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Township of Chatham, NJ
Morris County
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[Ord. No. BH-1-09]
a. 
Any owner of property located within 100 feet of any public sewer shall connect the building sewer of such building to the public sewer within a period of 90 days after notice from the Board of Health or its authorized agent to do so. The point of connection shall be designated by the engineer representing the municipal sewerage authority or by the Township Engineer, as the case may be. The distance shall be measured in a horizontal straight line from a point directly above the center of the designated point of connection to a point directly above the nearest portion of the property.
b. 
The Board of Health, after written application therefor, hearing thereon and good cause shown, shall, by formal resolution, grant exemptions from the requirement for connection to the public sewer provided for under paragraph a above, if, due to physical conditions upon the property, including but not limited to subsurface formations or topography, connection to the public sewer would be impracticable and result in substantial hardship to the owner, provided, however, that the conditions set forth in paragraph d., below shall have been met.
c. 
The Board of Health may, after written application therefor, hearing thereon and good cause shown, by formal resolution, grant deferrals of the requirement for connection to the public sewer provided for under paragraph a above, provided, that the conditions set forth in paragraph d., below, shall have been met and that one of the following conditions for deferral exist:
1. 
That the individual disposal system serving the property has been altered, repaired or replaced within five years of the Board of Health's issuance of the notice to connect to the public sewer. In such case, the Board of Health may grant a deferral for a period not to exceed five years from the date of such alteration, repair or replacement.
2. 
That the septic tank serving the property has been pumped within three years of the Board of Health's issuance of the notice to connect to the public sewer. In such case, the Board of Health may grant a deferral for a period not to exceed three years from the date of such pumping.
3. 
That the connection to the public sewer shall result in an unavoidable and severe financial hardship to the owner, due to the owner's lack of adequate assets and income. In such case the period of deferral of the requirement for connection to the public sewer shall remain in effect, only so long as the financial conditions relied upon by the Board of Health in granting the deferral continue to exist or until the ownership or occupancy of the property shall have changed by any means whatsoever, whichever shall first occur.
d. 
The Board of Health shall not grant exemptions under paragraphs b., above, nor shall it grant deferrals under paragraph c., above, unless the owner establishes by clear and convincing evidence (and the owner's professional engineer, home inspector or registered environmental health specialist, licensed as such in the State of New Jersey and not employed by the Township of Chatham) certifies to the Board of Health in writing) that the individual sewage disposal system serving the property is functioning properly, safely, and in accordance with all applicable laws and regulations, and can be expected to provide long-term reliable service.
e. 
The requirement for connection with the public sewer within 90 days, as set forth in paragraphs a and b, above, shall automatically be extended by the owner's filing of an application for an exemption or deferral, to a date 90 days of the Board of Health action on the application, or such other date as may be established by the Board of Health.
f. 
All actions for exemptions or deferrals shall be made on forms provided by the Board of Health (See Exhibit "A")[2] and shall be accompanied by documentation supporting each element of the application, including financial documentation, in case of financial hardship (See Exhibit "B")[3]. Such documentation shall be treated with the appropriate level of confidentiality. The Board of Health may direct the applicants to submit the documentation to the Chatham Township Administrator, who shall likewise observe the requisite level of confidentiality, and who shall, based upon the documentations submitted, make recommendations to the Board as to whether, in the Chatham Township Administrator's professional judgment, justification exists for the application pending before the Board.
[2]
Editor's Note: The Exhibits referred to herein may be found on file in the Board of Health office.
[3]
Editor's Note: The Exhibits referred to herein may be found on file in the Board of Health office.
g. 
The owner shall have the burden of establishing entitlement to an exemption or deferral sought and the owner's failure to sustain this burden shall result in a denial of the application.
h. 
A deferral is not transferable to a new owner of the property unless the new owner is a close family member such as a spouse, civil union partner or a child or children of the owner.
i. 
Any owner of property subject to this section, who shall fail or neglect to comply with a notice from the Board of Health pursuant to this section, shall be subject to a penalty not to exceed $250. An additional penalty not to exceed $100 per day shall be imposed for each day after the expiration of the notice as provided above in which the provisions of the said notice are not complied with. Such notices shall be served upon the owner(s) personally, or by leaving it at his or her usual place of abode with a member of the family of at least 18 years of age, or by sending it by registered or certified mail, return receipt requested, to the last known address of the owner as revealed by the tax rolls of the Township of Chatham.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. BH-4-67, BH-2-02 and BH-1-03.