Township of Mendham, NJ
Morris County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Mendham as Ch. BH:IV of the 1998 Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Individual subsurface sewage disposal systems — See Ch. 383.

§ 397-1 Definitions.

The terms used in this chapter shall have the meanings ascribed to them in the Standards for the Construction of Public Noncommunity and Nonpublic Water Systems (1988), N.J.A.C. 7:10-12.1 and following, promulgated by the Commissioner of the New Jersey Department of Environmental Protection, provided that certain terms shall have the meanings set forth below:
ALTERATION
Any modification of an existing individual water supply system, except repair work as defined in this section.
BOARD OF HEALTH OR BOARD
The Board of Health of the Township of Mendham.
CERTIFICATE OF COMPLIANCE
A certificate issued by the Board of Health certifying that an individual water supply system has been constructed, altered or repaired in such manner as to meet the requirements of the Realty Improvement Sewerage and Facilities Act (1954), N.J.S.A. 58:11-23 and following, and/or the New Jersey Safe Water Drinking Act, N.J.S.A. 58:12A-1 and following, as well as the Standards for the Construction of Public Non-Community and Non-Public Water Systems (1988), N.J.A.C. 7:10-12.1 and following, any higher standards prescribed by this chapter, the plans for the system approved by the Board of Health, and all terms and conditions of approval imposed by the Board of Health with respect to such system upon the issuance of the permit to construct, alter or repair the system.
CERTIFICATE OF POTABLE WATER SUPPLY
A certificate issued by the Board of Health certifying that the water supplied by an existing individual water supply system meets the minimum standards for the quality of water from such system established by applicable laws and regulations and the provisions of this chapter.
CERTIFIED LABORATORY
A laboratory certified by the New Jersey State Department of Environmental Protection pursuant to the Regulations Governing Laboratory Certification and Standards of Performance, N.J.A.C. 7:18 for the collection and analysis of water samples.
DULY AUTHORIZED REPRESENTATIVE OF THE BOARD
The Sanitary Inspector First Grade serving the Board, but this definition shall not preclude the health officer or professional engineer serving the Board from acting as a duly authorized representative of the Board.
INDIVIDUAL WATER SUPPLY SYSTEM
Any system designed to supply potable water for use on the property upon which the system is located.
PERMIT
The approval granted by the Board of Health authorizing the construction, alteration or repair of an individual water supply system after a determination that the proposed work is in compliance with the provisions of the Realty Improvement Sewerage and Facilities Act (1954), N.J.S.A. 58:11-23 and following, Standards for the Construction of Public Non-Community and Non-Public Water Systems (1988), N.J.A.C. 7:10-12.1 and following, and any standards prescribed by this chapter.
PERSON
Any individual, firm, corporation, partnership, association or other legal entity.
PROFESSIONAL ENGINEER
An engineer licensed to practice professional engineering in the State of New Jersey.
REPAIR WORK
The performance of work on an individual water supply system which is strictly limited to the repair or replacement of an existing component part of the system in need of repair or replacement such as a pump, section of pipe, tank, filter or other similar device, and which does not involve any change whatsoever in the design or location of the existing system or any portion thereof.

§ 397-2 Limitation on use; closure and maintenance of abandoned wells and irrigation wells.

[Amended 3-24-2003 by Ord. No. BH:1-2003]
A. 
No individual water supply system shall be constructed upon a property for which service is available from a public water supply system approved by the New Jersey Department of Environment Protection and Energy, holding a franchise and subject to regulations by the New Jersey Board of Regulatory Commissioners. Public water system service shall be considered to be available to a property if the property is located within the franchise area of a public water supply and any portion of the property is within 100 feet of an existing water service line of the system, provided, however, that the public water system service shall not be considered to be available unless connection can be legally made and can be accomplished without blasting bedrock, without the need for the acquisition of an easement or right-of-way across adjoining property, and without crossing a watercourse, major highway or other significant obstacle.
B. 
Notwithstanding the provisions of Subsection A above, a person may maintain a well that is not part of an individual water supply system, i.e., for irrigation, recreation and nonpotable purposes under the following conditions: In the case of a property connected to a public water supply on or before the effective date of this section, each well shall be reconfigured such that the casing thereof is above grade by a minimum of 12 inches and capped according to code no later than December 31, 2003. In the case of any property connection to a public water supply system after the effective date of this section, the existing well shall be configured such that the casing thereof is above grade by a minimum of 12 inches and capped according to code within six months of the date of connection of the property to the public water supply system. All such wells must also comply with the minimum separation distances from underground sanitary disposal systems, dry wells, adjoining sanitary disposal systems and adjoining wells. In the case of the construction of a newly permitted well, to be used for nonpotable water supply, any such well must comply with all local regulations governing water quality and the separation requirements between the subject well and sanitary disposal systems, dry wells, adjoining sanitary disposal systems and adjoining wells. By this section, the Board of Health intends to affirm that wells may be used for purposes other than potable water supply and also to establish requirements for such wells designed to reduce the likelihood of inadvertent contamination of aquifers and other water bearing strata.
[Amended 10-27-2003 by Ord. No. BH:2-2003]
C. 
A person failing to comply with the terms and conditions of this section shall be subject to the penalties set forth in § 397-17, unless such person shall, within 30 days of receipt of written notice from the Board of Health of the Township of Mendham, cause such well to be properly abandoned in compliance with all applicable state standards.
D. 
Any person, individual or entity who shall be required to abandon an individual water supply system within the Township of Mendham or who shall desire to maintain an individual water supply system in the Township of Mendham which system shall not be used for potable water supply shall make application to the Board of Health of the Township of Mendham on a form furnished by the Board of Health for such purpose and shall, at the time of said application pay the sum as provided in Chapter 361, Fees, to the Township of Mendham to cover the costs of application and inspection. The failure to make application and pay the required fee within the required time frame set forth in Subsections B and C above shall constitute a violation of this section pursuant to Subsection C.
[Added 11-22-2004 by Ord. No. BH:1-2004[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).

§ 397-3 Applicability of state standards.

The regulations promulgated by the State Commissioner of the Department of Environmental Protection and known as Standards for the Construction of Public Non-Community and Non-Public Water Systems (1988), N.J.A.C. 7:10-12.1 and following, are of full force and effect in the Township of Mendham. In addition thereto, the regulations set forth in this section shall be complied with.
A. 
Location of wells.
(1) 
Every well shall be located at least 75 feet from any property line and at a higher elevation than any individual subsurface sewage disposal system serving the same property, unless site conditions peculiar to a property render either or both of such requirements unreasonable.
(2) 
Whenever an application to the Board for a permit to install an individual water supply system proposes a well closer than 75 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 requested, 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 subsection.
B. 
Storage of water. Water shall be stored only in impervious tanks protected against surface drainage. All tanks shall be provided with watertight covers and any overflow or ventilation openings shall be covered with a metallic screen of not less than 16 mesh to prevent the entrance of insects and vermin. No storage tank shall have a drainage connection directly to a sewer.
C. 
Distribution system.
(1) 
When potable and nonpotable water are used on the same premises or where other piping systems are present each piping system shall be identified as follows:
(a) 
Potable water piping systems shall be identified by solid green color bands, painted at conspicuous places throughout the piping system.
(b) 
Nonpotable water and other piping systems shall be identified by color banding in accordance with the "American Standard Scheme for Identification of Piping Systems" published by the American Society of Mechanical Engineers, 29 West 39th Street, New York, NY (ASA-A13.1-1956), except that where solid green banding is recommended, an additional color stripe shall be employed.
(2) 
Each and every outlet of a nonpotable water supply shall be conspicuously identified by the posting and maintaining of a permanent sign or notice reading "Not for Drinking or Culinary Purposes."
(3) 
Water from approved potable water supplies, nonpotable water supplies or water supplies from a private source acceptable to the Board of Health shall be distributed through piping systems entirely independent of each other. Cross-connections or physical connections between an approved public potable water supply and an unapproved water supply are prohibited. Individual or semipublic water supplies acceptable to the Board of Health shall not be physically cross-connected to water supplies not having such acceptance.

§ 397-4 Permits and certificates of compliance.

A. 
Permit required for construction, alteration or repair of individual water supply system. No person shall locate, construct, alter or repair an individual water supply system until the Board of Health shall have issued a permit therefor after application to the Board.
B. 
Certificate of compliance required for operation of individual water supply system. No new, altered or repaired individual water supply system shall be placed in operation until the Board of Health shall have issued a certificate of compliance with respect to such system. No certificate shall be issued for a new individual water supply system unless:
(1) 
The inspections required by § 397-8 have been made by a duly authorized representative of the Board;
(2) 
Evidence has been provided to the Board establishing that the standards of § 397-9 as to system yield and water quality have been met; and
(3) 
The Board of Health has been furnished with an as-built plan of the system showing, among other details, the exact location of any well in relation to the foundation of the building served by the system.

§ 397-5 Exceptions.

No employee of the Board of Health shall have any authority to make exceptions to the requirements established by Standards for the Construction of Public Non-Community and Non-Public Water Systems (1988), N.J.A.C. 7:10-12.1 and following, or the standards established by this chapter.

§ 397-6 Applications.

[Amended 2-22-1999 by Ord. No. BH:1-1999]
A. 
Application to be made on Board of Health form. All applications for permits required by § 397-4A shall be made upon forms to be supplied by the Board of Health for that purpose. A separate application shall be filed and a separate permit shall be issued for each system.
B. 
Application requirements. Every application for a permit shall contain, in addition to the information required by the Realty Improvement Sewerage and Facilities Act (1954) and Standards for the Construction of Public Non-Community and Non-Public Water Systems (1988), a statement that the location and design of the proposed system, alteration or other work are in compliance with the Act and standards and any higher standards prescribed by this chapter.
C. 
Certain applications to be acted upon by Board of Health Engineer and Licensed Health Officer. A permit to construct, alter or repair an individual water supply system which is, in all respects, in compliance with the provisions of this chapter and all applicable New Jersey statutes and regulations may be issued by the Secretary to the Board of Health following review and approval by the Board of Health Engineer and the Health Officer, without the necessity of a public hearing before the Board of Health.
D. 
Application submission. An application requiring action by the Board of Health at a public meeting shall be submitted to the Board of Health at least 10 days prior to the Board of Health meeting at which consideration is desired. This requirement shall not apply to emergency alterations or repair work performed pursuant to § 397-7.
E. 
Review of application. Before approval by the Board of Health, every application shall be reviewed and reported upon to the Board by one of the following qualified persons:
(1) 
A registered environmental specialist serving the Board;
(2) 
A professional engineer serving the Board; or
(3) 
A licensed health officer serving the Board.

§ 397-7 Emergency alterations and repairs.

A. 
In the event that a duly authorized representative of the Board of Health shall determine that the condition of an existing individual water supply system constitutes a substantial threat to the public health and that correction of the condition should not await action on an application for alteration or repair at a meeting of the Board of Health, then the application shall be acted upon by such duly authorized representative of the Board. When the plan for the alteration or repair shall be approved by the duly authorized representative, he shall arrange for the issuance by the Board of a permit for the alteration or repair work. All work and any new components which are installed shall meet the applicable standards for new systems. Should conditions require any deviation from applicable standards, the duly authorized representative of the Board shall specify the deviation in his report to the Board at its next meeting and shall provide the reasons justifying the deviation.
B. 
The duly authorized representative of the Board may allow the use of an altered or repaired individual water supply system pending the issuance of a certificate of compliance by the Board of Health.
C. 
In the event that the records of the Board do not include a design plan of the system, then the duly authorized representative shall include in his report to the Board such information, including the location and design of the system and its component parts, as may be acquired in connection with the inspection and approval of the alteration or work.

§ 397-8 Inspection of work.

A. 
General.
(1) 
A duly authorized representative of the Board of Health shall make sufficient inspections during the construction, alteration or repair of an individual water supply system to determine compliance with the terms of the permit issued therefor. The Board of Health shall be notified at least 24 hours prior to the commencement of work on any such system so that appropriate inspections may be made.
(2) 
In any event, a duly authorized representative of the Board of Health shall be present:
(a) 
When the well casing is being installed and grouted; and
(b) 
When a pitless well installation is being made.
(3) 
The hole for a pitless well adapter shall be drilled in the casing and shall not be burned.
B. 
Tests. The Board of Health may test in an appropriate manner any materials, construction, products or units comprising any part of any individual water supply system in order to determine compliance with applicable requirements of state laws and standards and the provisions of this chapter.
C. 
Stoppage of work. The Board of Health may order all work in and about any individual water supply system which is being installed, altered or repaired in violation of the Realty Improvement Sewerage and Facilities Act (1954), Standards for the Construction of Standards for the Construction of Public Non-Community and Non-Public Water Systems (1988), the approved plan for the system, any terms and conditions of approval, or any provision of this chapter to be stopped forthwith, except such work as shall be necessary to remedy the violation, and thereafter to continue the work without any violation, and after issuance of any such order and the service of a copy thereof upon any person connected with or working in and about the erection, installation or alteration of any such water supply system, or any part thereof, no further work shall be done thereon except as aforesaid.

§ 397-9 Requirements as to yield and water quality.

Prior to the issuance of a certificate of compliance for a new individual water supply system, the Board shall be provided with reports of tests establishing that the system as constructed will meet the following requirements:
A. 
Yield.
(1) 
The system shall yield not less than five gallons per minute.
(2) 
The yield shall be determined through the use of a four-hour pumping test performed by the well driller. The test shall show static level and drawdown during the pumping test and recovery time to static level.
(3) 
The well driller shall certify a detailed report on the testing to the Board of Health on forms supplied by the Board for that purpose.
B. 
Water quality.
(1) 
The water produced by the individual water supply system shall meet the following water quality standards:
Item
Standard
Bacteria
Total coliform
None detected
Chemistry
Fluoride
2.0 mg/l maximum
Nitrate
10.0 mg/l as N maximum
Turbidity
1 turbidity unit (TU) maximum
pH
6.5 minimum to 8.5 maximum
Hardness
50 mg/l minimum*
NOTE:
*
Whenever hardness exceeds 250 mg/l, it may be desirable to undertake corrective action.
(2) 
A test of corrosivity shall also be conducted and the results thereof reported to the Board of Health.
Metals - Atomic Absorption
Arsenic
0.03 mg/l maximum
Barium
1.00 mg/l maximum
Cadmium
0.005 mg/l maximum
Chromium
0.05 mg/l maximum
Iron
0.30 mg/l maximum
Lead
0.015 mg/l maximum
Manganese
0.05 mg/l maximum
Mercury
0.002 mg/l maximum
Selenium
0.05 mg/l maximum
Silver
0.05 mg/l maximum
Volatile Organics
Chemical scan
If positive, tests shall be made for specific chemicals, none of which shall exceed state maximum contaminate levels
(3) 
Compliance with the foregoing water quality standards shall be determined on the basis of a report from a state certified laboratory. Arrangements for water sampling and testing shall be made by the owner of the property upon which the individual water supply system is located. Such person shall pay the costs of water sampling and testing directly to the certified laboratory. The Board of Health shall be satisfied that each water sample reported upon was taken by the certified laboratory and remained in the custody of the certified laboratory until the completion of the water quality tests subject of the report.
(4) 
Whenever a certificate of compliance shall be issued for a new individual water supply system, the Board of Health shall forward to the occupant of the property upon which the system is located a statement advising such occupant that the character of water produced by a new well may change after the well has been in use for several months, and that, for this reason, it would be desirable to have the water tested after six months of well use as to pH, corrosivity, hardness, manganese and iron so that consideration may be given to the correction of any deviations from standards applicable to the foregoing.
(5) 
Whenever the report of a test of water quality indicates that corrosivity is more or less than 1.0 of optimum pH as determined by the Langlier Index, the certificate of compliance shall bear the following notation:
"The laboratory analysis revealed that the water serving the subject dwelling falls outside of state-recommended limits for corrosivity.
"Corrosive water can lead to the deterioration of metal pipes and water-related appliances. The water may also liberate toxic metals, such as lead and copper, from the water system.
"To protect the water supply system from damage and to prevent the ingestion of metals, we recommend that a neutralizer be installed and properly maintained. Meanwhile, we suggest that you run the water each morning, before use, long enough to flush out the water that was standing in the pipes overnight."

§ 397-10 Water filtration or treatment equipment.

[Amended by Ord. No. BH:4-1995]
In the event that any water filtration or treatment equipment is installed in order that the water from the well of the individual water supply system will meet the quality standards set forth either in § 397-9 for a new system or in § 397-13 for an existing system, the filtration or treatment equipment shall be installed at the point of entry to the structure so that all water piped throughout the building will meet the applicable standards.

§ 397-11 Other water quality tests.

The Board of Health may take and test samples of water from any individual water supply system whenever the Board has reason to believe that the water supplied by the system fails to meet applicable potable water standards. In the event that a sample does not meet such standards, the Board of Health may order that the use of the individual water supply system from which the sample was taken shall be immediately terminated.

§ 397-12 Subdivision and site plan reviews.

A. 
In order to satisfy the requirements of state law and the provisions of Chapter XVI, Subdivision and Site Plan Review, of the Ordinances of the Township of Mendham, the Board of Health shall review and approve the plans for any individual water supply system proposed to serve any lot in any proposed subdivision or any lot shown upon any site plan application.
B. 
The Board of Health shall be furnished with a map showing each lot to be served and the proposed location of the individual water supply system, the proposed location of any individual subsurface sewage disposal system and any features of the lot bearing upon the proposed location of the individual water supply system and any individual subsurface sewage disposal system.
C. 
In the event that information in the records of the Board of Health with respect to the area in which the proposed system is to be located is not sufficient to indicate the likelihood of an adequate supply of potable water from the proposed system and adequate information has not been provided by the applicant for subdivision or site plan approval, the Board may require the submission of a written report from a certified geologist setting forth the geologist's opinion as to the availability and anticipated flow of potable water from an individual water supply system to serve the lot subject of the subdivision or site plan application.
D. 
In the event that the Board of Health shall approve a plan or a revised plan for the use of any individual water supply system, the Board of Health shall adopt a resolution of approval and shall forward certified copies to the Township Planning Board and the applicant for subdivision or site plan approval.
E. 
The provisions of § 397-14 regarding technical review fees shall apply to this section.

§ 397-13 Certificate of potable water supply upon resale of developed property.

A. 
Title to any property which includes a previously occupied single-family dwelling served by an existing individual water supply system shall not be transferred unless and until the Board of Health has issued a certificate of potable water supply from the individual water supply system serving the property. Such certificate shall be applied for and issued in accordance with the provisions of this section. The requirement for such certificate shall be noted upon all tax searches issued by the Tax Collector of the Township.
B. 
An application for a certificate of potable water supply from an individual water supply system shall be made upon a form provided by the Board of Health for such purpose.
C. 
The Board of Health shall issue a certificate of potable water supply for an individual water supply system in the event that water currently supplied by the system has been sampled and tested by a certified laboratory and the Board of Health is provided with a report from the certified laboratory stating that the water meets the following standards:
Item
Standard
Bacteria
Total coliform
None detected
Chemistry
Fluoride
2.0 mg/l maximum
Nitrate
10.0 mg/l as N maximum
pH
6.5 minimum to 8.5 maximum
Hardness
50 mg/l minimum*
NOTE:
*
Whenever hardness exceeds 250 mg/l, it may be desirable to undertake corrective action.
D. 
A test of corrosivity shall also be conducted and the results thereof reported to the Board of Health.
Item
Standard
Metals — Atomic Absorption
Lead
0.015 mg/l maximum
Volatile organics
Chemical scan
If positive, tests shall be made for specific chemicals, none of which shall exceed state maximum contaminate levels
E. 
Arrangements for water sampling and testing shall be made by the person filing the application for a certificate of potable water supply from the individual water supply system. Such applicant shall also pay the costs of water sampling and testing directly to the certified laboratory. The Board of Health shall be satisfied that each water sample reported upon was taken by the certified laboratory and remained in the custody of the certified laboratory until the completion of the water quality tests subject of the report.
F. 
A certificate of potable water supply from an individual water supply system shall remain effective for purposes of meeting the requirements of this section for eight months from the date of the water sample or a period of six months from the date of issuance of the certificate, whichever shall first occur. In the event that a transfer of title to the subject property is not made within such period, a new certificate shall be applied for and obtained before title is transferred.
G. 
In the event that any water filtration or treatment equipment is installed in order that the water from the well of the individual water supply system will meet the quality standards set forth in this section, the filtration or treatment equipment shall be installed at the point of entry to the structure so that all water piped through the building will meet the applicable standards.
H. 
Whenever the report of a test of water quality indicates that corrosivity is more or less than 1.0 of optimum pH as determined by the Langlier Index, the certificate of potability shall bear the following notation:
"The laboratory analysis revealed that the water serving the subject dwelling falls outside of state-recommended limits for corrosivity.
"Corrosive water can lead to the deterioration of metal pipes and water related appliances. The water may also liberate toxic metals, such as lead and copper, from the water system.
"To protect the water supply system from damage and to prevent the ingestion of metals, we recommend that a neutralizer be installed and properly maintained. Meanwhile, we suggest that you run the water each morning, before use, long enough to flush out the water that was standing in the pipes overnight."

§ 397-14 Fees.

The following fees shall be paid to the Township:
A. 
Application filing fees.
[Amended 5-21-2002 by Ord. No. BH:1-2002]
(1) 
For filing an application and plans for a permit to install a new individual water supply system, refer to current fee schedule.[1]
[1]
Editor's Note: See Ch. 361, Fees.
(2) 
For filing an application and plans for a permit to alter an individual water supply system, refer to current fee schedule.
(3) 
For filing an application for a permit to repair an individual water supply system, refer to current fee schedule.
(4) 
For filing an application for certificate of portable of potable water supply from an individual water supply system as required by § 397-13, refer to current fee schedule.
(5) 
Every application fee shall be paid upon the submission of the application, and no action shall be taken by the Board of Health upon an application until the required fee has been paid.
(6) 
The foregoing application fees shall cover the issuance of any required permits and certificates, but shall not cover any technical reviews of applications or any necessary reinspections of work performed.
B. 
Reinspection fees. For each reinspection of an individual water supply system, or of any part of any such system, required by failure to locate or construct or alter the system in accordance with applicable requirements, a fee per reinspection as provided in Chapter 361, Fees. The required fee shall be paid prior to the time of reinspection.[2]
[2]
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. 
Technical review fees.
(1) 
In addition to any application filing fee, an applicant shall pay a fee equal to the costs incurred by the Board of Health for any technical review of the application by a consulting engineer engaged by the Board in the event that the Board determines that it requires the review, study, research, report and/or testimony of such expert in order to assure that the proposed new or altered system will be in compliance with state and Township laws, ordinances, rules, and regulations.
(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 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. In no event shall a certificate of compliance be issued for a system until all technical review fees with respect to the application therefor have been paid.
(4) 
Whenever an application is subject to technical review, the applicant shall make an initial deposit for technical review fees in the amount as provided in Chapter 361, Fees. 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.[3]
[3]
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).
(5) 
Any applicant questioning the amount of a technical review fee shall be entitled to inspect all of the records of the Board of Health with respect thereto, and if the applicant so requests in writing, the Board shall hold a hearing with respect thereto at the next regular meeting of the Board. After such hearing, the Board shall affirm or modify the amount of the technical review fee by resolution adopted by a majority of the full membership of the Board, which resolution shall include findings of fact and conclusions.

§ 397-15 Expiration of permits.

[Amended 5-22-2000 by Ord. No. BH:1-2000]
A. 
Every permit to install a new individual water supply system shall expire one year after the first business day following approval of the application (the date of issuance), unless prior to that time, construction of the realty improvement with respect to which the permit was issued shall have been commenced, in which event the permit shall remain valid and in effect for a period of two years from the date of issuance.
B. 
The Board of Health may in its discretion renew a permit which has expired under the provisions of this section. The renewal shall be subject to the provisions of this section. A fee as provided in Chapter 361, Fees, shall be charged for the renewal of a permit.[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).

§ 397-16 Right of appeal.

Any person aggrieved a denial of any permit or certification required by this chapter or by any order or other dispositive determination of the Board of Health with respect to an individual water supply system shall be entitled to a hearing thereon before the Board of Health within 15 days after written request therefor is made by the person claiming to be adversely affected. Upon such hearing or within 15 days thereafter, the Board shall affirm, alter or rescind the previous action with written findings and conclusions.

§ 397-17 Violations and penalties.

Any person who shall violate any provision of this chapter or any order of the Board of Health issued pursuant to this chapter shall be subject to a fine of not more than $200 and not less than $5 for each offense. This penalty provision shall not apply to violations of the Realty Improvement Sewerage and Facilities Act (1954) for which a penalty provision is set forth in N.J.S.A. 58:11-39.