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Township of Lebanon, NJ
Hunterdon County
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Table of Contents
Table of Contents
All maps, plats and sketch plats required to be submitted by this chapter shall conform to one of the following size configurations: 8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; or 30 inches by 42 inches.
[Amended by Ord. No. 1-1987; Ord. No. 18-1987; Ord. No. 14-1990; Ord. No. 16-2000; Ord. No. 2001-32]
All plats shall be based on accurate information at a scale of not less than one inch equals 100 feet and shall show or include the following information, except that the Planning Board may waive any requirement or request additional information where it is clearly appropriate to the particular application:
A. 
Location and key map. The entire tract to be subdivided, giving the accurate location of all existing and proposed property and street lines, and including a key map at a scale where one inch equals not less than 1,000 feet showing the entire subdivision and its relation to all features shown on the Official Map and Master Plan and located within 1/2 mile of the extreme limits of the subdivision, and the zoning classification of the proposed subdivision and of adjacent land.
B. 
Structures, wooded areas and topography. The location of existing houses, buildings and other structures, with accurate dimensions from all existing and proposed lot lines, wooded areas and isolated trees more than 10 inches in diameter and topography within the portion to be subdivided and within 200 feet thereof at ten-foot contours.
C. 
Owners. The name of the owner, all adjoining property owners and those across existing or proposed streets as disclosed by the most recent municipal tax records.
D. 
Identity. The tax map sheet, date of revision, block and lot numbers and zone district.
E. 
Streets, easements, watercourses, rights-of-way. The location of existing or proposed streets, roads, easements, public rights-of-way, streams, bridges, culverts, drainage ditches and natural watercourses in and within 200 feet of the subdivision. Floodplains, ponds and wetlands shall be shown in the subdivision and within 200 feet of the subdivision.
F. 
Lots. Lot layout, lot dimensions, all required setback lines, and individual lot areas in square feet and acreage. The applicant shall contact the Tax Assessor for the proper block and lot numbers for new lots to be subdivided, which numbers are to be clearly designated on the plat.
G. 
Percolation test and soil logs. The location of all percolation tests including those that failed and soil logs conducted at the expense of the applicant and approved by the Board of Health shall be shown on the plan. At least two successful percolation tests for each lot shall be required, and one soil log for every lot shall be submitted. No percolation test shall be closer than 20 feet or further than 40 feet and additionally none of the percolation tests shall be more than 30 feet from the soil log.
H. 
Subsection G above of this section shall take effect January 1, 1987, with the exception that a single percolation test approved by the Health Officer, prior to December 31, 1986, shall satisfy the requirement for two tests, set forth in Subsection G above.
I. 
Other information.
(1) 
Date of original preparation and date of revision, if any, of plat, as well as old name as submitted previously under different title.
(2) 
Where, in the opinion of the Planning Board, a proposed subdivision could adversely affect the development of the remainder of the tract or adjacent properties or possibly require improvements, the Planning Board may require the applicant to submit a sketch plat for the remainder of the tract in sufficient detail and accuracy to permit the Board to determine that the minor can be properly developed and accommodated within the overall tract design.
(3) 
Any other information required by the Planning Board.
J. 
Information required for minor subdivision plats. If the sketch plat is being submitted for minor subdivision approval, it shall contain the information required under this § 330-26 and shall be a certified survey map drawn by a licensed New Jersey land surveyor. The plat shall provide for endorsement by the Chairman and Planning Board Secretary. If the plat is to be filed in accordance with § 330-22D, it shall meet the requirements of the Map Filing Act.[1]
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
K. 
The deeds submitted with minor subdivision plats shall contain the right to farm recital contained in § 400-14E, and the final plats shall contain a provision requiring each deed issued and executed to describe and convey any of the lots shown on the final plat to contain the right to farm recital set forth in § 400-14E.
L. 
An environmental inventory plan in accordance with § 330-30.
M. 
A hydrogeologic report in accordance with § 330-31.
[Amended by Ord. No. 14-1990; Ord. No. 16-2000; Ord. No. 2001-32]
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not more than one inch equals 100 feet. Preliminary plats shall be drawn by a licensed New Jersey professional engineer or land surveyor. Contour maps and preliminary construction plans including road profiles and utility plans shall be submitted as part of the preliminary plat. Separate maps may be required by the Board for topography, utilities, and road details. A soil erosion and sedimentation control plan and a grading plan shall be included. The plat shall be designed in compliance with the provisions of Article VIII of this chapter and shall show or be accompanied by the following information:
A. 
Location and key map. The entire tract to be subdivided, giving the accurate location of all existing and proposed property and street lines, and including a key map at a scale where one inch equals not less than 1,000 feet showing the entire subdivision and its relation to all features shown on the Official Map and Master Plan and located within 1/2 mile of the extreme limits of the subdivision, and the zoning classification of the proposed subdivision and of adjacent land.
B. 
Lots. Lot layout, lot dimensions, all required setback lines, and individual lot areas in square feet and acreage. Lots shall be designated by consecutive numbers until given an official lot number designation by the Township.
C. 
Other contents. The tract name, tax map sheet and date or revision, block and lot numbers, date of plat preparation, reference meridian, scale, graphic scale and the following names and addresses:
(1) 
Record owner or owners or property to be subdivided; if other than an individual, the corporate officers or partners or other statutory agent.
(2) 
Subdivider.
(3) 
Person who prepared map, official seal and license numbers.
(4) 
Owners of property within 200 feet of entire tract being subdivided.
D. 
Acreage. Acreage of tract to be subdivided to nearest 1/100 of an acre.
E. 
Elevations; contours. Sufficient elevations and contours at five-foot vertical intervals for slopes averaging 10% or greater and at two-foot vertical intervals for land of lesser slope to determine the general slope and natural drainage of the land and the high and low points for a distance of 200 feet around the entire tract boundary.
F. 
Existing and proposed locations. The location of existing and proposed property lines, streets, buildings, watercourses, railroads, bridges, culverts, drain pipes, sanitary sewers, water mains, gas mains, power lines, and any natural features such as wooded areas, large trees over 10 inches in diameter and rock formations. This data shall be determined by field and/or photogrammetric survey.
G. 
Streets. Preliminary plans and profiles at a scale of not more than one inch equals 50 feet horizontally and one inch equals five feet vertically, including cross sections every 50 feet or as specified by the Township Engineer of all proposed streets, curbs and gutters within the subdivision and proposed connection with existing or future continuing streets. The distance and radii of all curves along all street lines shall be shown.
H. 
Utilities. Preliminary plans and profiles of proposed utility layouts shall be at a scale of not more than one inch equals 50 feet horizontally and one inch equals five feet vertically (water, gas, storm and sanitary sewers, telephone and electricity) showing connections to existing or proposed utility systems.
I. 
Sewers, drains, ditches.
(1) 
Preliminary plans and profiles at a scale of one inch equals 50 feet horizontally and one inch equals five feet vertically of all proposed and existing sanitary sewers, storm drains, drainage ditches, and streams within the subdivision, together with the locations, sizes, elevations, grades and capacities of any existing sanitary sewer, storm drain, drainage ditch or stream or watercourse to which the proposed facility shall be connected. When brook or stream channel improvements are proposed or required, the plans for such improvement shall be approved by the State Department of Environmental Protection or the Hunterdon County Planning Board where applicable.
(2) 
Where individual sewerage disposal systems are proposed, a typical plan shall be submitted to the Township Health Officer. The plan shall be of a system approved by the appropriate local or county agency and meeting all local, county and state requirements.
J. 
Percolation tests and soil logs.[1] When an individual sewage disposal system is proposed, the following requirements shall be met:
(1) 
Percolation tests shall be made on each lot to determine the ability of the soil to absorb effluent. The tests shall be made in the approximate location where the system is to be located and not closer to a side lot line than the minimum side yard requirement. Such tests shall be made as directed by the Township Health Officer or his designee. The percolation test shall be approved by the Township Health Officer. No lot shall be approved as a building lot unless a passing percolation test has been secured.
(2) 
If the percolation rate meets the Township requirements, a disposal system designed by a professional engineer in accordance with local, county, and state standards shall be submitted to the Township Health Officer for his approval.
(3) 
In areas of questionable percolation, the administrating officer of the Board of Health may establish the conditions under which the percolation tests may be undertaken, including the month of the year and location.
(4) 
The Planning Board may require in areas of questionable suitability for individual sewage disposal systems soil logs to be undertaken under the direction of the Township Health Officer.
[1]
Editor's Note: See also Ch. 278, Percolation Test and Soil Log.
K. 
Off-site improvements. When the development of the subdivision or improvements within the subdivision are contingent upon improvements outside the boundaries of the subdivision, information shall be supplied by the subdivider prior to Planning Board consideration for preliminary approval that the improvements outside the subdivision are installed and will be available to the subdivider.
L. 
Setback lines. All front, rear and side yard lines shall be shown for all lots.
M. 
Deed restrictions. A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
N. 
Open space. Any open spaces proposed to be dedicated for public use or playgrounds or other public purpose and the location and use of all such property shall be shown on the plat.
O. 
Support capability. When deemed necessary to determine the suitability of the soil to support new construction, the Planning Board shall require test holes or borings to be made by a New Jersey licensed engineer or an approved testing laboratory at the expense of the subdivider under the direction of the Township Engineer.
P. 
On-site wetland delineation.
(1) 
An on-site wetland delineation prepared by a qualified consultant may be required for submission on preliminary site plans if any of the following conditions exist on the applicant's property:
(a) 
Hydric or wetland soils as identified in the Hunterdon County Soil Survey.
(b) 
Wetlands as identified on the US Fish and Wildlife Services Wetlands Map (located in the Planning Board Clerk's office).
(c) 
On-site vegetation or soil conditions which indicate the probable presence of on-site wetlands.
(2) 
The Planning Board reserves the right to require an on-site wetland delineation for minor subdivisions if any of the indicators noticed under Subsections P(1)(a) through (c) are present on the applicant's property and may significantly impact the utility of the newly created lots.
Q. 
An environmental inventory plan in accordance with § 330-30.
R. 
A hydrogeologic report in accordance with § 330-31.
A. 
The final plat and all final plans and profiles of improvements and other original exhibits shall be filed with the Township Clerk at least two weeks prior to the regular meeting of the Planning Board when the plat is to be considered. The plat shall be drawn in compliance with the provisions of the State Map Filing Act.[1]
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
B. 
The final plat shall show or be accompanied by the following:
(1) 
Identification. Date, name and key map of the subdivision, name of owner, scale, graphic scale and reference meridian. The final plat shall be drawn at a scale of not more than one inch equals 100 feet.
(2) 
Other contents. Tract boundary lines, rights-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines with accurate dimensions, bearings, distances, arc lengths, central angles, tangents, and radii of all curves, and areas of each lot in square feet.
(3) 
Public use. The purpose of any easement or land reserved or dedicated for public use shall be indicated and the proposed use of sites other than residential shall be noted.
(4) 
Block and lots. All block, lot and house numbers shall be approved by the Township Engineer and the Tax Assessor and shall be related to existing block and lot numbers as shown on the Official Tax Map of the Township.
(5) 
Monuments. Location and description of all monuments shall be shown.
(6) 
Consent of owner. Certification that the applicant is agent or owner of the land, or that the owner has given consent to file the map.
(7) 
Approval. When approval of a plat is required by any officer or body, whether municipal, county or state, approval shall be certified on the plat.
(8) 
Certifications. The following certifications shall appear in the final plat:
1.
I hereby certify that this map and the survey have been made under my immediate supervision and comply with the provisions of the Map Filing Law. (Include the following if applicable.) I do further certify that the monuments as designated and shown hereon have been set.
Licensed Land Surveyor (Affix Seal)
Date
(If monuments are to be set at a later date, the following endorsement shall be shown on the map.)
I certify that a bond has been given to the Township of Lebanon guaranteeing the future setting of the monuments shown on this map and so designated.
Township Clerk
Date
2.
I hereby certify that all of the requirements of the Lebanon Township Board of Health have been complied with.
Health Officer
Date
3.
I have carefully examined this map and find it conforms with the provisions of the Map Filing Law and the municipal ordinances and requirements applicable thereto.
Township Engineer (Affix Seal)
Date
4.
This application No. _____ is approved by the Lebanon Township Planning Board as a major subdivision.
Chairman
Date
Secretary
Date
(9) 
Affidavit. An original and two copies of an affidavit signed and sworn to by the applicant that the final plat is drawn and presented exactly the same as the preliminary plat approved by the Planning Board, and if there be any changes, all changes shall be set forth in the affidavit as exceptions to the general statement.
[Added by Ord. No. 12-1998]
A. 
Purpose. The purpose of the investigation is to provide sufficient data to define all existing geologic conditions in limestone areas for which appropriate site design and/or engineering solutions may be necessary to minimize any adverse public health, safety, general welfare or environmental impacts caused by the project.
B. 
Applicability. The Planning Board shall require a geologic investigation for development in the carbonate rock areas involving major subdivisions, major site plans and wastewater disposal systems requiring state permits or treatment works approvals. All applications for development shall comply with Subsection J below.
C. 
Establishment of regulated areas. Portions of the Township are underlain by limestone formations, indicated as Kittatinny limestone on attached Exhibit A.[1] Such areas shall be known as carbonate rock areas (CRA) and shall be subject to the geologic investigation outlined below, which is deemed necessary by the Planning Board to minimize any adverse public health, safety or general welfare impacts.
[1]
Editor's Note: Exhibit A, Carbonate Rock Area, referred to herein, may be found at the end of this chapter.
D. 
Submission requirements in carbonate rock areas. An applicant for a major subdivision, a major site plan, or a wastewater disposal system requiring state permits or treatment works approvals shall complete the Phase I Geologic Investigation Checklist attached hereto.[2] The geologic investigation checklist shall:
(1) 
Be prepared and conducted by the applicant's geological consultant (AGC) who shall be a geologist or professional engineer with experience in karst terrains.
(2) 
Identify the geologic nature of the materials underlying the site.
(3) 
Be based on an on-site/area field investigation and document review and shall include a description of the site geology; groundwater conditions such as depth to/direction of flow and evaluation of the potential impact of the project on groundwater quality; and identification of any karst/solution features observed and the structural control of same.
(4) 
Note karst/solution features which shall be flagged in the field.
[2]
Editor's Note: The Phase I Geologic Investigation Checklist may be found at the end of this chapter.
E. 
The Phase I Geologic Investigation Checklist information shall be reviewed by the Township Geologic Consultant (TGC), and a review report shall be submitted by the TGC to the approving authority within 30 days of the submission by the applicant of the Phase I Investigation Checklist. The TGC's report shall review the completeness of the Phase I Investigation Checklist and shall recommend either that a Phase II Investigation Plan be prepared and submitted or that portions or all of the requirements of the Phase II investigation be waived.
F. 
The purpose of the Phase II Investigation Plan is to delineate and define karst features noted or suspected in the Phase I Geologic Investigation Checklist, to evaluate the effects of the same on the proposed development and to propose methods of remediation if needed. The Phase II Investigation Plan shall include a narrative describing the types of features to be investigated, their locations, the types of direct/indirect methods to be used and the reasons for their use. Direct methods shall include site reconnaissance, test pits, test probes, test borings or other appropriate methods. Indirect methods shall include aerial photography and geophysical procedures. A site plan indicating the areas of investigation, proposed locations of testing and types of testing shall accompany the Phase II Investigation Plan.
G. 
The Phase II Investigation Plan shall be reviewed by the TGC, and a review report shall be submitted by the TGC. The TGC's report shall include a specification of the nature and extent of the Phase II investigation, the results of which shall be in the Geotechnical Evaluation Report.
H. 
At the completion of the Phase II investigation, a formal Geotechnical Evaluation Report shall be submitted which shall include the following information gathered during the testing protocol:
(1) 
Logs of all borings, test pits and probes, including evidence of cavities, loss of drilling fluid circulation during drilling, voids encountered and similar cavities.
(2) 
The type of drilling or excavation technique employed.
(3) 
Drawings of monitoring or observation wells as installed.
(4) 
The time and dates of exploration tests.
(5) 
Reports of chemical analyses of on-site surface and ground water in cases of potential impact as determined by the TGC.
(6) 
The names and qualifications of individuals conducting the tests.
(7) 
The analytical methods used on soils, water samples and rock samples.
(8) 
A one-inch equals 100 feet scale topographic map of the site (at a contour interval of two feet) locating all test pits, borings, wells, seismic or electromagnetic conductivity or other geophysical surveys and analysis of the groundwater, including any potentiometric maps constructed from site data or aquifer tests with rate and direction of flow, if required by the approved Phase II Investigation Plan.
(9) 
A geologic interpretation of the observed subsurface conditions, including soil and rock type, geologic unit, jointing (size and spacing), faulting, voids, fracturing, grain size and sinkhole formation.
(10) 
An evaluation of the geotechnical findings at the site gathered during the Phase II investigation, in relation to the proposed development, and recommendations for the planning, engineering design and construction techniques to be utilized in accomplishing the project. All design recommendations shall minimize, to the greatest extent practical, impacts upon water quality and structural hazards associated with limestone formations. The engineering solutions proposed to minimize environmental and structural impacts for the useful life of the project, as well as during construction, must be clearly detailed.
(11) 
Any other information required by the approved Phase II Investigation Plan.
I. 
The Geotechnical Report shall be reviewed by the TGC, and a review report shall be submitted by the TGC to the approving authority. The TGC's report shall review the completeness of the Geotechnical Evaluation Report, and shall advise the approving authority whether the applicant is proposing suitable site specific design and construction details and specifications to ensure that the proposed development of the tract will be properly implemented and will not adversely impact on the health, safety and welfare of the community.
J. 
All applications for development in carbonate rock areas shall include the following wording on the subdivision plat and in deeds:
"Block __________ Lot __________ is underlain by limestone formations. Limestone formations are susceptible to surface collapse (or sinkholes) and subsidence caused by the physical erosion and chemical alteration of the soil and bedrock. In limestone areas the alteration and development of land may be hazardous with respect to the foundation safety of structures, the creation of unstable land as a result of changes in drainage and grading and the contamination of ground and surface waters. The exact kinds of sinkholes and/or subsidence is not always predictable. Despite any geologic investigation or geotechnical evaluation which may have been required in connection with the approval of this subdivision, there is no warranty, finding, guarantee or assurance that a sinkhole and/or subsidence will not occur on the property in this subdivision. The municipality, its agents, consultants and employees assume no liability for any damages which may result from sinkhole activity. All persons should always make independent investigations of these matters prior to using this land for construction of a building or structure or any activity which alters the soil and bedrock materials."
A declaration of covenants and restrictions in a form satisfactory to the Planning Board Attorney shall be filed in the office of the County Clerk simultaneous with the filing of the final plat specifying which lots are so affected and containing similar language.
[Added by Ord. No. 16-2000; amended by Ord. No. 2003-11]
A. 
Purpose. The purpose of the environmental inventory plan is to provide the Planning Board with sufficient information concerning the natural resources of a tract so that the Board can make an informed decision concerning the potential environmental impact of the proposed development.
B. 
Applicability. An environmental inventory plan shall be required with each application for a minor subdivision (§§ 330-22 and 330-26), preliminary major subdivision (§§ 330-23 and 330-27), site plan (§§ 400-25 and 400-30) or variance.
C. 
Submission requirements.
(1) 
An applicant for a minor subdivision, major subdivision, site plan or variance shall provide the following information in mapped form as part of the submitted plat or plan. The scale of the map shall be one inch equals 100 feet at a minimum. The categories of mapped information provided below may be shown on one sheet, provided that the Board determines there is enough detail and clarity for the information to be readable, or may be shown on additional sheets. The environmental inventory plan shall include the limits of the proposed development, in the case of a site plan, or the proposed lot lines, in the case of a subdivision, so that the Board can assess the impact of the proposed development on the natural resource characteristics of the site. The environmental inventory plan shall identify the following features on-site and, in the case of Subsections C(1)(b), (e) and (h) below, within 200 feet of the property:
(a) 
Soils classifications in accordance with the Hunterdon County Soils Survey. In tabular form on the map, the applicant shall provide the depth to the seasonal high water table and the depth to bedrock for each of the soil phases shown on the map.
(b) 
Geology, in accordance with the latest geological mapping from the United States Geological Survey (USGS).
(c) 
Flood hazard areas, in accordance with the National Flood Insurance Program mapping prepared by the Federal Emergency Management Administration (FEMA) and New Jersey's Flood Hazard Area Control Act and the Flood Area Hazard regulations.[1]
[1]
Editor's Note: See also Ch. 220, Flood Damage Prevention.
(d) 
Wetlands on the tract and within 150 feet of the tract shall be delineated by a qualified expert in accordance with the standards of the NJDEP (N.J.A.C. 7:7A-2.5). The wetlands shall be surveyed and located on the plan by the applicant's land surveyor. The wetlands delineation shall include anticipated transition areas (buffers). The qualified wetlands expert shall submit a written report on the wetlands delineation, classification of wetlands and transition area widths. The applicant may provide a letter of interpretation from the NJDEP to support the required delineation referenced herein.
(e) 
Streams, water bodies and ditches. The plan shall identify whether the stream is perennial or intermittent in accordance with the classifications in the Hunterdon County Soil Survey. The plan shall also identify the NJDEP classification of the stream, i.e., trout production, trout maintenance or non-trout, if such a classification is applicable to the identified water body; and, in the case of ditches or intermittent streams, the classification of the receiving stream.
(f) 
Topography and slopes, with slope classes of 0% to 15%, 15% to 25% and greater than 25% delineated on the plans. (See § 400-8E, Steep slope regulations, for additional standards.)
(g) 
Tree groupings, including a description of general size and species composition. Individual trees greater than 10 inches diameter at breast height shall be identified.
(h) 
Identification of threatened and endangered plants and animals, as identified by the NJDEP Natural Heritage Program or other sources. If the source is the Natural Heritage Program, the applicant shall provide the letter/report supplied by the program.
(i) 
Historic and cultural resources occurring on the property, as defined by the Township or Hunterdon County.
(j) 
Stone rows, bridges, entrance gates to the property, driftways and dams.
(2) 
If any of the above items indicate that there are conditions which may affect the proposed development, the Board reserves the right to have the applicant address specific impacts of the proposed development, such as those relating to water quality, stormwater management, noise, air quality, and the loss of forest and habitat.
D. 
Reports and written documentation. The applicant shall provide the written reports concerning wetlands and threatened and endangered species referenced above. In addition, the Board may require the applicant to provide additional explanatory information or reports that would assist the Board in evaluating the information provided on the environmental inventory plan. Such written reports may include an assessment of the probable impact of the development on the resources depicted on the environmental inventory plan; an evaluation of any adverse environmental impacts that cannot be avoided; and a description of steps to be taken to avoid or minimize adverse environmental impacts during construction and operation, including necessary maps, schedules and other explanatory data to clarify and explain these steps.
[Added by Ord. No. 2001-32]
A. 
Purpose and applicability.
(1) 
It is the intent of the requirements of this section that an aquifer test and analysis as set forth in Subsection C(1) be provided as part of a preliminary plat application of a major subdivision which subdivision is to be served by on-site wells. It is the intent that an aquifer test and analysis as set forth in Subsection C(2) be conducted for major subdivision of five or fewer lots. It is the intent that an aquifer test and analysis as set forth in Subsection C(3) be conducted as part of a submission of a nonresidential use preliminary site plan when the development proposed by such site plan is to be served by one or more on-site wells with an average daily water demand of 600 gallons or more.
(2) 
The deepening or replacement of a well that has the primary purpose of providing drinking water to a residence is exempt from the requirements of this section. A nonresidential use preliminary site plan when the development proposed by such site plan is to be served by one well with an average daily water demand of less than 600 gallons shall also be exempt from the requirements of this section. However, the installation of a second well with the primary purpose of irrigation, filling of swimming pools, or any other purpose other than to serve as the sole source of drinking water for a residence or nonresidential site plan with an average daily water demand less than 600 gallons must satisfy the requirements of Subsection C, regardless of the second well's average daily water demand. A well installed for irrigation, filling of swimming pools, or any purpose other than providing the sole source of drinking water is considered to serve a nonresidential use.
B. 
Waiver. If an applicant can show that given the expected average daily demand and distance to other nearby wells, the subdivision will not induce drawdown in any existing or future wells adjacent to the subdivision boundaries or any existing or future wells within the subdivision, then the applicant can request a waiver from the Planning Board for all or some of the requirements of this section.
C. 
Aquifer test and analysis. The testing procedures for a major subdivision 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 Lebanon Township and surrounding municipalities, stereo pairs of aerial photographs, New Jersey Geological Survey (NJGS) Special Report No. 24, and M2 Associates' report "Evaluation of Groundwater Resources of Lebanon Township, Hunterdon County, New Jersey." In addition, the hydrogeologic analysis will include the design and conductance of aquifer test(s). The data collection shall be designed and evaluated by a qualified hydrogeologist. A geological and hydrogeologic report containing appropriate maps, well logs, pump test data and monitoring well data and complying with the requirements of this section 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 by the Township. The aquifer test shall consist of at least one 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, confirm aquifer parameters, and predict the effect of long-term pumping on existing and future wells.
(1) 
Aquifer test and analysis for major subdivisions.
(a) 
Aquifer test.
[1] 
The rate and duration of the aquifer test will depend upon the size of the proposed subdivision and expected average and peak daily demands for all wells. The aquifer test shall be conducted at a location most representative of site geologic conditions. For residential subdivisions, 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 zones (Precambrian Metamorphic and Igneous Zone and the Cambrian-Ordovician Limestone/Dolomite Zone as defined in the "Evaluation of Groundwater Resources of Lebanon Township, Hunterdon County, New Jersey"), then an aquifer test will be required for each zone. The test requirements for each zone will depend on the number of lots and size of units per zone.
[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.
[4] 
The average daily and average yearly water demand for the subdivision must be determined according to the guidelines in N.J.A.C. 7:10-12.7. The peak day demand is twice the average daily demand.
[5] 
To ensure that the pumping test adequately stresses the aquifer, the length of the pumping test will be equal to the greater of the following: a) the volume of water removed from the aquifer is equal to the number of dwelling units multiplied by the peak day demand (e.g., 10 four-bedroom dwelling units times a peak day demand of 1,600 gallons per unit equals 16,000 gallons); or b) eight hours. At a minimum, the pumping rate for the test should be equivalent to 120% of the expected long-term rate (e.g., if the expected rate for a dwelling is five gallons per minute, then the minimum rate for the test is six gallons per minute).
[6] 
For nonresidential use, demand should be determined based on N.J.A.C. 7:10-12.6. 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. For demands less than 100,000 gallons per day, the length of the pumping test will equal the greater of the following: a) the volume of water removed from the aquifer is equal to the peak demand; or b) eight hours. The peak demand should be assumed equal to twice the average daily demand. At a minimum, the pumping rate for the test should equal 120% of the expected long-term rate.
[7] 
For mixed developments containing both residential and nonresidential properties, the residential portion will be tested as described above for residential developments. Each proposed well for the commercial portions will be tested as described in Subsection C(3) for nonresidential use. In addition, wells installed for the residential portion should be used as observation wells for the nonresidential testing and wells installed for nonresidential use should be used as observation wells for the residential testing.
[8] 
The number of observation wells required per aquifer test will depend on the number of dwelling units and/or commercial units for the subdivision. New and existing monitoring 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. Observation wells should be located parallel and perpendicular to strike of the primary fractures intersected by the tested well.
[9] 
All wells must be located in accordance with the minimum distances required by N.J.A.C. 7:10-12.12. For nonresidential developments with an expected average daily demand less than 2,000 gallons per day, one observation well is required. This well should be within 500 feet of the pumping well. For all other nonresidential developments, two or more observation wells are required. At a minimum, one of these observation wells should be within 200 feet of the pumping well. A second observation well must be within 200 feet and 500 feet of the pumping well. These two wells should be located along strike of the major water-bearing fractures intersected by the pumping well. If additional observation wells are necessary, these wells should be located parallel to secondary and tertiary fracture sets.
[10] 
A fracture trace analysis showing the location and orientation of fractures beneath the site must be included with the pumping test plan. This same analysis with additional information regarding septic system locations must be included in the final report.
[11] 
Major subdivisions of five lots or less to be used for single-family dwelling purposes shall conduct a pumping test on each well as outlined in Subsection C(2). All the wells in a major subdivision of five lots or less shall be installed and used as observation wells as each individual well test is conducted. For major subdivisions of six or more lots to be used for single-family homes, the recommended number of observation wells shall be as shown in Table 1.
Table 1: Number of Observation Wells Required for Residential Subdivisions
Number of Proposed Lots
Number of Observation Wells
5 or less
1 adjacent well
6 to 25
3 (minimum of 2 new wells within proposed subdivision)
25 to 49
6 (minimum of 4 new wells within proposed subdivision)
50 or more
Test proposal submitted to Board and NJDEP for review and approval
[12] 
The observation wells and test 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 should include static water level measurements and total yield estimates for each well. The observation wells should be completed to a similar depth as the test well. At least one of the observation wells should be within 200 feet of the test well and at least one observation well must be located along the preferential fracture direction between 200 feet and 500 feet of the pumping well. Additional observation wells should be located to evaluate potential secondary fractures and impacts to adjacent properties.
[13] 
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. The aquifer test shall be conducted according to the following procedure:
[a] 
Owners of existing wells on lots located within 500 feet of the subdivision boundary shall be given an opportunity to have their wells monitored during the aquifer test. Such opportunity shall be given by the applicant by notice via certified mail and shall give the time and place of the well pumping test. Furthermore, 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. 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. Such response shall be provided within seven days of receipt of the certified notice from the applicant. If the applicant receives no response within the time provided, the response shall be deemed to be negative.
[b] 
If the owner of a lot within 500 feet of the subdivision boundaries is to have his existing well monitored, the applicant shall bear full responsibility for protection of the well against contamination and shall return the well to its premonitoring condition to the satisfaction of the lot owner.
[c] 
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 nearest to the test well need be monitored. 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 nearest wells.
[d] 
Prior to conducting an aquifer test, the applicant shall submit the design of such aquifer test including the location of wells to be monitored on adjacent lots and qualifications of the persons and firm who will be performing the test for review by the Township. The applicant shall submit an escrow fee of $500 along with the design of the aquifer test. The purpose of the escrow fee is to cover the cost of Township review of the proposed aquifer test. Such review may include submission of such design to a qualified hydrogeologist representing the Township for review and recommendations.
[e] 
The pumping test will be comprised of three phases. 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, at a minimum, be the same length as the pumping phase.
[f] 
If at all possible, the pumping test (all three phases) should not be conducted during precipitation events. 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.
[g] 
The background phase includes allowing the test well and observation wells to stabilize for a minimum of three days before the test. At a minimum, water levels should be collected from the test well and observation wells 24 hours and one hour 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.
[h] 
On the day of the pumping phase, water levels shall be collected from all wells. For those wells showing a change of more than 0.1 foot, a second round of measurements shall be collected before starting the test. Additional rounds of measurements may be necessary to determine that the well is in equilibrium. However, if the applicant has barometric pressure and water-level data to indicate that the change in static levels is due to changes in barometric pressure, the applicant can submit these data in lieu of delaying the pumping test.
[i] 
The pump and discharge pipe shall be equipped with an orifice/manometer apparatus and calibrated flow meter to instantaneously measure flow rate and determine total volume pumped from the well. 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.
[j] 
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 pumping test plan. The flow rate should 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. At a minimum, the flow rate for the test should be equal to 120% of the flow rate required to satisfy the average daily demand.
[k] 
Water-level measurements during the pumping phase of the test shall be collected in accordance with Table 2. This same schedule shall be followed for the recovery phase of testing upon shut down of the pump in the test well.
Table 2: Frequency of Water-Level Measurements in Wells During and After Aquifer Testing
Time Since Pumping Began or Stopped
Test Well
(minutes)
Observation Wells
(minutes)
0 to 5 minutes
0.5
0.5
5 to 10 minutes
1
1
10 to 30 minutes
2
2
30 to 60 minutes
5
5
60 to 120 minutes
10
10
2 to 8 hours
30
30
8 to 24 hours
60
60
24 or more hours
120
120
[l] 
If the water levels in the observation wells and test well do not fully recover to static (prepumping) levels within a length of time since pumping stopped equal to the length of pumping, the test will be deemed to have failed unless adequate data can be provided to ensure that the aquifer is of sufficient extent to prevent the mining of groundwater.
[m] 
Groundwater samples should be collected during the pumping test from the pumping well. The samples should be collected in accordance with the NJDEP Field Procedures Manual. At a minimum, the samples should be analyzed by a NJDEP certified laboratory for hardness, iron, manganese, copper, lead, nitrate, ammonia, chloride, and coliform bacteria. In addition, field measurements of pH, conductivity, and total dissolved solids should be made with calibrated instruments. If site conditions indicate potential historic uses of pollutants such as heavy metals, pesticides, herbicides, volatile organic compounds, and/or semivolatile organic compounds, these analyses should be conducted. Based on past historical operations at the site or at nearby properties, the Planning Board, at its discretion, may require additional analyses of groundwater to assess potential future and current impacts. The results of the water sample analyses will be used to assess background water quality.
[n] 
The Township may elect to have a person of its choosing monitor the aquifer test at the expense of the developer.
(b) 
Adjacent properties. The observation wells shall be placed to determine whether the cone of depression from the pumping well will extend beyond the subdivision boundary in any direction. This shall be determined by actual measurements or from projecting the drawdown based on observation well data. If the wells are in use, they should be allowed to stabilize before the pumping test begins. A minimum of two water level measurements shall be collected from each well before the test. 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.
(c) 
Hydrogeologic report.
[1] 
A hydrogeologic report shall be provided with each major subdivision application. The report shall document the design and implementation of the aquifer test. The report shall include all water level data collected during the three phases of testing, the 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. The report shall also evaluate and draw conclusions from the aquifer test based on data collected and evaluation of available information concerning geologic conditions. The report shall include a detailed hydrogeologic description of the aquifers encountered beneath the site and adjacent properties. 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 dwelling unit density, and size of dwelling units. An inventory of all wells within 1,000 feet of the proposed subdivision boundaries should be appended. Figures depicting site geology, topography, water-level elevations, and plans shall be included.
[2] 
In addition, all water-quality sampling data including copies of the laboratory reports should be provided with the hydrogeologic report. Tables summarizing the analytical results should be included.
[3] 
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.
[4] 
The hydrogeologic report shall be prepared and signed by a qualified hydrogeologist using applicable sections of GSR 29 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 should provide a resume or curriculum vitae to document education and experience requirements.
[5] 
The hydrogeologic report shall include the name and license number of the well driller and pump installer. The report should include the names of the persons and firm responsible for collecting the water-level measurements. In addition, the report should include copies of the completed NJDEP well records.
[6] 
The aquifer test and analysis shall be deemed to have failed if such test cannot demonstrate to the satisfaction of the Planning Board that sufficient groundwater supply exists to supply water via wells at a rate meeting at least the average daily demand for the proposed development. 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 the impact on adjacent properties based on the actual condition of wells in that zone.
[7] 
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 proposed subdivision shall have failed the aquifer test. In the event of a failed aquifer test, because a drawdown of five feet or more is noted in any existing adjacent property well or is projected at any property boundary, either the applicant should decrease the number of lots to lessen demand or demonstrate to the satisfaction of the Planning Board that the impacts will not significantly reduce yields to existing and future wells.
(2) 
Aquifer test and analysis for individual lots in a major subdivision of five or fewer lots.
(a) 
Aquifer test. The procedure for testing wells for subdivisions of five or fewer lots shall consist of pumping each of the subdivision wells individually for two hours at a minimum of five gallons per minute (gpm). During the testing of a well, no other subdivision wells shall be operating. After pumping for two hours, the pump shall be shut down and the rate of recovery measured. For the well to pass the test, the pumping rate of five gpm must be maintained for the full two hours and a recovery rate of two gpm must be achieved over the first 30 minutes following shutoff of the pump.
[1] 
In order to provide the necessary data to evaluate the pump test results, the following conditions shall be met:
[a] 
The well shall remain undisturbed for three days following drilling to allow aquifer conditions to stabilize.
[b] 
Water level measurements shall be collected from the well and accessible adjacent wells (within 500 feet) before starting the pumping test.
[c] 
When the pump is turned on, the discharge rate shall be monitored and maintained at a minimum of five gpm. The flow rate must be measured with a calibrated flow meter or orifice/manometer apparatus.
[d] 
Water levels in the pumping well and adjacent observation wells shall be collected according to the schedule in Table 2.[1]
[1]
Editor's Note: Table 2, referred to herein, may be found in Subsection C(1)(a)[13][k].
[e] 
Near the conclusion of the pumping portion of the test, groundwater samples should be collected from the discharge in accordance with the NJDEP Field Procedures Manual. At a minimum, the samples should be analyzed by a NJDEP certified laboratory for hardness, iron, manganese, copper, lead, nitrate, ammonia, chloride, and coliform bacteria. In addition, field measurements of pH, conductivity, and total dissolved solids should be made with calibrated instruments. If site conditions indicate potential historic uses of pollutants such as heavy metals, pesticides, herbicides, volatile organic compounds, and/or semivolatile organic compounds, these analyses should be conducted. Based on past historical operations at the site or at nearby properties, the Planning Board, at its discretion, may require additional analyses of groundwater to assess potential future and current impacts. The results of the water sample analyses will be used to assess background water quality.
[f] 
Immediately after the pump is shut off, water-level recovery shall be measured accordance with Table 2.[2] The recovery rate shall be determined from these water-level recovery measurements for the first 30 minutes after the pump is shut down. The measurements should indicate a flow into the well of at least two gpm over this interval.
[2]
Editor's Note: Editor's Note: Table 2, referred to herein, may be found in Subsection C(1)(a)[13][k].
[g] 
In the event that the well shows little drawdown (less than two feet) during the two-hour pumping portion of the test, pumping may continue in lieu of the recovery rate portion of the test. The minimum requirement for pumping after two hours is that a minimum rate of two gpm be maintained for an additional hour with no increase in drawdown. The recovery of the water level shall still be monitored after the shutoff of the pump.
[h] 
A report summarizing the well construction and aquifer testing shall be submitted to the Planning Board. The report should include the water-level measurements and recovery rate calculations. 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 dwelling unit density, and size of dwelling units.
[i] 
The report should include the well driller's and pump installer's name and license numbers. In addition, the names of the person and firm that measured the water-level drawdown and recovery data, and calculated the recovery rate shall be provided. The report should include a copy of the completed NJDEP well record for all wells within the subdivision.
[j] 
Based on the results of the testing and report, the Township may request additional analyses of the pumping test data to evaluate aquifer characteristics, the potential cone of influence, and potential impacts to other nearby groundwater users.
[i] 
If the test well fails any part of the above test either by failing to maintain a pumping rate of five gpm for two hours or failing to recover at a rate of two gpm after pumping stopped, the well shall be considered unacceptable and the applicant shall either replace the well or deepen the well to intercept additional fractures or add additional well storage. After well replacement or deepening, the entire test procedure shall be repeated on the new or deepened well. If the new or deepened well fails the testing procedure, the lot may, at the discretion of the Planning Board, be classified as unacceptable for development.
(b) 
Adjacent wells. Existing wells within 500 feet of the test well or on adjacent lots shall be identified as observation wells for the test. The applicant shall notify the owners of adjacent lots which contain wells within 500 feet of the test well and such owners shall be given an opportunity to have their wells monitored following the same procedures set forth in Subsection C(1)(a)[13][a] through [c] of this section. In the case where more than three existing wells are located within 500 feet of the well to be tested, only the three nearest accessible wells need to be monitored. 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 nearest wells. If the wells are in use, they should, if possible, be allowed to stabilize before the pumping test begins. One water level measurement shall be collected from each well before the test. 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.
[1] 
If drawdown is measured or projected to be more than one foot at any existing adjacent property well or along the subdivision boundary, the applicant must notify the Township and evaluate the impact on adjacent properties based on the actual condition of wells, the static water level, and the depth of the pump in the existing well. The potential for adverse impacts needs to be evaluated by a hydrogeologist who will investigate the depth, yield, and pumping level of the effected well.
[2] 
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 proposed subdivision shall have failed the aquifer test. In the event of a failed aquifer test because a drawdown of five feet or more is noted in any existing adjacent property well or is projected at any property boundary, either the applicant should decrease the water-supply demand or demonstrate to the satisfaction of the Planning Board that the impacts will not significantly reduce yields to existing and future wells.
(3) 
Aquifer test and analysis for nonresidential use subdivision and/or site plan.
(a) 
Aquifer test.
[1] 
An aquifer-pumping test shall be conducted when a nonresidential use is proposed and will be served by on-site groundwater supply. The pumping rate and total gallons pumped during the pumping test should demonstrate that the needed water is available without detrimental impact on the aquifer or nearby wells.
[2] 
Demand shall be based on N.J.A.C. 7:10-12.6. 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. For demands less than 100,000 gallons per day, the length of the pumping test will equal the greater of the following: a) the volume of water removed from the aquifer is equal to the peak demand; or b) eight hours. The peak demand should be assumed to equal twice the average daily demand. The average daily demand shall be calculated from the projected maximum monthly usage. At a minimum, the pumping rate for the test should be equivalent to 120% of the expected long-term rate.
[3] 
For nonresidential developments with an expected average daily demand between 600 and 1,999 gallons per day, one observation well is required. This well should be within 200 feet of the pumping well. For developments with expected daily demands from 2,000 to 9,999 gallons per day, two observation wells are required. One of these observation wells must be within 200 feet of the pumping well. A second observation well must be within 200 and 500 feet of the pumping well. These two wells should be located along strike of the major water-bearing fractures intersected by the well. If a well(s) on one or more adjacent properties are located within the distance limits above, and these wells can be disconnected for a period of 24 hours prior to and during the entire pumping and recovery phase, these wells can be used for observation in lieu of installing new observation wells.
[4] 
For all other nonresidential developments, three or more observation wells are required. Two of these wells should be located along strike of the major water-bearing fractures intersected by the well. Additional observation wells should be located to evaluate potential secondary fractures and impacts to adjacent properties. The number of observation wells should be in accordance with Table 3.
Table 3: Aquifer Test Requirements for Nonresidential Developments
Average Demand
(gallons per day)
Number of Observation Wells
600 to 1,999
1
2,000 to 9,999
2
10,000 to 99,999
5 (at least two on-site observation wells)
100,000 or more
Obtain NJDEP water allocation permit
[5] 
The observation wells and test well must have a geologic log describing the depth and types of soils and rocks encountered and the depth and approximate yields of water-bearing fracture zones. The observation wells should be completed to a similar depth as the test well.
[6] 
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). The aquifer test shall be conducted according to the following procedure:
[a] 
Owners of existing wells on lots located within 500 feet of the nonresidential development's property boundary shall be given an opportunity to have their wells monitored during the aquifer test. Such opportunity shall be given by the applicant by notice via certified mail and shall give the time and place of the well pumping test. Furthermore, 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 site boundaries. If the owner of the lot within 500 feet of the site boundaries decides to participate by agreeing to have their existing well monitored, they shall notify the applicant by certified mail. Such response shall be provided within seven days of receipt of the certified notice from the applicant. If the applicant receives no response within the time provided, the response shall be deemed to be negative.
[b] 
If the owner of a lot within 500 feet of the subdivision boundaries is to have his existing well monitored, the applicant shall bear full responsibility for protection of the well against contamination and shall return the well to its premonitoring condition to the satisfaction of the lot owner.
[c] 
In the case when more than three property owners within 500 feet of the nonresidential development's property boundaries decide to participate and to have their existing wells monitored, only three nearest to the test well need be monitored. 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 nearest wells.
[d] 
Prior to conducting an aquifer test, the applicant shall submit the design of such aquifer test, including the location of wells to be monitored on adjacent lots and qualifications of the persons and firm who will be performing the test for review by the Township. In the case where the nonresidential development to be served by a single on-site well with an average daily water demand of 600 to 1,999 gallons is unable to secure approval to monitor wells on adjacent lots, the applicant may design their aquifer test using recognized techniques to estimate approximate values of aquifer characteristics in lieu of installing an observation well on the property. The applicant shall submit an escrow fee of $500 along with the design of the aquifer test. The purpose of the escrow fee is to cover the cost of Township review of the proposed aquifer test. Such review may include submission of such design to a qualified hydrogeologist representing the Township for review and recommendations.
[e] 
The pumping test will be comprised of three phases. 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, at a minimum, be the same length as the pumping phase.
[f] 
If at all possible, the pumping test (all three phases) should not be conducted during precipitation events. 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.
[g] 
The background phase includes allowing the test well and observation wells to stabilize for a minimum of three days before the test. At a minimum, water levels should be collected from the test well and observation wells 24 hours and one hour 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.
[h] 
On the day of the pumping phase, water levels shall be collected from all wells. For those wells showing a change of more than 0.1 foot, a second round of measurements shall be collected before starting the test. Additional rounds of measurements may be necessary to determine that the well is in equilibrium. However, if the applicant has barometric pressure and water-level data to indicate that the change in static levels is due to changes in barometric pressure, the applicant can submit these data in lieu of delaying the pumping test.
[i] 
The pump and discharge pipe shall be equipped with an orifice/manometer apparatus and calibrated flow meter to instantaneously measure flow rate and determine total volume pumped from the well. 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.
[j] 
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 pumping test plan. The flow rate should 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. At a minimum, the flow rate for the test should be equal to 120% of the flow rate required to satisfy the average daily demand.
[k] 
Water-level measurements during the pumping phase of the test shall be collected in accordance with Table 4. This same schedule shall be followed for the recovery phase of testing upon shut down of the pump in the test well.
Table 4: Frequency of Water-Level Measurements After Aquifer Testing
Time Since Pumping Began or Stopped
Test Well
(minutes)
Observation Wells
(minutes)
0 to 5 minutes
0.5
0.5
5 to 10 minutes
1
1
10 to 30 minutes
2
2
30 to 60 minutes
5
5
60 to 120 minutes
10
10
2 to 8 hours
30
30
8 to 24 hours
60
60
24 or more hours
120
120
[l] 
If the water levels in the observation wells and test well do not fully recover to static (pre-pumping) levels within a length of time since pumping stopped equal to the length of pumping, the test will be deemed to have failed unless adequate data can be provided to ensure that the aquifer is of sufficient extent to prevent the mining of groundwater.
[m] 
Groundwater samples should be collected during the pumping test from the pumping well. The samples should be collected in accordance with the NJDEP Field Procedures Manual. At a minimum, the samples should be analyzed by a NJDEP certified laboratory for hardness, iron, manganese, copper, lead, nitrate, ammonia, chloride, and coliform bacteria. In addition, field measurements of pH, conductivity, and total dissolved solids should be made with calibrated instruments. If site conditions indicate potential historic uses of pollutants such as heavy metals, pesticides, herbicides, volatile organic compounds, and/or semivolatile organic compounds, these analyses should be conducted. Based on past historical operations at the site or at nearby properties, the Planning Board, at its discretion, may require additional analyses of groundwater to assess potential future and current impacts. The results of the water sample analyses will be used to assess background water quality.
[n] 
The Township may choose to have a person of its choosing monitor the aquifer test at the expense of the developer.
(b) 
Adjacent properties. The observation wells shall be placed to determine whether the cone of depression from the pumping well will extend beyond the subdivision boundary in any direction. This shall be determined by actual measurements or from projecting the drawdown based on observation well data. If the wells are in use, they should be allowed to stabilize before the pumping test begins. A minimum of two water level measurements shall be collected from each well before the test. 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.
(c) 
Hydrogeologic report.
[1] 
A hydrogeologic report shall be provided with each nonresidential use subdivision/site plan application. The report shall document the design and implementation of the aquifer test. The report shall include all water-level data collected during the three phases of testing, the 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. The report shall also evaluate and draw conclusions from the aquifer test based on data collected and evaluation of available information concerning geologic conditions. The report shall include a detailed hydrogeologic description of the aquifers encountered beneath the site and adjacent properties. 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 dwelling unit density, and size of dwelling units. An inventory of all wells within 1,000 feet of the proposed subdivision boundaries should be appended. Figures depicting site geology, topography, water-level elevations, and plans shall be included.
[2] 
In addition, all water-quality sampling data including copies of the laboratory reports should be provided with the hydrogeologic report. Tables summarizing the analytical results should be included.
[3] 
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 the on-site water supply well and/or septic leach field, a detailed assessment of treatment technologies should be included. The treatment technologies should provide adequate assurances that any and all groundwater pumped from the well will satisfy federal and New Jersey drinking water standards and will not be adversely impacted by the septic leach field discharges.
[4] 
The hydrogeologic report shall be prepared and signed by a qualified hydrogeologist using applicable sections of GSR 29 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 should provide a resume or curriculum vitae to document education and experience requirements.
[5] 
The hydrogeologic report shall include the name and license number of the well driller and pump installer. The report should include the names of the persons and firm responsible for collecting the water-level measurements. In addition, the report should include copies of the completed NJDEP well records.
[6] 
The aquifer test and analysis shall be deemed to have failed if such test cannot demonstrate to the satisfaction of the Planning Board that sufficient groundwater supply exists to supply water via wells at a rate meeting at least the average daily demand for the proposed development. If the drawdown is measured or projected to be more than one foot at any existing adjacent property well or along the nonresidential subdivision/site plan boundary, the applicant's hydrogeologist must evaluate the impact on adjacent properties based on the actual condition of wells in that zone.
[7] 
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 proposed subdivision shall have failed the aquifer test. In the event of a failed aquifer test, because a drawdown of five feet or more is noted in any existing adjacent property well or is projected at any property boundary, either the applicant should decrease the average daily demand or demonstrate to the satisfaction of the Planning Board that the impacts will not significantly reduce yields to existing and future wells.