[HISTORY: Adopted by the Board of Health
of the Borough of Hopatcong as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-16-1969]
[Amended 2-28-1990]
The amendments to P.L. 1954, c. 199,[1] enacted by the State of New Jersey (N.J.A.C. 7:9-1.1 et
seq.), regulating the location, construction, repair, replacement,
use, maintenance and method of emptying for cleaning of individual
sewage disposal systems; the issuance of licenses and permits to locate,
construct, repair, replace, use, maintain and empty for cleaning of
said systems; and the fixing of the penalties for the violation thereof
is hereby adopted by reference, except as hereinafter modified. A
copy of said regulations is annexed hereto and made a part hereof.
[1]
Editor's Note: See N.J.S.A. 58:11-23 et seq.
[Amended 2-28-1990]
The amendments established and adopted by this
article are described and commonly known as the "Standards for Individual
Subsurface Sewage Disposal Systems," and are set forth in the Administrative
Codes as N.J.A.C. 7:9-1.1 et seq.
[Amended 10-23-1974; 8-27-1975; 1-15-1986; 2-28-1990]
A.
Three copies of this article and N.J.A.C. 7:9-1.1
et seq. have been placed on file in the office of the Secretary of
the Board of Health upon the introduction of this article and will
remain on file in said office for use and examination by the public.
Further, the Board of Health has available copies of this article
and N.J.A.C. 7:9-1.1 et seq., which are available upon request and
with the payment of the required fee.
B.
Modifications. N.J.A.C. 7:9A-10.5(e)5 is hereby modified
to provide that the slope for either the top surface of the fill layer
or the retaining wall or berm of soil be at a grade of 4:1 or less,
not 3:1 or less.
C.
The administrative authority, as referred to in the
aforesaid regulations, shall be construed to mean the Board of Health
of the Borough of Hopatcong.
D.
In the event that the provisions of N.J.A.C. 7:9-1.1
et seq. are modified or changed in the future, this article shall
be deemed amended to incorporate such modifications or changes upon
their enactment by the State of New Jersey.
A.
No person shall locate, construct or alter any individual
sewage disposal system until a permit for the location, construction
or alteration of said sewage disposal system shall have been issued
by the Board of Health.
B.
The Board of Health may issue a permit if an application
for the same is accompanied by a certificate made by an engineer licensed
to practice professional engineering in New Jersey or by a licensed
health officer or sanitarian of the State of New Jersey stating that
the design of the individual sewage disposal system as proposed is
in compliance with N.J.A.C. 7:9-1.1 et seq.
[Amended 2-28-1990]
C.
A septic permit shall be required for the reconstruction of a dwelling,
dwelling units and commercial buildings. Reconstruction shall be deemed
to constitute demolition of a structure and replacement of that structure.
Where a dwelling, dwelling units or a commercial building is to be
demolished and replaced with a new structure, the following requirements
shall apply:
[Added 2-4-2015 by Ord.
No. 2-2015]
(1)
For property capable of having a septic system installed in accordance
with current code requirements. Where a septic system in compliance
with current code requirements can be constructed on the lot, the
owner shall provide a septic design in compliance with the current
code requirements and shall have a system installed in accordance
with an approved design for a house having the same number of bedrooms
as proposed by the owner or, in the case of a commercial or nonresidential
building, in compliance with the current code requirements for the
reconstructed/remodeled building.
(2)
For property not capable of having a septic system installed in accordance
with current code requirements. If the property owner asserts that
a septic system in compliance with current codes cannot be constructed
on the lot, the property owner shall apply to the Board of Health
for a variance from the requirement that the septic system be in compliance
with current codes. The property owner shall submit to the Board of
Health a septic design that is closer in compliance with the current
codes; that employs the current, best technologies authorized by the
NJDEP; and achieves the highest water quality standards for the effluent
discharge to the disposal area. The property owner's proposed
septic design shall be filed with the Board at least 14 days before
the hearing date for the variance so as to allow the Board adequate
time to review same and to provide comments and recommendations with
respect to same. All septic designs shall be filed in the PDF file
format. The applicant shall establish to the Board that the existing
building is a habitable dwelling with an existing method of sewage
disposal. The applicant is required to provide proofs that the property
is either served through a public water system (including surface
water) or a drilled well. If the applicant is unable to provide such
proofs, the application will be treated as an application for construction
of a new septic system under current code requirements. If the property
is not served by public water or does not have access to a drilled
well, the owner must have a well drilled in compliance with current
code requirements.
(3)
Increase in number of bedrooms or change in use or size of the commercial
or nonresidential building. If the owner proposes an increase in the
number of bedrooms in the home compared to the number of bedrooms
in the former dwelling, or proposes a change in use or size of the
commercial or nonresidential building which would increase the required
capacity of the septic system, the septic system must be designed
and constructed in accordance with current code requirements. It is
the applicant's burden to provide proofs to establish the number
of bedrooms in the former and proposed dwellings and previously approved
capacity of a septic system for the commercial or nonresidential building.
(4)
Other approvals. Approval of the septic system to service the reconstructed/remodeled
building shall be subject to a requirement to obtain zoning approval
and or site plan approval as may be applicable.
[Amended 2-28-1990]
A.
New individual sewage disposal systems shall not be
placed into operation, nor shall new dwellings or buildings or additions
thereto which must rely on such a system for sewage disposal be sold
or occupied, nor shall altered or repaired systems be used, until
the Board of Health shall have issued a certificate indicating that
said disposal system has been located, constructed and/or altered
or repaired in compliance with the terms of the permit issued and
the requirements of N.J.A.C. 7:9-1.1 et seq.
B.
The Board of Health may issue such a certificate if
an engineer, health officer or sanitarian duly licensed by the State
of New Jersey submits to the Board of Health a statement in writing
signed by him that the said disposal system has been located and constructed
in accordance with the terms of the permit issued and the requirements
of the aforesaid N.J.A.C. 7:9-1.1 et seq.
C.
Septic systems shall be completely installed, inspected
and approved by the Health Officer on lots under 15,000 square feet
before a footing inspection is performed on the dwelling.
[Added 6-28-2006 by Ord. No. 23-2006]
[Amended 10-23-1974]
Persons shall not engage in the business of
constructing, reconstructing or extending septic tanks or any other
individual sewage disposal system, or part thereof, without first
having obtained a license to do so from the Board of Health or its
authorized representative. The applicant must show proof of his knowledge
and experience in the installation of sewage disposal devices. Such
licenses shall be valid for a period of one calendar year, expiring
on December 31, but may be renewed by the Board of Health. Said license
may be revoked for failure of the licensee to comply with the provisions
of N.J.A.C. 7:9-1.1 et seq. or any regulation, ordinance or directive
of the Board of Health.
In case any permit or certificate required by
this article is denied by the Board of Health, a hearing shall be
held thereon before the Board of Health within 15 days after a request
thereof is made by the applicant, and upon such hearing the Board
of Health shall affirm, alter or rescind its previous determination
and take action accordingly within 15 days after the date of such
hearing.
The Board of Health may order all further work
in and about any individual sewage disposal system which is being
erected or installed in violation of N.J.A.C. 7:9-1.1 et seq. to be
stopped forthwith, except such work as shall be necessary to remedy
such violation and, thereafter, the work continued without any violation
of any of the provisions of N.J.A.C. 7:9-1.1 et seq.; and after the
issuance of any such order and the service of a copy thereof upon
any person connected with or working in and about the erection or
installation of any such disposal system, or any part thereof, no
further work shall be done thereon except as aforesaid.[1]
[1]
Editor's Note: Original § 61-9,
Fees and charges established, as amended, which immediately followed
this section, was repealed 2-28-1990.
[Amended 2-28-1990]
A.
Any person or persons, firm or corporation violating
any provisions of or any order promulgated under this article or N.J.A.C.
7:9-1.1 et seq., incorporated by reference herein, shall, upon conviction
thereof, pay a penalty of not less than $2 nor more than $5,000 for
each violation.
[Amended 9-15-1999 by Ord. No. 22-99]
B.
Each day a particular violation continues shall constitute
a separate offense.
C.
The penalties provided herein are in addition to any
civil penalties which may be imposed under N.J.A.C. 7:9-1.1 et seq.
D.
In addition to the fines and penalties set forth herein,
any person who shall violate any of the provisions of this article
shall reimburse the Borough of Hopatcong for all cost incurred in
correcting or terminating any adverse effects upon the environment
as a result of the violation. Any person shall further reimburse the
Borough of Hopatcong for all cost of investigation, inspection and
prosecution involved in the correction of any violation of this article,
including reasonable costs for litigation and attorney's fees. All
costs awarded to the Borough of Hopatcong pursuant to this subsection
shall constitute an assessment and a lien against the subject property
and shall accrue interest as provided by law.
[Added 9-15-1999 by Ord. No. 22-99]
[Adopted 2-15-1984]
As used in this article, the following terms
shall have the meanings indicated:
A tax lot shown on the tax maps of the Borough of Hopatcong.
Any method or system of removing and disposing of sanitary
sewage.
Any sewage disposal system which, in whole or in part, services
more than one structure, where said structures are situate on different
lots.
Does not include an accessory structure as defined in Chapter 242, Zoning, of the Code of the Borough of Hopatcong.
A.
The construction or alteration of any shared sewage
disposal system is hereby prohibited. This prohibition shall not be
deemed to prohibit the maintenance, including pumping, of any shared
sewage disposal system existing prior to the passage of this article.
B.
The prohibition in the foregoing subsection shall
not be deemed to compel any person or entity who or which is the owner
or occupant of any property or properties on which such a system is
located to be immediately converted into a sewage disposal system
or systems which are not in violation of this article; however, no
such system may be altered or repaired, and in the event any such
system requires alteration or repair, the Health Officer of the Borough
of Hopatcong or other applicable enforcement officer shall not permit
the same unless and until the owner or occupant has modified such
system so as to make such system not in violation of this article.
A.
The construction or alteration of any sewage disposal
system not totally located within the boundary lines of the property
on which the structure or structures such system services is located
is hereby prohibited. This prohibition shall not be deemed to prohibit
the maintenance, including pumping, of any such sewage disposal system
existing prior to the passage of this article. For the purposes of
this section, "property" is hereby defined as a single tax lot as
shown on the tax maps of the Borough of Hopatcong.
B.
The prohibition in the foregoing subsection shall
not be deemed to compel any person or entity who or which is the owner
or occupant of any property or properties on which such a system is
located to be immediately converted into a sewage disposal system
or systems which are not in violation of this article; however, no
such system may be altered or repaired, and in the event that any
such system requires alteration or repair, the Health Officer of the
Borough of Hopatcong or other applicable enforcement officer shall
not permit the same unless and until the owner or occupant has modified
such system so as to make such system not in violation of this article.
A.
Irrespective of the prohibitions in this article,
the Board of Health of the Borough of Hopatcong may grant permission
to an owner or occupant to construct, alter or repair a system which
is in violation of this article. Such permission may only be granted
after the applicant has presented proof to the Board of Health and
the Board of Health has made factual findings that the system which
is the subject of the application would not create or sustain the
potentiality of a health hazard to the users of such system or the
surrounding owners or residents, would not have the potentiality of
creating or sustaining health enforcement difficulties and that the
strict enforcement of this article would impose extreme hardship on
the applicant. The permission granted may contain such conditions
as the Board of Health deems appropriate or necessary to maintain
the public health and safety and to provide for proper and efficient
enforcement of the health laws and ordinances of the Borough of Hopatcong.
The conditions imposed may, from time to time, be modified or supplemented
as the Board of Health deems appropriate or necessary.
B.
Whenever a sewage disposal system has been approved
by the Board of Health pursuant to the foregoing subsection, the maintenance,
servicing or repair of such system shall not require further approval
of the Board of Health unless required by any conditions imposed by
the Board of Health in granting such approval. This shall not be deemed
a waiver of any permits otherwise required by the State of New Jersey,
the County of Sussex, the Borough of Hopatcong or other applicable
governmental entity. This shall further not be deemed to preclude
the Board of Health from imposing additional conditions or modifying
prior conditions as it from time to time deems appropriate or necessary.
