[HISTORY: Adopted by the Township Committee of the Township
of Washington by Ord.
No. 2000-2. Amendments noted where applicable.]
GENERAL REFERENCES
Public health nuisances — See Ch. 490.
A.
The statues pertaining to local Boards of Health and the general
municipal police power permit the regulation of reception or storage
of human excrement. The Township Committee of Washington Township
has determined it is necessary to enact and enforce rules and regulations
and issue permits for outside toilets to promote the public health,
safety and welfare of said Township.
B.
This chapter is enacted pursuant to N.J.S.A. 26:3-1 et seq. and N.J.S.A.
40:48-2.
It shall be unlawful for any person to use, construct, maintain,
empty or clean any toilet of the type commonly known as "outside toilets"
within the Township, without first obtaining a permit from the local
Board of Health.
As used in this chapter, the following terms shall have the
meanings indicated:
Outside lavatory, portable toilet, outhouse, or other similar
device used for the reception or storage of human excrement, whether
temporary or permanent in nature, except that chemical or portable
toilets located on boats or recreational vehicles are specifically
excluded from this definition.
A.
Application requirement. Any individual, corporation, partnership,
organization or other institution commonly recognized by law as a
unit must complete an application obtained from the local Board of
health of the Township before any permit shall be issued for the temporary
use of an outdoor toilet. The original application shall be filed
with the local Board of Health for review and determination, and a
copy is to be filed with the Township Clerk.
B.
Contents of application. The application for the permit shall contain
the following information:
(1)
Name and description of the applicant.
(2)
Address (legal and local).
(3)
Brief description of the basis for the request, proposed location,
requested time of use, method of delivery, maintenance and cleanup,
and party responsible for same.
(4)
Street address, or if there is none, the lot and block number a shown
on the Tax Map, where the outside toilet is to be located.
(5)
Any other appropriate information which the local Board of Health
may require by resolution.
Where any individual, corporation, partnership, organization
or other institution commonly recognized by law files an original
permit application with the local Board of Health, with a copy to
the Township Clerk, said application shall be accompanied by a permit
fee of $10, which shall be applied toward the administrative costs
of enforcing this chapter. The Board of Health may, in its discretion,
waive permit fees for nonprofit, charitable, or other public-service-related
entities or events.
Upon receiving a completed application and permit fee, the local
Board of Health shall immediately institute whatever reasonable investigation
is necessary concerning the application in question. If satisfied,
based upon that investigation, the local Board of Health may issue
a temporary permit for the use of an outside toilet only for one of
the following purposes:
No permit issued pursuant to this chapter shall be for more
than a period of 20 days. The Board of Health may, in its discretion,
extend the period of permit effectiveness or allow permit renewals
without additional fees for good cause shown.
Where any permit holder fails to maintain the outside toilet
in a healthy and sanitary manner so as to constitute a nuisance, or
violates any of the provisions of this chapter, or any other ordinances
of the Township or State of New Jersey, in connection therewith, the
permit may be revoked by the local Board of Health after reasonable
notice and hearing.
The provisions of this chapter shall not apply to the following:
A.
Agricultural uses, being defined as farms, fields, bogs and farm
labor camps, which are regulated by the State Department of Agriculture.
B.
Retail commercial take-out businesses which have had, on a seasonal
basis, portable toilets located on their property for the last two
years.
C.
County, state or other public agencies for the purposes of road work,
emergency purposes, or as required under state law to be provided
on such work site.
