[Ord. No. #2018-1679, adopted
January 29, 2018; Ord. #02-1268; Ord. #03-1295, § 1; Ord.
#04-1326, § 1; Ord. #05-1359, § II; Ord. #05-1360,
§ I; Ord. #05-1361, § II; Ord. #09-1484; Ord. No. 2016-1645; Ord.
No. 2017-1666; Ord. No. 2017-1669; Ord. No. 2017-1671; Ord. No. 2017-1672; Ord.
No. 2018-1679; Ord. No. 2018-1687]
a.
Map Adopted. The township is divided into zoning districts as shown
on the official zoning map, which has been adopted as part of this
chapter.[1]
[1]
Editor's Note: The zoning map referred to herein is included as an attachment to this chapter as Appendix B. Historic Landmarks are designated in Subsection 17-244.4
b.
Map Amendments.[2]
1.
This zoning map was amended to indicate an extension of the HBO-G
District in October 1991.
2.
This zoning map was amended January 1995 to provide for the extension
of the R-5 District.
3.
This zoning map was amended October 17, 1996 (Ord. #96-1049) to enlarge
the R-100 District to abut Route 31 in the area northwest of Pennington
Borough.
4.
This zoning map was amended April 21, 1997 (Ord. #97-1068), extending
the boundary of the HBO District to include all of Lot 6.09 in Block
32.
5.
This zoning map was amended August 4, 1997 (Ord. #97-1073), so as
to include Lot 6 in Block 85 within the C-1-G District.
6.
This zoning map was amended November 3, 1997 (Ord. #97-1084), to
indicate an extension of the HBO-G District October 1991 and further
amended to add a new R-6 District in October 1997.
7.
This zoning map was amended 12-1-1997 (Ord. #97-1089) so that "SC"
District is hereby extended to include Lot 8, Block 66.
8.
This zoning map was amended 7-6-2000 (Ord. #00-1154) to substitute
the MC-Mountain Conservation District for the R-250 District, to substitute
the VA- Valley Agricultural District for the R-200 and R-200-G Districts
and the OP Office Park District for the IOP and IOP-G Districts.
9.
The zoning map was amended 9-20-2001 (Ord. #01-1206) to redesignate
each and every R-250 District to the MC-Mountain Conservation District
and redesignate each and every R-200 and R-200-G District to the VA-Valley
Agriculture District.
10.
The zoning map was amended 9-20-2001 (Ord. #01-1207) as follows:[3]
(a)
The OP-Office Park Zoning District is hereby established in
the Township of Hopewell.
(b)
The official zoning map of the Township of Hopewell is hereby
amended in order to delete those properties identified on the attached
Schedule A-1 from the IOP Zoning District and to include said properties
in the SC Zoning District.
(c)
The official zoning map of the Township of Hopewell is hereby
further amended in order to delete those properties identified on
the attached Schedule A-2 from the IOP-G Zoning District and to include
said properties in the OP Zoning District.
(d)
The official zoning map of the Township of Hopewell is hereby
further amended in order to delete those properties identified on
the attached Schedule A-3 from the IOP-G Zoning District and to include
said properties in the VA Zoning District.
(e)
The official zoning map of the Township of Hopewell is hereby
further amended in order to delete those properties identified on
the attached Schedule A-4 from the IOP Zoning District and to include
said properties in the VA Zoning District.
(f)
The official zoning map of the Township of Hopewell is hereby
further amended in order to delete those properties identified on
the attached Schedule A-5 from the IOP Zoning District and to include
said properties in the VA Zoning District.
(g)
The official zoning map of the Township of Hopewell is hereby
further amended in order to delete those properties identified on
the attached Schedule A-6 from the HBO Zoning District and to include
said properties in the VA Zoning District.
[3]
Editor's Note: The schedules referred to herein are included as attachments to this chapter in Appendix C.
11.
The zoning map was amended 9-20-2001 (Ord. #01-1208) as follows:
(a)
The official zoning map of the Township of Hopewell is hereby
amended in order to delete those properties identified on the attached
Schedule B-1 from the IOP-G Zoning District and to include said properties
in the SI Zoning District.
(b)
The official zoning map of the Township of Hopewell is hereby
further amended in order to delete those properties identified on
the attached Schedule B-2 from the SI-G Zoning District and to include
said properties in the SI Zoning District.
12.
The official zoning map of the Township of Hopewell was amended December
19, 2002.
13.
The official zoning map of the Township of Hopewell is hereby clarified
to delete thereon any designation of the proposed Traditional Neighborhood
District (TND).
14.
The Official Zoning Map of the Township of Hopewell is hereby amended
in order to delete those properties identified on the attached Schedule
"A-7"1 from the "VRC" Zoning District and
to include said properties in the "OP" Zoning District.
15.
The zoning map was amended 11-14-2005 (Ord. #05-1359) to designate
the new OLI District as depicted on the attached map amendment.
16.
The zoning map was amended 11-14-2005 (Ord. #05-1360) to add a part
of Lot 19, Block 49 to the C-1, Neighborhood Retail Commercial District,
as depicted on the attached zoning map amendment.
17.
The zoning map was amended 11-14-2005 (Ord. #05-1361) to designate
the new VRC-HLI District as depicted on the attached map amendment.
18.
Zoning Map Amendment, Extension of R-5 District, January, 1995, was
adopted 11-23-2009 (Ord. #09-1484) thereby revising the zoning map
of the Township of Hopewell so as to include the property known as
Lot 10.04, Block 78, in the R-5 Zoning District.
19.
The official zoning map of the Township of Hopewell was amended on
November 14, 2016 (Ord. No. 2016-1645) to designate Block 33, Lots
1.021 and 1.022 as the Pennytown Redevelopment Area pursuant to N.J.S.A.
40A:12A-7.c.
20.
The official zoning map of the Township of Hopewell was amended on
October 23, 2017 to designate Block 78.09, Lot 21 as the Woodmont
Redevelopment Area pursuant to N.J.S.A. 40A:12A-7.c.
21.
The official zoning map of the Township of Hopewell was amended on
November 27, 2017 to designate Block 78, Lot 17 within the Inclusionary
Multi-Family - 1 Zone (IMF-1).
22.
The official zoning map of the Township of Hopewell was amended on
November 27, 2017 to designate Block 85, Lots 3, 4, 5.01, 7 and 24
known as the Zaitz Redevelopment Area pursuant to N.J.S.A. 40A:12A-7.c.
23.
CF Hopewell Redevelopment Area.
(a)
The official zoning map of the Township of Hopewell was amended
on November 27, 2017 to designate Block 91, Lots 3.11, 3.14, 3.161,
3.181, 3.191, 3.22, 3.95 and 3.961 and Block 93, Lots 3.01, 5.01 and
6.01 known as the CF Hopewell Redevelopment Area pursuant to N.J.S.A.
40A:12A-7.c.
(b)
The official zoning map of the Township of Hopewell was amended
on January 29, 2018 (such date being the date of the final passage
of this Ordinance No. 2018-1679) to designate Block 91, Lots 3.11,
3.14, 3.161, 3.181, 3.191, 3.22, 3.95 and 3.961 and Block 93, Lots
3.01, 5.01 5.02 and 6.01 known as the CF Hopewell Redevelopment Area
pursuant to N.J.S.A. 40A:12A-7.c.
24.
The official zoning map of the Township of Hopewell was amended on
March 26, 2018 (such date being the date of the final passage of this
Ordinance #18-1687) to designate Block 85, Lot 30 and Block 86, Lots
32, 33, 34 and 130 in the Zaitz Redevelopment Area pursuant to N.J.S.A.
40A:12A-7.c.
[2]
Editor's Note: The map amendments referred to herein are included as an attachment to this chapter in Appendix C.
Zoning district lines are intended to follow street centerlines,
streams, and lot lines unless specific dimensions are indicated. Dimensions
are in feet, measured horizontally and measured from the nearer street
right-of-way line (even if the centerline of that street serves as
a zoning district line). The location of any disputed zoning district
line shall be determined by the board of adjustment. Where a street
serves as a zoning district line and it is lawfully vacated, the former
centerline shall be considered the zoning district line.
In their interpretation and application, the provisions of this
chapter shall be construed to set forth the minimum requirements which
will, in accordance with present and future needs, best promote the
health, safety, morals, order, convenience, prosperity and general
welfare, as well as efficiency and economy in the process of development
and the maintenance of property values previously established. It
is not the intent of this chapter to change or annul any existing
or future easements, reverters, or other restrictive covenants affecting
the use or design of land or structures within the township; provided,
however, that where this chapter imposes a greater restriction upon
the use or design of land or structures, or requires larger yards,
courts, or open spaces than are required in such covenants, the provisions
of this chapter shall apply. In the event of conflict among provisions
of this chapter, the specific provisions shall take precedence over
the general provisions and, in any event, the most restrictive of
conflicting provisions shall apply.
No structure shall hereafter be erected, constructed or used
and no existing structure shall be reconstructed, altered, repaired,
converted, moved or used, nor shall any land be occupied or used,
nor shall any open space contiguous to any structure, be encroached
upon or reduced, except in conformity with the regulations established
by this chapter for the district in which such structure, land or
open space is located.
[Amended 8-16-2021 by Ord. No. 21-1758]
a.
All principal uses which are not expressly permitted by the terms of this chapter are prohibited, except as provided in § 17-143.
b.
For the
purposes of P.L. 2021, c. 16 (New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act),[1] cannabis wholesalers and distributors, as said terms are
defined in Section 3 of P.L. 2021, c. 16,[2] shall be prohibited uses in all zones in the municipality.
[Amended 9-13-2021 by Ord. No. 21-1760; 4-18-2022 by Ord. No. 22-1770]
All uses structures and lots legally in existence January 1,
1979 may be continued even though they do not conform to the applicable
requirements of this chapter. Any nonconforming structure may be restored
or repaired in the event of partial destruction. No nonconforming
use shall be enlarged in extent or changed in character to other than
a conforming use and no nonconforming structure shall be reconstructed,
altered, converted or added to, so as to enlarge the nature or degree
of nonconformity. Construction of any structure on a vacant lot which
is not in compliance with the standards set by the present ordinance
shall be deemed to constitute an enlargement of the nature or degree
of nonconformity and is not allowed under this article unless in accordance
with paragraph d.
a.
Abandonment. Whenever a nonconforming use is terminated or abandoned,
it may not be resumed. If a nonconforming use is not actively pursued
for a period exceeding one year, it shall be conclusively presumed
to have been abandoned. Whenever a nonconforming structure is abandoned,
it may not be repaired, reconstructed, altered, converted or used
thereafter except in compliance with this chapter. If a nonconforming
structure is partially destroyed by fire or other casualty, and remains
unrepaired or unused for a period exceeding one year, it shall be
conclusively presumed to have been abandoned.
b.
Merger of Existing Contiguous Nonconforming Lots. Any two or more
contiguous lots of record which are in the same ownership on January
1, 1979 and which do not conform to the provisions of this chapter,
or to any amendments hereof, shall be deemed to be merged into a single
undivided parcel.
c.
Zoning Changes. If any changes to zoning requirements render any use, structure or lot nonconforming, the provisions of this section 17-143 shall apply to such nonconformity.
d.
Subdivision, Site Plans and Building Permits Previously Approved and Issued. Section 17-143 shall not be applicable to any subdivision or site plan which was duly approved prior to its enactment, during those periods provided for by section 17-21 and/or section 17-43. Also this section 17-143 shall not be applicable to any construction covered by a building permit which was duly issued prior to the enactment of such section for a period of one year following such enactment or the period for which the building permit or renewal thereof remains in effect.
e.
Enlargement of Nonconforming Residential Structures in Residential
Zones.
1.
Any single family dwelling may be enlarged, even though the structure
may be on a nonconforming lot, or the existing structure on the lot
may have one or more dimensional violations. Such enlargement shall
be permitted without an appeal to the approving authority provided:
(a)
Such enlargement, extension or increase by itself conforms with
the use requirements of the zoning ordinance and does not increase
the nonconformity of the existing dimensional setback violations;
and
(b)
The area of such enlargement, extension or increase when aggregated
with the area of the existing building, does not exceed the maximum
lot coverage standard permitted in that zone.
2.
No accessory building may be added to a nonconforming building except
that, in residential zones, an accessory building may be added to
a nonconforming single family dwelling or a single family dwelling
on a nonconforming lot provided that:
Any accessory building attached to a principal building is part of the principal building and shall adhere to the yard requirements for the principal building. Unless otherwise specified in Article IX, detached residential accessory buildings shall be permitted only in side and rear yards and shall have side yard and rear yard setback requirements equivalent to one-half those required for principal buildings.
A single family dwelling in existence in any residential district
on January 1, 1979 may be converted into and used as a two-family
dwelling provided that:
a.
The legal and beneficial owner or owners of all of the interest in
the premises actually reside there, as their principal residence;
b.
The required off-street parking is provided;
c.
The construction official determines that each dwelling unit contains
sufficient space for all proposed occupants.
d.
The department of health determines that the well is capable of providing
adequate potable water supply for all residents;
e.
The department of health determines that the septic system or other
sewage disposal facilities are adequate for all proposed residents;
f.
The owners of the structure file appropriate forms and certificates
with the township administrator and obtain township approval (based
on compliance with the provisions of this chapter) prior to the conversion;
g.
Two-family occupancy is authorized for one year following township
approval of the conversion; authorization may then be obtained annually,
upon filing of appropriate forms and certificates and township approval
issued by the township administrator (based upon continuing compliance
with the provisions of this chapter).
Whenever a pattern of existing building setbacks or front yards
is established, on the same side of a street, which is larger than
the front yard requirement by this chapter, no new building shall
be constructed closer to the street than the established pattern.
As proof of a pattern of setbacks there must be located at least five
buildings in a 1,000 foot row. Proof of the existence of such a pattern
and compliance with this requirement is the responsibility of the
applicant.
[Ord. #93-962, § 1]
Farms and other agricultural uses are permitted as principal uses in all districts. Barns, silos, tool sheds, fences, walls and other facilities which are customary for agricultural pursuits are permitted as accessory uses. Fences permitted herein may be up to eight feet in height where such fences enclose or protect actively farmed areas. Such fences must conform to the sight line requirements of section 17-105 (sight triangles) and section 17-83d (driveways). One horse may be kept or raised only on a lot of three acres or larger, and for each additional horse, one additional acre shall be required. These regulations apply only to lots under 10 acres. Cattle, sheep and other livestock may be kept or raised only on lots of five acres or larger. Paddock holding or feeding lots, animals shelters, barns or pens shall not be closer than 100 feet of any adjacent property line in any residential district.
[Ord. #00-1162, § 1; Ord. #07-1417, § I]
a.
Purpose. The purpose of this section is to provide sound land use
policies, procedures, and regulations for the location and placement
of communications and wireless telecommunications, towers, antennas,
facilities and equipment within the Township of Hopewell in order
to protect the community from the visual and other adverse impacts
of same and to preserve the scenic and historic character of the countryside
that the Hopewell Township Master Plan seeks to protect. This section
seeks to meet the mandate of the Telecommunications Act of 1996, and
at the same time, without limiting the generality of the foregoing,
to:
1.
Protect residential areas and land uses from the potential adverse
impacts of towers and related structures;
2.
Encourage the location of towers in nonresidential areas and along
major transportation corridors;
3.
Minimize the total number of towers throughout the community;
4.
Strongly encourage the joint use of new and existing tower sites,
and other existing structures, as primary options rather than construction
of additional single-use towers;
5.
Encourage users of towers and antennas to locate them, to the extent
possible, in areas where the adverse impact on the community is minimal;
6.
Encourage users of towers and antennas to configure them in a way
that minimizes the adverse visual impact of the towers and antennas
through careful design, siting, landscape, screening and innovative
camouflaging techniques;
7.
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively and
efficiently;
8.
Consider the public health and safety of communications towers; and,
9.
Avoid potential damage to adjacent properties from tower failure
through proper engineering and careful siting of tower structures.
10.
So that the township committee can be provided with the most up to
date information regarding communication towers and antennas, the
township committee requests the zoning board of adjustment and the
planning board to provide it with annual reports regarding the operation
of this section.
b.
General Requirements.
1.
Communications Towers. Communications towers, including, but not
limited to, broadcast facilities, fleet dispatch, aircraft communication,
and cellular communications shall be permitted as a conditional use
in any nonresidential zone district. No communications towers shall
be permitted in any residential zone district.
(a)
The following conditions shall be met for any communications
tower:
(1)
The applicant shall first demonstrate that no other existing
tower or structure may be used for the subject application. Such demonstration
may include but not be limited to expert reports and responses to
bona fide inquiries to owners of existing towers or structures concerning
the availability of space.
(2)
The maximum height of the communications tower shall be 150
feet.
(3)
The communications tower shall be set back from any property
line a minimum distance equivalent to either the minimum front yard
setback required in the zoning district in which the tower is located
or 110% of the height of the tower, whichever is greater.
(4)
The minimum lot size shall be equivalent to either the minimum
lot size required in the zoning district in which the tower is located
or 2.5 acres, whichever is greater.
(5)
Any communications tower shall comply with the promulgated radiation
emissions standards of the F.C.C.
(6)
Notwithstanding any other provision to the contrary, no communications
tower shall be located in an historic district or on an historic site,
not located in an historic district, which meets Federal, State or
local requirements for historic designation.
(b)
Any communications tower that meets the conditional use standards
set forth above shall also conform to the following bulk standards:
(1)
The communications tower shall be set back from any residence
a minimum of 500 feet.
(2)
To the extent feasible, communications towers shall be painted
or disguised to minimize contrast with the natural environment.
(3)
Accessory structures or buildings for equipment not exceeding
300 square feet in area and 12 feet in height shall be permitted.
(4)
The communications tower and any accessory structures or buildings
for equipment shall be enclosed within a solid wooden fence at least
seven feet and no more than eight feet high, as approved by the township
engineer, which shall include a locking security gate.
(5)
A visually impervious landscape buffer shall be installed outside
the fence around the communications equipment compound, to shield
completely from public view, the base of the tower, any accessory
structures or buildings and parking. The landscape buffer shall be
20 feet in width and shall include native evergreen and deciduous
trees at least eight feet high at the time of planting, and the number
of trees shall be based on the equivalent of staggered double rows
at eight feet on center.
(6)
Any approval shall be so conditioned as to allow additional
communications operators to lease space on the subject tower.
(7)
All other applicable regulations of this section shall apply.
(c)
The communications towers and any accessory structures or buildings
are considered as a principal use. The parcel may have this use as
a second principal use.
2.
Wireless Telecommunications Antenna.
(a)
Wireless telecommunications antenna is defined as a system of
electrical conductors that transmit or receive radio frequency signals,
digital signals, analog signals, or electromagnetic waves for wireless
communications.
(b)
Notwithstanding anything in this Chapter 17 to the contrary, wireless telecommunications antennas installed on existing buildings or structures, and structures accessory to the antennas, are considered to be a permitted use in any zone, subject to site plan approval and the requirements set forth herein.
(c)
The applicant shall site new wireless antennas or equipment
within the applicant's search area according to the priority schedule
below (Number 1 constituting the highest priority). As indicated below,
every effort shall be made to locate new antennas in a nonresidential
zone, and the applicant shall demonstrate that such a location is
not available before approval is granted for antennas in a residential
zone.
|
Priority
|
Category
|
Equipment
|
Location
|
Permitted (P)
|
|---|---|---|---|---|
|
1
|
Commercial1 Transportation2
|
Antenna
|
Collocated with other antennas on existing structure or tower
within a transportation corridor
|
P
|
|
2
|
Commercial1 Transportation2
|
Antenna
|
Existing structure or tower within a transportation corridor
|
P
|
|
3
|
Commercial1
|
Antenna
|
Collocated with other antennas on existing structures or towers
|
P
|
|
4
|
Commercial1
|
Antenna
|
Existing structure or tower
|
P
|
|
5
|
Residential3 Transportation2
|
Antenna
|
Collocated with other antennas on existing structures or tower
with a transportation corridor
|
P
|
|
6
|
Residential3 Transportation2
|
Antenna
|
Existing structure or tower
|
P
|
|
7
|
Residential3
|
Antenna
|
Collocated with other antenna on existing structure or tower
|
P
|
|
8
|
Residential3
|
Antenna
|
Existing structure or tower
|
P
|
|
1"Commercial" includes the VRC-HLI,
C-1, SC, SC-1, HBO, OICC, SI, OP, OLI, IC, RO-1, RO-2, RO-3, R-6 and
Q zones
|
|
2"Transportation" means the lot has
frontage on Route 31, Route 29 or 1-95
|
|
3"Residential" includes the R-5,
R-50, R-75, R-100, R-150, VRC and MRC zones
|
(d)
Wireless telecommunications antennas shall not extend more than
10 feet from the existing building or structure on which they are
located.
(e)
Structures accessory to the antennas shall conform to the following
requirements.
(1)
The maximum size of the accessory structure shall be 300 square
feet, and the height shall not exceed 12 feet.
(2)
The accessory structure shall not extend more than 15 feet from
the existing building or structure.
(3)
The accessory structure shall meet the setback requirements
of the zoning district in which it is located.
(4)
Adequate parking shall be available.
(5)
The accessory structure shall be enclosed within a solid wooden
fence at least seven feet and no more than eight feet high, as approved
by the township engineer, which shall include a locking security gate.
(6)
A visually impervious landscape buffer shall be installed outside
the fence around the accessory structure, to shield completely the
facility from public view. The landscape buffer shall be 20 feet in
width and shall include native evergreen and deciduous trees at least
eight feet high at the time of planting, and the number of trees shall
be based on the equivalent of staggered double rows at eight feet
on center.
(7)
Notwithstanding any other provision to the contrary, no wireless
telecommunications antennas or their accessory structures shall be
located in an historic district or on an historic site, not located
in an historic district, which meets Federal, State or local requirements
for historic designation.
(8)
The wireless telecommunications antennas and their accessory
structures are considered as a principal use. The parcel may have
this use as a second principal use.
(9)
Any communications antenna shall comply with the promulgated
radiation emission standards of the F.C.C.
(f)
Platform-mounted or side-arm-mounted antennas are not permitted.
(g)
Aesthetics. Antennas shall be designed, located and screened
to blend with and into the existing natural or built surroundings
so as to minimize, without regard to cost, adverse visual impacts
through the use of color and camouflaging, architectural treatment,
landscaping, and other appropriate means which shall cause the visual
impact of such antennas to be compatible with neighboring residences
and the character of the community as a whole.
(h)
Structural safety. The applicant shall submit a report from
a qualified expert certifying that the wireless telecommunications
antenna and equipment facility comply with the latest structural and
wind-loading requirements as established by applicable building and
electrical codes. The applicant shall provide a description of the
number and type of antennas that may be accommodated and the effect
on structural integrity.
[Ord. #03-1298, § 5]
a.
Purpose and Intent. The purpose and intent of this section is to
ensure that residential development of two new lots or more and all
site plan applications demonstrate that adequate water supply is available
without adverse effect on neighboring wells and other resources including
but not limited to wetlands and streams.
b.
Applicability.
2.
Residential subdivisions of one new lot and wells installed for nonessential use must satisfy the requirements of Chapter 16, section 16-6 of the Hopewell Township Code. A tract of land exempt from these provisions because it creates only one new lot shall be entitled to this exemption only once. Uses defined as nonessential and wells defined as nonessential wells are required to satisfy the testing and analysis requirements of Chapter 16, section 16-6.
c.
Prohibition. Based on the limited groundwater resources within Hopewell
Township as outlined in M2 Associates March 2, 2001 report entitled
"Evaluation of Groundwater Resources of Hopewell Township, Mercer
County, New Jersey", no wells shall be permitted to be connected to
a permanent irrigation system except if that system is used entirely
for commercial agricultural purposes. In addition, no wells can be
used for the filling of swimming pools.
d.
ABANDONED WELL
ABANDONMENT OR DECOMMISSIONING OF A WELL
ALTER
APPLICANT
APPLICATION FOR DEVELOPMENT
APPLICATION FOR WELL PERMIT
AQUICLUDE
AQUIFER
AQUIFER TEST
AQUIFER, CONFINED
AQUIFER, PERCHED
AQUIFER, SEMI-CONFINED
AQUIFER, UNCONFINED
AQUITARD
BARRIER BOUNDARY
BUILDING LOT
COMMUNITY WATER SUPPLY SYSTEM
CONE OF DEPRESSION
CONFINING BED
DEVELOPER
DRAWDOWN
FRACTURE TRACE
GROUNDWATER
GROUNDWATER MINING
HEAD
HYDRAULIC CONDUCTIVITY
HYDRAULIC GRADIENT
HYDROGEOLOGY
INFILTRATION
INTERFLOW
IRRIGATION SYSTEM
LOCAL AGENCY
LOCAL ENFORCEMENT OFFICER
NJDEP
OBSERVATION WELL
POROSITY
POROSITY, PRIMARY
POROSITY, SECONDARY
PUMPING TEST
PUMPING TEST, CONSTANT RATE
RECHARGE AREA
RECHARGE BOUNDARY
RECHARGE, AQUIFER
RECHARGE, GROUNDWATER
RECOVERY
SATURATED ZONE
SPECIFIC CAPACITY
STATIC WATER LEVEL
STORAGE COEFFICIENT
TRANSMISSIVITY
UNSATURATED ZONE
WATER TABLE
WELL INTERFERENCE
Definitions.
Shall mean any well which is not in use, has been illegally
installed or improperly constructed, has been improperly maintained
or is damaged, has not been maintained in a condition that ensures
that the subsurface or percolation water of the State are protected
from contamination, has been replaced by another well or connection
to a public supply, is contaminated, is nonproductive, or no longer
serves its intended use pursuant to the State Act.
Shall mean the permanent closure or sealing of a well in
accordance with N.J.A.C. 7:9D-3 et seq.
Shall mean to enlarge, deepen or replace any portion of an
existing water supply system. The terms "alteration" and "altered"
shall be construed accordingly.
Shall mean a developer or property owner submitting an application
for development or permit to install or use a well.
Shall mean the application form and all accompanying documents
required by ordinance for approval of a subdivision plat, site plan,
planned development, conditional use, zoning variance, or direction
of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A.
40:55D-36.
Shall mean a low-permeability unit that forms either the
upper or lower boundary of a groundwater flow system.
Shall mean rock or sediment in a formation, group of formations,
or part of a formation which is saturated and sufficiently permeable
to transmit economic quantities of water to wells and springs.
Shall mean a three-part test conducted to obtain background,
pumping, and recovery data from a pumping well and observation wells
in order to determine aquifer characteristics and assess potential
well interference.
Shall mean an aquifer that is overlain by a confining bed.
The confining bed has a significantly lower hydraulic conductivity
than the aquifer.
Shall mean a region in the unsaturated zone where the soil
may be locally saturated because it overlies a low-permeability unit.
Shall mean an aquifer confined by a low-permeability layer
that permits water to slowly migrate through to the aquifer. Also
termed leaky artesian or leaky confined aquifer.
Shall mean an aquifer in which there are no confining beds
between the zone of saturation and the ground surface. Water-table
aquifer is a synonym.
Shall mean a low-permeability unit that can store groundwater
and also transmit water slowly from one aquifer to another.
Shall mean an aquifer-system boundary represented by a rock
mass that is not a source of water.
Shall mean a designated parcel, tract or area of land established
by plat or otherwise permitted by law, to be used, developed or built
upon as a unit and for which the water supply is obtained from a private
on-site well.
Shall mean a source and distribution system for potable water
subject to the requirements of N.J.S.A. 58:12A-1.1 et seq. and N.J.A.C.
7:10-1.1 et seq.
Shall mean the area around a pumping well in which the head
in the aquifer has been lowered.
Shall mean a body of material of low hydraulic conductivity
that is stratigraphically adjacent to one or more aquifers.
Shall mean the legal or beneficial owner or owners of a lot
or of any land proposed to be included in a proposed development including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Shall mean the lowering of the water table of an unconfined
aquifer or the potentiometric surface of a confined aquifer caused
by pumping of groundwater from wells. Drawdown is determined by subtracting
the depth to water from the static water level determined prior to
the start of pumping.
Shall mean the surface representation of a fracture zone.
Shall mean water in the saturated zone that is under a pressure
equal to or greater than atmospheric pressure.
Shall mean the practice of withdrawing groundwater at rates
in excess of natural recharge.
Shall mean the height above a datum plane of a column of
water. In a groundwater system, it is composed of elevation head and
pressure head.
Shall mean the capacity of a rock to transmit water. It is
expressed as the volume of water at the prevailing density and viscosity
that will move in unit time under a unit hydraulic gradient through
a unit area measured at right angle to the direction of flow.
Shall mean change in head per unit of distance measured in
the direction of the steepest change.
Shall mean the study of the interrelationships of geologic
materials and process with water, especially groundwater.
Shall mean the flow of water downward from the land surface
into and through the upper soil layers.
Shall mean the lateral movement of water in the unsaturated
zone during and immediately after a precipitation event. Water moving
as interflow discharges directly into a surface-water body.
Shall mean equipment including but not limited to pumps,
piping, and sprinkler heads used to distribute water to grasses, landscape
materials, and other vegetation.
Shall mean the board of health, which is the municipal agency
responsible for review and approval of an application for well operation.
Shall mean the township health officer or other technical
representative of the township as may be designated by the Hopewell
Township Board of Health.
Shall mean the New Jersey Department of Environmental Protection.
Shall mean a nonpumping well used to observe the elevation
of the water table or the potentiometric surface. An observation well
is generally constructed similar to a pumping well. Also known as
monitoring well.
Shall mean the voids or openings in a rock. Porosity may
be expressed quantitatively as the ratio of the volume of openings
in a rock to the total volume of the rock.
Shall mean the porosity that represents the original pore
openings when a rock or sediment formed.
Shall mean the porosity that has been caused by fractures
or weathering in a rock or sediment after it has been formed.
Shall mean a test made by pumping a well for a period of
time and observing the change in hydraulic head in the aquifer.
Shall mean a pumping test during which the discharge rate
from the pumping well is maintained at a constant rate for the duration
of the test.
Shall mean an area in which there are downward components
of head in an aquifer. Infiltration moves downward to deeper parts
of an aquifer in a recharge area.
Shall mean an aquifer system boundary that adds water to
the aquifer such as a stream or lake.
Shall mean the volume of water that infiltrates to an aquifer.
Shall mean the volume of water that infiltrates to a saturated
zone.
Shall mean the rate at which the water level in a well rises
after the pump has been shut off. Recovery is the inverse of drawdown.
Shall mean the zone in which the voids in the rock or soil
are filled with water at a pressure greater than atmospheric. The
water table is the top of the saturated zone in an unconfined aquifer.
Shall mean an expression of the productivity of a well, obtained
by dividing the pumping rate by the drawdown level. Should be described
on the basis of the number of hours pumping prior to measurement of
drawdown. Value will generally decrease with increased time of pumping.
Shall mean the depth to water in the well prior to the commencement
of pumping.
Shall mean the volume of water an aquifer releases from or
takes into storage per unit surface area of the aquifer per unit change
in head. It equals the product of specific storage and aquifer thickness.
Also known as storativity.
Shall mean the rate at which water of a prevailing density
and viscosity is transmitted through a unit width of an aquifer or
confining bed under a unit hydraulic gradient. Transmissivity equals
hydraulic conductivity times aquifer thickness.
Shall mean the zone between ground surface and the water
table. Pore spaces in the unsaturated zone contain water at pressures
less than atmospheric.
Shall mean the surface in an unconfined aquifer or confining
bed at which the pore water pressure is atmospheric.
Shall mean the result of two or more pumping wells, the drawdown
cones of which intercept. At a given location, the total well interference
is the sum of the drawdowns due to each individual well.
e.
Aquifer Test and Analysis.
1.
The testing procedures for a subdivision of two or more new lots
and all site plans shall be based on a hydrogeologic analysis and
a minimum of one aquifer test. The hydrogeologic analysis shall include
the review of available information including but not limited to published
maps and reports depicting Hopewell Township and surrounding municipalities,
stereo pairs of aerial photographs, New Jersey Geological Survey (NJGS)
Geology of the Groundwater Resources of Mercer County Geologic Report
Series No. 7 and the M2 Associates report entitled "Evaluation of Groundwater Resources of Hopewell Township, Mercer County, New Jersey". In addition, the hydrogeologic analysis will include the design, execution and analysis of aquifer test(s). The data collection shall be designed and evaluated by a qualified hydrogeologist. A geologic and hydrogeologic report containing appropriate maps, well logs, aquifer test data and observation well data and complying with the requirements of section 17-149 of this Article shall be prepared and submitted. Prior to conducting any aquifer test, a preliminary hydrogeologic evaluation and the design of the aquifer test(s) shall be submitted for review and approval by the township planning board or Board of Adjustment hereinafter referred to as board.
2.
The aquifer test shall consist of at least one constant-rate pumping
test conducted at a sufficient rate and duration to be able to determine
aquifer characteristics such as transmissivity and storage coefficient.
As part of the aquifer test, observation wells are to be monitored
to determine and evaluate the cone of depression and aquifer parameters,
and predict the effect of long term pumping on existing and future
wells.
f.
Aquifer Test and Analysis Submission Requirements.
2.
Aquifer Test Plan.
(a)
Prior to conducting an aquifer test, the applicant shall submit
the design of such aquifer test and qualifications of the persons
and firm who will be performing the test, to the board.
(b)
The design of the aquifer test shall be developed using the
applicable guidance from "Guidelines for Preparing Hydrogeologic Reports
for Water Allocation Permit Application with an Appendix on Aquifer-Test
Analysis Procedures" NJGS GSR 29 (1992 or most recent edition) or
successor document.
(c)
The aquifer test will be conducted in three phases: the background
phase, the pumping phase, and the recovery phase.
(1)
The first phase will involve the collection of background water
levels prior to the start of the test. The second phase will involve
the pumping of water from the well and the monitoring of water level
drawdown in the observation and pumping wells. The third phase will
involve the recovery of water levels in the observation and pumping
wells after the pump has been shut down. This third phase of the test
should be, at a minimum, the same length as the pumping phase.
(2)
The aquifer test (all three phases) shall not be conducted during
a precipitation event or events in which total precipitation exceeds
or equals 0.5 inches. Precipitation must be recorded with a National
Weather Service acceptable rain gauge on site during all phases of
testing and measurements for each day must be included in the hydrogeologic
report. If precipitation occurs during the test, the applicant should
provide precipitation amounts and sufficient data to show that the
precipitation did not recharge the aquifer during the test and adversely
impact the testing results. If precipitation amounts exceeding 0.5
inches are recorded, the test must be repeated.
(3)
The pump must be installed in the pumping well at least 48 hours
prior to the start of the background phase.
(4)
Prior to starting the background phase, water levels in the
test well and observation wells must be permitted to stabilize for
a minimum of three days after all drilling activities are complete.
(5)
During the background phase, water levels should be collected
at a minimum once per hour for the twenty-four-hour period prior to
the start of pumping. It is the applicant's responsibility to collect
sufficient data to determine background conditions and to ensure that
antecedent influences can be fully characterized. Barometer measurements
and additional water level measurements can be made by the applicant
to evaluate the change in water levels resulting from barometric pressure
changes and/or influences from off-site pumping.
(6)
On the day of the pumping phase, water levels shall be collected
from all wells to determine static water levels prior to the start
of pumping. Water levels in wells on neighboring properties should
be allowed to stabilize at or near static water level prior to the
start of pumping. For any observation well which has been pumped within
the 24 hours preceding the test, two depth to water measurements at
least one hour apart shall be collected to show that the well has
fully recovered prior to the start of pumping.
(7)
When the pump is started the flow rate shall be adjusted immediately
to a uniform pumping rate as required for a constant-rate test and
in accordance with the approved aquifer test plan. The flow rate shall
not vary more than 10% throughout the test. If the flow rate fluctuates
more than 10%, the test may be deemed invalid and the applicant required
to repeat the notification and testing process.
(8)
Water level measurements during the pumping phase of the test
shall be collected in accordance with Table 1. This same schedule
shall be followed for the recovery phase of testing upon shutdown
of the pump in the test well.
|
Table 1: Minimum Frequency of Water Level Measurements in Wells
During Pumping and Recovery Phases of Aquifer Test
| ||
|---|---|---|
|
Time Since Pumping Began or Stopped
|
Test Well
|
Observation Wells
|
|
0 to 5 minutes
|
0.5 minutes
|
0.5 minutes
|
|
5 to 10 minutes
|
1 minute
|
1 minute
|
|
10 to 30 minutes
|
2 minutes
|
2 minutes
|
|
30 to 60 minutes
|
5 minutes
|
5 minutes
|
|
60 to 120 minutes
|
10 minutes
|
10 minutes
|
|
2 to 24 hours
|
30 minutes
|
30 minutes
|
(d)
Rate and Duration. The rate and duration of the aquifer test
will depend upon the size of the proposed development and expected
average and peak daily demands for water.
(1)
The average daily and average yearly water demand for human
consumption within the subdivision or site plan must be determined
according to the guidelines in N.J.A.C. 7:10-12.6. Demand calculations
must include irrigation systems if proposed and water usage for filling
of swimming pools and all other demands. Demand is to be determined
based on N.J.A.C. 7:10-12.6. The peak-day demand is twice the average
daily demand. For nonresidential developments, peak-day demand must
include seasonal factors.
(2)
The pumping phase will be equal to the greater time duration
of the following: i) the volume of water removed from the aquifer
is equal to the peak-day demand; or ii) eight hours.
(3)
The pumping phase must simulate peak-day demand and therefore,
the pumping phase duration is not to extend more than 24 hours. The
minimum pumping rate is calculated by dividing the peak-day demand
by 1,440 minutes per twenty-four-hour period.
(4)
If the demand exceeds 100,000 gallons per day, a New Jersey
Water Allocation Permit must be obtained from the New Jersey Department
of Environmental Protection.
(5)
For mixed developments containing both residential and nonresidential
properties, each portion will be tested separately. Wells installed
for the residential portion must be used as observation wells for
the nonresidential testing and wells installed for nonresidential
use must be used as observation wells for the residential testing.
(6)
The pumping rate will be determined by equipping the discharge
pipe with an orifice/manometer apparatus and calibrated flow meter
to instantaneously measure flow rate and determine total volume pumped
from the well.
(7)
The discharge shall be directed so that it leaves the site without
infiltrating to the aquifer. Any and all permits required by the NJDEP
for the discharge of water must be obtained prior to starting the
test.
(e)
Location. The aquifer test shall be conducted at a location
most representative of site geologic conditions.
(1)
For residential subdivisions and site plans, biasing of testing
toward areas of increased fracture density may result in the township
requiring additional testing in areas of lower fracture density to
ensure that adequate yield is available throughout the proposed subdivision.
(2)
If the proposed site is underlain by two or more geologic formations,
then an aquifer test will be required for each portion of the site
underlain by each formation. The test requirements for each formation
will depend on the number of lots and size of units per formation.
(3)
In the event that the preliminary hydrogeologic evaluation indicates
that a surface-water and/or groundwater divide separates the subdivision,
an aquifer test will be required for each side of the divide.
(f)
Observation Wells.
(1)
The number of observation wells required per aquifer test will
depend on the number of dwelling units and/or commercial units. New
and existing observation wells may be located such that they can be
used as future water-supply wells but they shall be located in such
a manner that will yield the most accurate information concerning
the aquifer.
(2)
Observation wells should be completed to similar depths as the
pumping well.
(3)
Observation wells must be located parallel and perpendicular
to strike of the primary regional fractures and those intersected
by the tested well. Additional observation wells should be located
to evaluate potential secondary fractures and impacts to adjacent
properties.
(4)
A fracture trace analysis showing the location and orientation
of fractures beneath the site must be included with the aquifer test
plan. This same analysis with additional information regarding septic
system locations must be included in the hydrogeologic report. This
fracture trace analysis must be used to identify all observation wells
on the site and should be used to identify neighboring property owner
wells to be monitored during the test.
(5)
All wells must be located in accordance with the minimum distances
required by N.J.A.C. 7:10-12.12.
(6)
One observation well should be located within 200 feet but no
more than 500 feet of the pumping well. If required, a second observation
well must be within 1,000 feet of the pumping well.
(7)
For nonresidential developments with an expected average daily
demand less than 800 gallons per day, one observation well is required.
For residential subdivisions of two lots, on which one new single-family
residence will be constructed, one observation well is required.
(8)
For residential developments of two new residential units or
more, the number of observation wells shall be as shown in Table 2.
|
Table 2: Number of Observation Wells Required for Residential
Subdivisions/Site Plans
| |
|---|---|
|
No. of Proposed New Units
|
No. of Observation Wells
|
|
2 to 5
|
3 (minimum of 1 new well within proposed development)
|
|
6 to 25
|
3 (minimum of 2 new wells within proposed development)
|
|
26 to 49
|
6 (minimum of 4 new wells within proposed development)
|
|
50 or more
|
Test proposal submitted to Board and NJDEP for review and approval
|
(9)
For nonresidential developments with anticipated daily demands
exceeding 800 gallons per day, the number of observation wells shall
be as shown in Table 3.
|
Table 3: Aquifer Test Requirements for Nonresidential Developments.
| |
|---|---|
|
Average Demand
(gallons per day)
|
No. of Observation Wells
|
|
800 to 1,999
|
3 (minimum of 1 new well within proposed development)
|
|
2,000 to 9,999
|
3 (minimum of 2 new wells within proposed development)
|
|
10,000 to 99,999
|
6 (minimum of 2 new wells within proposed development)
|
|
100,000 or more
|
Obtain NJDEP Water Allocation Permit
|
(10)
The observation wells and pumping well must have a geologic
log describing the depth and types of soils and rocks encountered
and the depth and yields of all water-bearing fracture zones. Furthermore,
the logs must include static water level measurements and total yield
estimates for each well.
(g)
Water Quality Evaluation.
(1)
Groundwater samples must be collected during the pumping phase
from the pumping well.
(2)
The samples must be collected in accordance with the NJDEP Field
Procedures Manual.
(3)
At a minimum, the samples shall be analyzed by a NJDEP-certified
laboratory for hardness, Gross Alpha Particle Activity, arsenic, iron,
manganese, copper, lead, nitrate, and total and fecal coliform bacteria.
The samples shall also be analyzed for volatile organic compounds
for which the USEPA or NJDEP has determined maximum contaminant levels
using USEPA Method 524.2.
(4)
Field measurements of pH, conductivity, and total dissolved
solids shall be made with calibrated instruments.
(5)
If site conditions indicate potential historic use of pollutants
such as heavy metals, pesticides, herbicides, or other volatile or
semivolatile organic compounds at or near the site, these analyses
must be conducted.
(6)
Based on past historical operations at the site or at nearby
properties, the board, at its discretion, may require additional analyses
of groundwater to assess potential future and current impacts.
(7)
The results of the water sample analyses will be used to assess
background water quality.
(h)
Property Owner Notification.
(1)
Notice.
(i)
Owners of existing wells on lots located within
500 feet of the subdivision/site plan boundary shall be given an opportunity
to have their wells monitored during the aquifer test.
(ii)
Such opportunity shall be given by the applicant
by notice via certified mail and shall give the time and place of
the aquifer test.
(iii)
A notice acceptable to Hopewell Township is included
in Appendix A.[1] This notice may be modified with approval of the township
attorney and the local enforcement officer. If the application is
pending before a board, the board with jurisdiction must also approve
the change.
[1]
Editor's Note: Appendix A, referred to herein, is included as an attachment to this chapter.
(iv)
The notice shall indicate that such existing well
may be monitored if agreed to by the well owner provided the well
is readily accessible. Such notice shall indicate that the existing
well owner must respond within seven days and the applicant's responsibility
is to monitor up to three wells on properties within 500 feet of the
subdivision boundaries.
(v)
The applicant shall provide a certificate of insurance
for itself and all contractors utilized and pay all costs associated
with the monitoring of any existing residential well.
(vi)
Prior to monitoring, all buried wells must be
raised to a minimum of 12 inches above grade to allow access and retrofitted
with pitless well adapters, etc. per N.J.A.C. 7:10-12.20 well head
requirements.
(vii)
All wells shall be chlorinated each time they
are opened for service or monitoring, unless the owner specifically
waives the requirement of chlorination in writing. Bottled water shall
be provided to the homeowners during the monitoring period and while
the chlorine is detected above the acceptable limits of chlorination
in the public water standards.
(viii)
The costs of extending, restoring or replacing
a well damaged as a result of testing shall be the responsibility
of the applicant.
(ix)
The applicant shall indemnify and hold the Township
and its consultants and representatives harmless from any liability
in connection with these testing requirements.
(2)
Response.
(i)
If the owner of the lot within 500 feet of the
subdivision boundaries decides to participate by agreeing to have
their existing well monitored, they shall notify the applicant by
certified mail.
(ii)
Such response shall be provided within seven days
of receipt of the certified notice from the applicant.
(iii)
If the applicant receives no response within
the time provided, the response shall be deemed to be negative.
(i)
Protection of Monitored Wells. All reasonable efforts must be
made to protect the potability of water from the monitored well.
(j)
Selection of Wells for Monitoring.
(1)
In the case when more than three property owners within 500
feet of the subdivision boundaries decide to participate and to have
their existing wells monitored, only three must be monitored.
(2)
However, if any of the property owners requesting monitoring
have wells completed to a depth less than 100 feet, these wells must
also be monitored in addition to the three other wells.
(3)
A map depicting the location of all wells to be monitored and
a list of all property owners within 500 feet of the subdivision boundary
that requested monitoring is to be submitted to the board for review
and approval prior to implementing the test.
(4)
The observation wells on neighboring properties should be selected
to assess if the cone of depression from the pumping well will extend
beyond the subdivision boundary in any direction.
(5)
The board reserves the right to retain a professional hydrogeologist
to review the proposed monitoring locations and to make recommendations
to revise the locations to be monitored.
(k)
Hydrogeologic Report.
(1)
A hydrogeologic report must be submitted with each application
for subdivision of two or more lots and all site plans.
(2)
The report shall document the design and implementation of the
aquifer test.
(3)
The report shall include all water level data collected during
the three phases of testing.
(4)
The report must include calculations of aquifer characteristics
such as transmissivity and storage coefficient, calculations of the
cone of influence, potential impacts to adjacent well owners, and
the long-term sustained yield for the wells.
(5)
All water level measurements obtained during the aquifer test
shall be included with the report in electronic format acceptable
to the township.
(6)
The report shall include a detailed hydrogeologic description
of the aquifers encountered beneath the site and adjacent properties.
(7)
The report must include a detailed evaluation of the water supply
demand for an average and peak day, and this demand should be supported
with information on anticipated population, expected unit density,
and size of units.
(8)
An inventory of all wells within 1,000 feet of the proposed
subdivision/site plan boundaries should be appended. This inventory
should be submitted in electronic format acceptable to the township.
(9)
Figures depicting site geology, topography, water level elevations,
groundwater flow, and development plans shall be included.
(10)
In addition, all water quality sampling data shall be tabulated
and summarized in the report. Only one copy of the laboratory reports
is necessary for filing with the township.
(11)
The report should include a detailed evaluation of potential
impacts from subsurface sewage disposal systems on groundwater quality.
A site plan depicting well, septic leach field, and fracture trace
locations at a minimum scale of one inch equals 200 feet should be
included. For any and all locations where a fracture or set of fractures
intersects one or more wells and/or septic leach fields, a detailed
assessment of treatment technologies should be included. The treatment
technologies should provide adequate assurances that any and all groundwater
pumped from the wells will satisfy Federal and New Jersey Drinking
Water Standards and will not be adversely impacted by the septic leach
field discharges.
(12)
The hydrogeologic report shall be prepared and signed by a qualified
hydrogeologist using applicable sections of GSR 29 or successor document
as a guide. A qualified hydrogeologist shall be an individual who
has received a minimum of a bachelor's degree in geology at an accredited
institution or has completed an equivalent of 30 semester hours of
geological education while obtaining a bachelor's or master's degree
in a related field of engineering or science at an accredited institution.
Such a person must also demonstrate five years of professional work
experience in the practice of applying geologic principals to interpretation
of groundwater conditions. The individual shall provide a resume or
curriculum vitae to document education and experience requirements.
(13)
The hydrogeologic report shall include the name and license
number of the well driller and pump installer. The report shall include
the names of the persons and firm responsible for collecting the water
level measurements. In addition, the report shall include copies of
the completed NJDEP Well Records.
(l)
Evaluation of Results.
(1)
Precipitation. A test conducted during a period in which 0.5
inches or more of precipitation are recorded at or near the site must
be repeated.
(2)
Background Phase. Antecedent influences must be determined,
and, if necessary, pumping phase and recovery phase data must be corrected.
Insufficient data to assess these influences will require repetition
of all three phases of the aquifer test.
(3)
Pumping Phase.
(i)
If the pumping rate does not exceed the average
daily demand by 120% or the peak-day demand cannot be pumped within
a twenty-four-hour period, the aquifer beneath the site will be deemed
insufficient to meet the proposed demands and the applicant must reduce
site demands and development units.
(ii)
If the pumping rate varies by more than 10% of
the average flow rate, the entire test shall be repeated.
(iii)
If the pump shuts down during the pumping phase,
the entire test must be repeated.
(iv)
If water levels in the pumping and/or observation
wells exceed the measurement capacity of the devices used for measuring
changes in water levels and measurements are not recorded with other
devices in accordance with the schedule listed in Table 1,[2] the test must be repeated.
[2]
Editor's Note: Table 1, referred to herein, may be found in
paragraph f2(c) of this subsection.
(v)
If the pumping data indicate a change in aquifer
transmissivity as a result of fracture dewatering, all analyses of
the potential radius of influence and impacts to neighbors, streams,
and wetlands must be conducted using the lowered aquifer transmissivity.
If this lowered transmissivity indicates that the anticipated demand
cannot be supported by the aquifer beneath the site, the applicant
must reduce the site demand and development units.
(4)
Recovery Phase.
(i)
For purposes of evaluating water level recovery,
the recovery phase duration will be equal to the pumping phase duration.
For example, if the pumping phase is eight hours in duration, water
levels eight hours after the pump has been turned off will be compared
to the prepumping static water level to assess recovery rates and
residual drawdown.
(ii)
If residual drawdown in the pumping well or any
observation wells exceeds 10% but is less than 20% of the total drawdown
at the end of the recovery phase, the applicant must show through
standard/recognized aquifer test analytical procedures and calculations
that the well or wells are capable of full recovery. If full recovery
cannot be shown or groundwater mining/dewatering has occurred, the
applicant must reduce site demands and development units.
(iii)
If residual drawdown in the pumping well or any
observation well exceeds 20% of the total drawdown at the end of the
recovery phase, the aquifer will be deemed insufficient to meet the
proposed site demands and the applicant must reduce site demands and
development units.
(5)
Neighboring Wells.
(i)
If the drawdown is measured or projected to be
more than one foot at any existing adjacent property well or along
the subdivision boundary, the applicant's hydrogeologist must evaluate
long-term potential impacts to adjacent properties based on the actual
condition of wells in that zone or along that portion of the subdivision/site
plan boundary.
(ii)
If a drawdown of five feet or more is noted in
any existing adjacent property well, or is projected at any property
boundary, then the aquifer will be deemed to have insufficient transmissivity
to support the proposed subdivision/site plan. The applicant must
reduce demand and development units to ensure that drawdown will not
exceed five feet at any site boundaries.
(6)
Impacts to Streams and Wetlands. If drawdown is measured or
projected to induce leakage from streams or wetlands such that baseflow
in these streams will be reduced or wetlands partially or entirely
dewatered, then the demand and development units must be reduced to
prevent adverse impacts to streamflow and wetlands.
(7)
Additional Testing. Any test that must be repeated, restarted,
or reconducted at a reduced demand, must satisfy all the requirements
of this ordinance including but not limited to renotification of all
property owners within 500 feet and resubmission of an aquifer test
plan for board approval prior to implementation of the test.
[Added 9-13-2021 by Ord. No. 21-1760; amended 8-21-2023 by Ord. No. 23-1807]
a.
Purpose. P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act" (the "Act"),[2] legalized the recreational use of cannabis by adults 21 years of age or older, and established a comprehensive regulatory and licensing scheme for commercial recreational (adult use) cannabis operations, use and possession. The Act also required municipalities to opt in or opt out of permitting cannabis businesses, and allowed municipalities choosing to opt in to develop reasonable regulations for the location and manner of operations. Section 17-160d permits cannabis cultivation and cannabis manufacturing facilities as conditional uses in the VRC Zoning District. Section 17-165 further allows cannabis manufacturing as a conditional use in the SI Zoning District. This section sets forth the land use requirements for cannabis cultivators and cannabis manufacturers and is designed to protect the community from visual and other adverse impacts of the uses while recognizing the Township's Master Plan's support of agriculture within the Township.
[2]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
b.
Area and yard requirements.
|
Min. lot size
|
50 acres
|
|
Min. lot width
|
250 feet
|
|
Min. lot depth
|
250 feet
|
|
Min. front yard
|
350 feet
|
|
Min. side yard
|
300 feet
|
|
Min. rear yard
|
300 feet
|
|
Max. building height
|
35 feet
|
|
Max. lot coverage
|
15%
|
|
Min. landscaped buffer along a public road
|
See § 17-95j
|
1.
All structures must comply with above front, side and rear setbacks,
except security control structures no larger than 250 square feet,
set back 100 feet.
c.
Lighting. Greenhouse interior lighting will likely extend beyond
sunset, and light trespass at night should be prevented through the
use of blackout shades with side tracking or other comparable technologies,
activated dusk to dawn. All outdoor lighting shall comply with Township
ordinance.
d.
Noise. Noise generated on site shall be in compliance with all applicable
state and Township noise regulations.
e.
Odor control. A cannabis business licensee shall prevent all odors generated from the cultivation and storage of cannabis from escaping from the buildings on the site, such that the odor cannot be detected by a reasonable person of normal sensitivity outside the buildings. All cannabis facilities shall have an air treatment system to mitigate cannabis-related odor. The air treatment system shall have sufficient odor absorbing filtration systems utilizing carbon filters or similar, and ventilation and exhaust systems to eliminate cannabis odors coming from the interior of the premises, such that any odor generated inside the facility is not detectable by a person of reasonable sensitivity at the subject property line. Performance standards of § 17-97 shall apply.
g.
Water use.
1.
In addition to the meeting all other Township requirements, the applicant
shall provide a water conservation plan, which describes how rainwater
will be captured and reused and how irrigation water shall be recirculated,
with zero waste. Additionally, the water conservation plan shall include
other features, including, but not limited to:
2.
Observation well(s) shall be provided in accordance with § 17-149f2(f)(9) and remediation in accordance with § 16-6.8.
h.
Stormwater management. Stormwater management shall be provided sufficient
to satisfy all New Jersey Department of Environmental Protection and
Township stormwater control standards, except that applicant shall
recharge 100% of the average annual preconstruction groundwater recharge
volume for the site.
i.
Signage.
1.
All signage shall be limited to the name of the business. Illustrations,
pictures, and other imagery is prohibited. One facade sign is permitted,
not to exceed 10% of the front facade area of the principal building.
In no case shall the facade sign exceed 50 square feet.
2.
One freestanding sign, not exceeding 32 square feet, shall be permitted
in addition to the permitted facade sign.
j.
Screening. An evergreen screen shall be provided to prevent public
view of structures from all roadways and adjoining parcels.
k.
Building design. Greenhouses are inherently valuable for the growing
of cannabis since they allow for energy conservation, compared with
other indoor building growing conditions. A cannabis business must
design the growing facilities within greenhouses to maximize solar
energy use and minimize the use of other energy sources. The applicant
shall maintain the design of the buildings on the site in accordance
with the approved plans (e.g., floor plans and site plans).
l.
Energy conservation. Recognizing that the greenhouse operation is
energy intensive, the installation and operation of solar PV generators
is required for a portion of the energy usage on-site.
m.
Farmland soil preservations. Applicant shall:
1.
Identify all prime agricultural soils, soils of statewide importance,
and soils of local importance on the site plan;
2.
Design the site to avoid these soils to the maximum extent practical
in the siting of impervious cover;
3.
To the extent impervious cover cannot avoid these soils, the applicant
shall consult with the NRCS and shall follow the NRCS recommendations
for protecting the soils to the extent possible; and
4.
Prepare and submit to the Township a soils management and restoration
plan to restore the agricultural land in the event that the facility
ceases to operate.
[Added 4-18-2022 by Ord. No. 22-1770; amended 5-2-2022 by Ord. No. 22-1772; 12-19-2022 by Ord. No. 22-1790]
a.
Purpose. P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act" (the "Act"),[1] legalized the recreational use of cannabis by adults 21 years of age or older, and established a comprehensive regulatory and licensing scheme for commercial recreational (adult use) cannabis operations, use and possession. The Act also required municipalities to opt in or opt out of permitting cannabis businesses, and allowed municipalities choosing to opt in to develop reasonable regulations for the location and manner of operations. Sections 17-161 (C-1), 17-162 (SC), 17-163 (HBO), 17-167 (IC) and 17-170 (SC1) permit cannabis retailers in those districts as a conditional use in the zones. A cannabis retailer establishment and accessory delivery services shall be subject to the applicable design standards of Article VI, including traffic and lighting standards as provided by the provisions of Sections 17-90 and 17-112 accordingly, and the bulk requirements of the C-1 Zone as it applies to retail uses when a cannabis retailer is located in the C-1 Zone, and the bulk requirements of Subsection 17-162e of this chapter when such use is located in the SC, HBO, IC, or SC1 Zone. This section sets forth the conditional use requirements and additional development standards for cannabis retailers and delivery services, which are designed and imposed in order to protect the community from visual and other adverse impacts of the use.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
b.
Conditional Use Requirements:
1.
License. A cannabis retailer shall be duly licensed by the State
of New Jersey and shall hold a Class 5 Cannabis Retailer license issued
by the New Jersey Cannabis Regulatory Commission.
2.
Location. Cannabis retail businesses must be located at least 1,000
feet from schools, school playgrounds and school athletic fields in
the Township, measured from property line to property line.
3.
Cannabis Delivery Service. A cannabis delivery service shall only
be permitted if it is located on the same premises as a licensed cannabis
retail business, and such use is accessory to the cannabis retail
operations on-site, and such delivery service is duly licensed by
the State of New Jersey and holds a Class 6 Cannabis Delivery license
issued by the New Jersey Cannabis Regulatory Commission.
4.
Prohibitions.
(a)
The on-site consumption or use of cannabis, cannabis products
or services shall be expressly prohibited.
(b)
Drive-through services and/or drive-through windows shall be
prohibited.
(c)
No retail cannabis prices, products or paraphernalia shall be
displayed or visible to a person from the exterior of a building.
All retail products shall be stored, displayed and sold only indoors,
and any outdoor storage, display and/or on-site advertisement of products
shall be prohibited. Preliminary architectural drawings that show
the building's appearance and interior layout details sufficient to
determine compliance with this section's provisions shall be provided
prior to the application being deemed complete.
(d)
No cannabis retail establishment shall be permitted within a
building that contains a residential use, and no cannabis retail establishment
shall be housed in a vehicle or any movable or mobile structure. This
does not prohibit the delivery of cannabis items and related supplies
by a regulated delivery service.
c.
Additional Developments Standards.
1.
Hours of Operation. Hours of operation for cannabis retailers and accessory delivery services shall be limited to the hours of operations specified by the provisions of Subsection 24-11b of the Municipal Code.
2.
Parking. The parking requirements for cannabis retailers shall be
the same as those required for retail sales, plus one additional parking
space for a cannabis delivery vehicle for those cannabis retailers
that utilize a delivery service as an accessory use, except that no
additional parking spaces shall be required for such uses when such
use occupies a retail space in a shopping center where parking requirements
are established for the entire shopping center as a whole. No more
than one cannabis delivery vehicle shall be stored on-site on any
premises.
3.
Site Access. Cannabis retail establishments shall be accessible directly
through a separate entrance, independent from any other retail or
residential ingress to the building. Only a secured, one-way emergency
exit from the establishment may be integrated with common egress.
4.
Odor Control. All cannabis retail businesses shall prevent all odors generated from the storage and sale of cannabis from escaping from the buildings on the site, such that the odor cannot be detected by a reasonable person of normal sensitivity outside the buildings. All cannabis facilities shall have an air treatment system to mitigate cannabis-related odor. The air treatment system shall have sufficient odor-absorbing filtration systems utilizing carbon filters or similar, and ventilation and exhaust systems to eliminate cannabis odors coming from the interior of the premises, such that any odor generated inside the facility is not detectable by a person of reasonable sensitivity at the subject property line. Performance standards of Section 17-97 shall apply.
5.
Signage. The signage requirements for cannabis retailers shall be
the same as those required for retailers in each zone in which cannabis
retailers are located. Additionally, the total imagery on signs for
cannabis retail businesses shall not exceed 10% of the total area
of the sign.
6.
Security. A cannabis retail facility shall develop and implement
security protocols sufficient to secure the facility and its contents
and protect the safety of customers, employees and the public. The
following minimum security measures shall be required:
(a)
A video recording security system shall be employed covering
all areas of the facility and the exterior of the building with a
24/7 recording system. All recordings shall be maintained for a period
of at least 30 days.
(b)
An alarm system shall be installed and must include a perimeter
alarm on all building entry and exit points and perimeter windows
connected to a remote monitoring facility and/or the Hopewell Township
Police Department and a failure notification system that provides
notification of any failure in the security system.
