Township of Mendham, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Mendham as Ch. BH:V of the 1998 Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers  — See Ch. 272.
Individual water supply systems — See Ch. 397
A. 
This chapter shall be known as the "Individual Subsurface Sewage Disposal System Ordinance" of the Township of Mendham.
B. 
The provisions of this chapter are intended to effectuate the administration by the Board of Health of the Township of Mendham (the Board of Health) of the rules, regulations and requirements of the Standards for Individual Subsurface Sewage Disposal Systems, N.J.A.C. 7:9A-1 and following (the state standards) and to prescribe certain higher standards with respect to such systems in the Township of Mendham. No provision of this chapter shall be interpreted or applied so as to diminish or lessen the minimum requirements of the state standards.
[Amended 10-26-1998 by Ord. No. BH:2-1998]
A. 
Each of the following applications shall be considered and acted upon by the Board of Health at meetings of the Board:
(1) 
An application for a permit to construct an individual subsurface sewage disposal system;
(2) 
An application for a permit to alter an individual subsurface sewage disposal system, when such application involves: an intensification of use; a variance, waiver or exception; relief from any setback requirements;
(3) 
An application to modify the design or location of an individual subsurface sewage disposal system previously approved by the Board of Health; and
(4) 
An application for the approval of preliminary plans to use an individual subsurface sewage disposal system or systems to serve a lot or lots proposed to be created by subdivision approval or proposed to be developed in accordance with site plan approval.
B. 
An application for a permit to repair an individual subsurface sewage disposal system by fixing, refurbishing or replacing one or more components in a manner that will restore and preserve the system without changing the original location, design, construction, size, capacity, type or number of the components of the system shall be reviewed and acted upon by the Registered Environmental Health Specialist.
C. 
An application to permit to alter an existing individual subsurface disposal system may be acted upon by the Registered Environmental Health Specialist, with the approval of the engineer for the Board of Health, provided that the alteration is not required based upon an intensification of use and further provided that the altered disposal system will not require any relief in the way of variances, waivers or exceptions, and further provided that the altered system shall not be in violation of any of the required setbacks or other clearance distances.
A. 
An application for a permit to construct or alter an individual subsurface sewage disposal system shall be submitted on the application form provided by the Board of Health for such purpose. The application form shall be fully and accurately completed and shall be signed and sealed by a licensed professional engineer.
B. 
Each application shall be accompanied by a plan for the proposed new or altered system. The plan shall be at a scale not smaller than one inch equals 50 feet and shall meet all of the requirements of N.J.A.C. 7:9A-3.5. In addition, all soil log data, soil test data, soil class rating determinations, groundwater data, with specific elevations as to each, design data, calculations for sizing component parts of the proposed system, and special construction specifications shall be placed upon the plan. The plan shall also bear a notation that any select fill shall be subjected to suitable tests as approved by the Township Sanitarian First Grade once the fill is in place and that the tests shall be certified by the applicant's professional engineer. A key map at a smaller scale showing the location of the lot or lands in relation to surrounding lands shall be included in an upper corner of the plan, which key map shall be based upon the Township Tax Map with identification of adjacent properties by lot numbers. The plan shall bear a notation that prior to the performance of any construction work for the individual subsurface sewage disposal system the design engineer shall stake out the disposal area, establish a benchmark and provide the contractor and the Township Sanitarian First Grade with a cut sheet detailing the proposed invert elevations.
C. 
Whenever a proposed individual subsurface sewage disposal system will have a waste line passing under a driveway or other area to be used by motor vehicles, the plan for the system shall show that the portion of the waste line passing under such area will be enclosed in a sleeve.
D. 
Every application for a permit to construct or alter an individual subsurface sewage disposal system to serve a new or enlarged structure shall be accompanied by two sets of the architect's final floor plans for the new or enlarged structure with the intended uses of each room designated. The floor plans shall be same as those which will be submitted to the Township Construction Official for issuance of a construction permit, and the plans shall be marked to show the Tax Map block and lot number of the subject property. The issuance by the Board of Health of any permit to construct or alter an individual subsurface sewage disposal system on the subject property shall be conditioned upon adherence to such floor plans.
E. 
The following types of tests may be used to determine percolation rate and permeability in accordance with the conditions prescribed in N.J.A.C. 7:9A-6 and following:
(1) 
Tube permeameter test.
(2) 
Percolation test.
(3) 
Pit bailing test.
(4) 
Piezometer test.
(5) 
Basin flooding test.
(6) 
Soil permeability class rating, provided that this test shall not be used in soils which are clay, silty clay, silty clay loam, sandy clay, clay loam, silt loam or silt unless the results of the test are confirmed by an on-site permeability test.
F. 
The permeability and/or percolation test rate to be used for calculations shall be the slowest test rate found of the tests reported. In any case, the smallest factor for bedding sizing shall be 1.61 square feet/GPD.
[Added 1-24-2005 by Ord. No. BH:1-2005]
A. 
Soil and groundwater observations. Observation pits shall be dug in natural soil immediately outside of or within a fifteen-foot radius of the proposed leaching system as required by N.J.A.C. 7:9A. The observation pits shall, if practicable, be a minimum of 10 feet in depth or to bedrock, but in no case shall the observation pit extend less than four feet below the bottom of the proposed leaching system. The observation pit shall be of such size to permit ready observation of earth material characteristics, depth to seasonal high water table and depth to bedrock. To allow the observation of the stabilized high water table, a perforated pipe shall be installed vertically in the pit and the pit backfilled. A piezometer installed in a bored hole may be used to determine stabilized depths to groundwater in lieu of perforated pipe placed in observation pits. The pipe shall remain in the pit a minimum of 24 hours. The elevation for the water table shall be determined and recorded upon completion at the excavation and at the end of 24 hours. NOTE: In cases of new construction or intensification of use, the observations required by this chapter shall be taken and made only during the wet season (January through April) in all cases where groundwater or mottling is found at a depth of four feet or less.
(1) 
Groundwater. When the groundwater table within the area of the proposed leaching system during the wet season is less than four feet below the natural ground surface, at least three perforated pipes and/or piezometers shall be installed to determine the slope of the groundwater table.
B. 
Percolation and permeability tests.
(1) 
The following types of tests may be used to determine percolation rate and permeability in accordance with the conditions prescribed by the NJDEP in accordance with N.J.A.C. 7:9A-6 et seq.:
(a) 
Tube permeameter test.
(b) 
Soil permeability class rating.[1]
[1]
Note: Soil permeability class rating shall not be used in soils which are clay, silty clay, silty clay loam, sandy clay, clay loam or silt.
(c) 
Percolation test.
(d) 
Pit bailing test.
(e) 
Piezometer test.
(f) 
Basin flooding test.
(2) 
When the soils encountered within the area of the proposed disposal field are described by the Soil Conservation Service as having severe limitations for subsurface sewage disposal due to a water table, site investigations to determine water table elevation and hydraulic gradient shall be conducted during the wet season of the year. Depth to bedrock shall be confirmed, as well as its competency and inherent structure. When the horizon or substratum used as a zone of disposal is excessively coarse or rock, it must be tested using the pit bailing test, piezometer test or the basin flooding test as appropriate to determine if it is permeable or fractured.
C. 
Removal of piezometer pipes. All piezometer test pipes shall be removed within 10 days of completion of the tests or shall be properly secured with notice to the Board of Health. Extensions of time may be granted upon written application to the Board of Health.
[Added 1-24-2005 by Ord. No. BH:1-2005]
The Board of Health will require information relative to soil structure and groundwater elevations adjacent to or below the proposed disposal area in addition to the required information under N.J.A.C. 7:9A. In areas of seasonal high water or surface water encroachment, the administrative authority may require monitoring of water table elevations and hydraulic gradient over sufficient time to determine the degree of groundwater elevation fluctuation during the wettest and driest period of the year. All determinations regarding groundwater conditions and permeability measurements of groundwater bearing formations will be completed by a licensed professional engineer.
A. 
The location of permeability tests and observation pits and the limits of all soil formations as defined by the Soil Conservation Service maps shall be shown on design drawings and plans. There shall be at least one percolation/permeability test and one observation pit in each soil type where a soils boundary passes through a disposal area.
[Added 8-27-2007 by Ord. No. BH:1-2007]
No new, altered or repaired individual subsurface sewage disposal system, shall have issued a certificate of compliance with respect to such system until all of the requirements of this chapter have been met and, in addition thereto, the Board of Health has been furnished with an as-built plan (record plan) of the system showing to the greatest extent possible, among other, the exact location of the system and its components, and then dimension the distance to the foundation of the buildings served by the system. The requirement of the as-built drawing shall be placed on the plan submitted at the time of the application as follows:
A. 
The undersigned engineer acknowledges the responsibility to furnish an as-built plan as required by this chapter and shall furnish such on the as-built plan within 30 days of completion of the septic system construction or repair.
A graywater disposal system is not required but may be approved by the Board of Health. Whenever a greywater system is used, the design of both the blackwater and greywater systems shall meet the requirements of N.J.A.C. 7:9A-7.4.
A plan for a new individual subsurface sewage disposal system shall designate a reserve area equal to 100% of the original disposal area in order to provide for future expansion or replacement of the system. A reserve area shall meet all of the site requirements applicable to the initial installation and shall be shown on the plans and designated as "disposal reserve area." One acceptable soil log and one acceptable soil permeability test shall be made for the reserve area. The land designated for the reserve area shall be located so as to be free of freshwater wetlands, required wetland transition areas, State open waters, flood hazard areas, existing and proposed easements, and areas with slopes which are 25% or greater. No permanent improvements shall be installed within or adjacent to a reserve area which would adversely affect its future use as a disposal area. The provisions of this section shall not apply to an existing lot if the designation of a reserve area is not practicable.
A. 
No part of a disposal field shall be closer than 25 feet to the property line of an adjacent lot, provided that the Board of Health may reduce the distance from the property line of an adjacent lot to not less than 10 feet in the event that the Board determines that the size and shape of a specific property justifies a reduction. This section shall not be interpreted as permitting any part of a disposal field to be closer than 50 feet to any part of another disposal field.
B. 
Whenever an application to the Board for a permit to construct or alter an individual subsurface sewage disposal system proposes a disposal field closer than 25 feet to the property line of an adjacent lot, the applicant shall accompany the application to the Board with evidence by affidavit that at least 10 calendar days before consideration of the application by the Board written notice of the application was served by the applicant in person or by certified mail, return receipt request, upon the owner of such adjacent lot, as the owner is shown by the current Township tax list, such notice and proof to be in the form provided by the Board for such purpose. In acting upon the application, the Board shall give due consideration to any objections or comments which may be presented to the Board by any such adjacent owner. A municipal street shall not be considered to be an adjacent lot for purposes of this paragraph.
C. 
No part of a disposal field shall be closer than 50 feet to a natural pond or to a detention/retention basin, as measured from the top of the bank.
D. 
No part of a disposal field shall be closer than 50 feet to an area of special flood hazard as established by the provisions of Chapter XVIII, Flood Hazard Area Regulations, of the Land Use Ordinance of the Township of Mendham.
E. 
No part of a disposal field shall be closer than 50 feet to any dry well or other below grade device designed or intended to manage water runoff from a property or any improvement on a property.
[Added 4-26-1999 by Ord. No. BH:2-1999]
Every application for permission to construct a new individual subsurface sewage disposal system and any application for repair, alteration or modification of an existing individual subsurface disposal system, where the repair, modification or alteration will involve changes to the sewer line within 25 feet of the structure, shall provide, and the plan shall show provision for a cleanout, to be located outside, within five feet of the foundation of the structure and so situated as to be accessible for its intended purpose.
Whenever an approved lot grading plan is required under any provision of the Land Use Ordinance of the Township of Mendham prior to the issuance of a construction permit for a new realty improvement or an addition to a structure which involves an extension of an existing foundation, the Board of Health may require that a copy of the approved lot grading plan be submitted to the Board prior to action upon an application for a permit to construct or alter an individual subsurface sewage disposal system.
A. 
All construction work for the installation, alteration or repair of an individual subsurface sewage disposal system shall be completed within 10 working days from the commencement of work. Work shall be deemed commenced at the time that any excavation for the installation of a septic tank, disposal bed or other component of the system is started after the issuance of a permit therefor, and work shall be deemed completed when the final grading of all disturbed areas is finished. A house connection need not be installed for the work to be deemed completed.
B. 
An extension of the aforesaid ten-day period may be granted for good reason by the Township Sanitarian First Grade, or in case of his unavailability, by the Township Engineer. Every application for an extension shall be made in writing.
C. 
In the event that construction work is not completed within the time period required by this section or any authorized extension of such period, the Township Sanitarian First Grade shall make daily inspections of the property upon which the work was commenced, and inspection fees in the amount as provided in Chapter 361, Fees, shall be payable for such inspections until the work is completed, which fees shall be paid in full prior to the issuance of a certificate of compliance - installation or other approval of the system.[1]
[1]
Editor's Note: Amended at time of adoption of Code by the Board of Health (see Ch. 350, General Provisions, Board of Health Art. I).
A. 
No person shall install a garbage disposal unit in a new or existing dwelling served by an individual subsurface sewage disposal system without the specific approval of the Board of Health.
B. 
No person shall dispose of any swimming pool backwash water or other swimming pool water in an individual subsurface sewage disposal system.
C. 
No person shall grade or regrade any property in a manner that will cause surface waters to flow upon the area in which the disposal field of an individual subsurface sewage disposal system is located.
D. 
No person shall plant on top of the disposal field of an individual subsurface sewage disposal system trees or other vegetation having a root system that is capable of physically disrupting the disposal field.
[Amended 5-21-2002 by Ord. No. BH:1-2002]
A. 
Every permit issued for the construction of an individual subsurface sewage disposal system shall expire one year after the date of issuance unless prior to such time construction of the realty improvement with respect to which to permit was issued shall have been commenced.
B. 
The Board of Health may in its discretion renew a permit which has expired under the provisions of this section. Any renewal shall be subject to the provisions of this section. A fee as set forth on the current fee schedule shall be charged for the renewal of a permit.[1]
[1]
Editor's Note: See Ch. 361, Fees.
C. 
Permit, for purposes of this section, shall be deemed "issued" when the applicant receives Board of Health Approval conditional or otherwise. In no event, however, shall an applicant commence work pursuant to such permit prior to the payment of all fees and satisfaction of all conditions.
[Added 8-27-2007 by Ord. No. BH:1-2007]
Prior to the issuance of a certificate of compliance - installation as to the individual subsurface sewage disposal system, the licensed professional engineer who designed the new system, or the alteration of an existing system, and the Township of Sanitarian First Grade who inspected the system shall both execute the appropriate form of certifying that the system has been constructed and installed or altered in compliance with the state standards, any applicable higher standards of this chapter and the engineering design approved by the Board of Health.
In the event that a realty improvement is to be served by both a new individual subsurface disposal system and a new individual water supply system, then a permit for the construction of the individual subsurface sewage disposal system shall not be issued by the Board of Health until the new well has been installed in accordance with New Jersey and Mendham Township requirements and tests establish that the new well meets the requirements of § 397-9, as amended, with respect to the yield of the well. The drilling company shall complete and file the required well record. The requirements of § 397-4 with respect to the required certificate of compliance are not affected hereby, and no new, altered or repaired individual water supply system shall be placed in operation until the Board of Health shall have issued the certificate of compliance with respect to such system.
A. 
In order to satisfy the requirements of state law and the provisions of the Land Use Ordinance of the Township of Mendham, the Board of Health shall review and approve the preliminary plan for the use of any individual subsurface sewage disposal system to serve any lot in any proposed subdivision or any lot shown upon any site plan application, which review and approval shall be completed prior to the grant of subdivision or site plan approval by any other Township body.
B. 
A drawing meeting the requirements of § 383-3 shall be submitted showing each lot, the proposed realty improvement for each lot, the size, layout, and design of the individual subsurface sewage disposal system to serve the proposed realty improvement, and the reserve area.
C. 
Board of Health review shall be based upon reports of soil suitability and tests for soil permeability. A minimum of one acceptable soil log and one acceptable soil permeability test shall be made on each proposed lot at a location suitable for a disposal field in view of anticipated development of the lot. An additional acceptable soil log and one acceptable soil permeability test shall also be made for the reserve disposal field for each proposed lot. Each area indicated for the original system and each area indicated for the reserve system shall be free of freshwater wetlands, required wetland transition areas, state open waters, flood hazard areas, existing and proposed easements and areas with slopes which are 25% or greater.
D. 
For subdivision review and approval purposes, the preliminary plan for an individual subsurface sewage disposal system to serve a proposed single-family residential lot shall be based upon a dwelling with no less than four bedrooms.
E. 
Prior to the performance of work at any site for purposes of obtaining soil logs or for purposes of soil suitability testing, a plan shall be submitted to the Board of Health showing the entire tract subject of the subdivision or site plan application and showing the locations of any of the following which may be present on the tract: any freshwater wetlands and wetland transition areas as established by a Letter of Interpretation issued by the New Jersey Department of Environmental Protection; state open waters; streams; ditches; and other watercourses. The plan shall also show the proposed locations for all soil logs and soil suitability tests, as well as proposed vehicular access to such locations. No activity shall be undertaken in violation of the New Jersey Freshwater Wetlands Protection Act, N.J.A.C. 7:7A-1.1 and following.
F. 
In the event that the Board of Health shall approve the preliminary plans for the use of individual subsurface sewage disposal systems for each proposed subdivision lot to be developed with a realty improvement, or in the event that the Board shall approve the preliminary plan for the use of such a system for a proposed site plan, the Board shall adopt a resolution setting forth such approval and shall forward certified copies of the resolution to the Township Board acting on the subdivision or site plan application, to the applicant, to the applicant's engineer, to the Township Engineers and to the Zoning Officer.
G. 
Review and approval by the Board of Health of the preliminary plan for the use of an individual subsurface sewage disposal system to serve a proposed subdivision lot or site plan shall not limit subsequent action of the Board in connection with a formal application for a permit to construct such a system after subdivision or site plan approval has been granted.
[Amended 5-22-2000 by Ord. No. BH:1-2000]
A. 
Prior to the transfer of title to any property which includes a previously occupied dwelling or other structure served by an individual subsurface sewage disposal system, the Board of Health shall issue a certificate for continued use of each such system on the property. The requirement for a certificate shall be noted upon all tax searches issued by the Tax Collector of the Township.
B. 
An application for certificate for the continued use of an existing individual subsurface sewage disposal system shall be made upon a form provided by the Board of Health for such purpose. The form shall include space for a report of inspection and tests of the system made in accordance with the provisions of this section. A fee as provided in Chapter 361, Fees, shall be paid at the time of submission of an application as provided by § 383-20E.[1]
[1]
Editor's Note: Amended at time of adoption of Code by the Board of Health (see Ch. 350, General Provisions, Board of Health Art. I).
C. 
The inspection and test shall be made and the report shall be executed by a person engaged by the applicant who is appropriately licensed or certified by the State of New Jersey and is appropriately qualified to complete and certify the test.
D. 
In the event the individual subsurface sewage disposal system does not meet the requirements of this Code or state law, a temporary certificate for continued use shall be issued upon the following conditions:
(1) 
An alteration design plan has been submitted and approved by the Board of Health or its professionals.
(2) 
A sum of money, by cash or certified funds in the amount of 1 1/2 times the construction cost of the alteration shall have been deposited with the Chief Financial Officer. The applicant's professional, appropriately qualified, shall furnish his or her estimate of the construction cost to the Board of Health.
(3) 
The temporary certificate of continued use shall expire within one year from the date of issuance at which point, the Township of Mendham may, at its option, utilize the escrow funds for purposes of effecting the repair, or in the alternative, the Township of Mendham may require that the premises be vacated.
(4) 
Upon certification by the registered Environmental Health Officer, the CFO is authorized to release funds from the escrow for that portion of the disposal system which has been certified as complete. Upon completion of all work, the escrow balance shall be returned to the party posting the same.
E. 
Issuance of a temporary certification for continued use in certain cases.
[Added 5-21-2002 by Ord. No. BH:2-02]
F. 
Where an existing individual subsurface sewage disposal system fails to meet the applicable standards so as to qualify for a certification of continued use, the secretary to the Board of Health may nevertheless issue a temporary certificate of continued use which shall remain effective for a period of six months from the date of issuance of the certificate, upon being furnished the following information in satisfactory form:
(1) 
A description by a licensed engineer of the failed condition of the individual disposal system.
(2) 
An estimate prepared by a licensed New Jersey engineer of the costs necessary to repair or replace the individual subsurface disposal system, including an estimate as to the design cost, labor, and material cost to repair or replace the system.
(3) 
The secretary shall furnish this information to the engineer for the Board of Health for an independent determination as to the approximate correctness of the facts and figures.
(4) 
The attorney for the buyer or the attorney for the seller shall furnish a letter of undertaking to the Board of Health that such attorney shall, at the time of closing, collect and hold in an escrow account a sum of money equal to 1.2 times the estimated costs from Subsection F(2) above as confirmed by the Board of Heath engineer in Subsection F(3) above. Said letter shall further state that the money in the escrow account shall be used for no other purpose than to pay for the repair or replacement of the septic system in question. Upon satisfactory completion of the installation, the remaining funds in the escrow account shall be released to the appropriate party.
No person shall at any time test an individual subsurface sewage disposal system within the Township of Mendham by discharging any liquid into such system in an amount or in a manner which will result in a hydraulic loading that is in excess of the gallons-per-day design flow capacity of the system as calculated in accordance with the state standards, nor shall any person test such a system in any other manner which will adversely affect the function of the system.
[Amended 5-22-2000 by Ord. No. BH:1-2000; 5-21-2002 by Ord. No. BH:1-2002]
The following fees shall be paid to the Township of Mendham:
A. 
Test observation and inspection fees.
(1) 
For on-site observation of a soil log and/or test of soil permeability by the Township Registered Environmental Health Specialist by appointment for purposes of: the preparation of an application for a permit to construct a new individual subsurface sewage disposal system; the preparation of an application to alter an existing system by the installation of a new disposal field; or the preparation of a subdivision of site plan application; the fee is as set forth on the attached fee schedule,[1] per lot or proposed lot.
[1]
Editor's Note: See Ch. 361, Fees.
(2) 
For an on-site inspection of a disposal field profile, the fee is as set forth on the attached fee schedule, per lot.
(3) 
For an on-site inspection to determine compliance with requirements regarding select fill used in the construction of a system, the fee is as set forth on the attached fee schedule, per lot.
(4) 
For a final inspection for purposes of the issuance of a certificate of compliance, the fee is as set forth on the attached fee schedule, per lot.
(5) 
All required fees shall be paid prior to the issuance of a permit to construct the disposal system.
B. 
Application filing fees.
(1) 
For filing an application and plans for a permit to construct a new individual subsurface sewage disposal system, the fee is as set forth on the attached fee schedule.[2] This fee is in addition to any fee provided in Subsection A above.
[2]
Editor's Note: See Ch. 361, Fees.
(2) 
For filing an application and plans for a permit to alter an existing individual subsurface sewage disposal system, the fee is as set forth on the attached fee schedule if the plans include the installation of a new disposal field, or the fee is as set forth on the attached fee schedule if the plans do not include the installation of a new disposal field. This fee is in addition to any fee provided in Subsection A above.
(3) 
For filing an application for a permit to repair an individual subsurface sewage disposal system, refer to the attached fee schedule. No further fee shall be required for inspection of the repair work performed.
(4) 
For filing an application for approval of the preliminary plans for the use of individual subsurface sewage disposal systems to serve lots in a proposed subdivision, the fee is as set forth on the attached fee schedule, per lot. For filing an application for approval of the preliminary plans for the use of an individual subsurface sewage disposal system to serve a proposed site plan, the fee is as set forth on the attached fee schedule, per lot. These fees are in addition to any fee provided in Subsection A above.
(5) 
Each required fee shall be paid upon the submission of an application and plans, and no action shall be taken by the Board of health upon an application until the required fee has been paid.
C. 
Reinspection fees. For each reinspection of an individual subsurface sewage disposal system, or of any part of any such system, required by failure to locate and construct or alter the system in accordance with applicable requirements, the fee is as set forth on the attached fee schedule.[3] The required fee shall be paid prior to the time of reinspection.
[3]
Editor's Note: See Ch. 361, Fees.
D. 
Technical review fees.
(1) 
In addition to any application filing fees, an applicant shall pay a fee equal to the costs incurred by the Board of Health for any technical review of the application by the consulting sanitary engineer of the Board whose review, study, research, report and/or testimony is deemed necessary by the Board in order to assure that the proposed new or altered system will be in compliance with state standards and this chapter.
(2) 
Technical review fees shall be calculated in accordance with the actual time required for review, study, research, report and/or testimony by the consulting sanitary engineer at rates established by a schedule of professional fees adopted and from time to time amended by resolution of the Board of Health, which schedule shall be maintained in the office of the Secretary of the Board for public inspection.
(3) 
All technical review fees with respect to any application shall be paid within 20 days after the receipt by an applicant of a statement therefor.
(4) 
Whenever an application is subject to technical review, the applicant shall make an initial deposit for technical review fees in the amount of the fee set forth on the attached fee schedule.[4] Further deposits for such fees may be required in the event that the foregoing amount is not sufficient to cover all technical review fees. Any portion of a deposit which is not required for technical review fees shall be returned to the applicant following final action by the Board of the application.
[4]
Editor's Note: See Ch. 361, Fees.
E. 
Escrow for final as-built plan. In addition to any other fees, the applicant shall pay to the Board of Health a separate escrow fee in the amount provided in Chapter 361, Fees; said escrow fee shall be encumbered for the sole purpose of securing to the Township of Mendham an as-built plan of any new, altered or repaired individual or subsurface sewage disposal system. In the event such as-built is not furnished to the Township within 30 days following the completion of the septic construction or repair, the Township of Mendham may utilize as much of said sum as necessary to generate an as-built plan. In the event the cost of such as-built plan should exceed the sum provided, the applicant should be responsible for the same and any additional cost may be placed as a lien on an applicant's property. Upon the receipt of the approved as-built plan, the Board of Health shall release the entirety of the balance.
[Added 8-27-2007 by Ord. No. BH:1-2007[5]]
[5]
Editor's Note: Amended at time of adoption of Code by the Board of Health (see Ch. 350, General Provisions, Board of Health Art. I).
F. 
Legal review fees. Whenever application is made to the Board of Health for approval of preliminary plans for the use of individual subsurface sewage disposal systems to serve lots in a proposed subdivision, the applicant shall be required to pay a legal review fee to the attorney for the Board of Health equal to the cost incurred by the Board of Health for the review of the application and preparation of a resolution. The legal fee shall be calculated in accordance with the prevailing hourly rate as allowed under the general ordinances and resolutions of the Township Committee of the Township of Mendham.
[Added 5-22-2000 by Ord. No. BH:1-2000]
Every application shall be submitted to the Board of Health at least 10 days prior to the meeting of the Board at which consideration is desired.
A. 
Any person who violates any provision of the Realty Improvement Sewerage and Facilities Act (1954), N.J.S.A. 58:11-23 and following, Standards for Individual Subsurface Sewage Disposal Systems, N.J.A.C. 7:9A-1 and following, any provision of this chapter or any order of the Board of Health issued pursuant thereto shall be subject to a fine not exceeding $200 for each offense and an additional penalty of not more than $25 for each day a particular violation continues after notice of the violation shall have been given to such person by the Board of Health.
B. 
The Board of Health may refer any violation to the New Jersey Department of Environmental Protection for the assessment of penalties under N.J.A.C. 7:9A-1.7.