[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.
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.
