[HISTORY: Adopted by the Township Council of the Township of Washington 12-22-2004
by Ord. No. 31-2004.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Flood damage prevention — See Ch. 96.
Hazardous waste — See Ch. 112.
Land use procedures — See Ch. 125.
Site plan review — See Ch. 199.
Subdivision of land — See Ch. 220.
Zoning — See Ch. 285.
[1]
Editor's Note: This ordinance superseded former Ch. 273, Wellhead
Protection, adopted 8-21-2000 by Ord. No. 15-2002.
A.
Title. This chapter shall be known as the "Wellhead Protection
Overlay District Ordinance."
B.
Findings. The following findings establish the basis
for this chapter:
(1)
Protection of water resources is an objective of the
New Jersey Development and Redevelopment Plan.
(2)
Protection of water resources is an objective of the
New Jersey Source Water Assessment Plan, developed pursuant to the Federal
Safe Drinking Water Act.
(3)
The source of all water used as drinking water in Washington
Township is groundwater.
(4)
Groundwater is vulnerable to contamination from certain
uses of or activities on land, and once contaminated, groundwater, in general,
is difficult and expensive to clean. If groundwater becomes very contaminated,
it may be necessary to locate alternative sources of drinking water.
(5)
In the interest of safeguarding drinking water sources,
protecting the health of the public and protecting the economic interest of
the community in its drinking water supply, it is prudent to prevent contamination
of groundwater by regulating or prohibiting certain land uses or activities.
(6)
The Washington Township Planning Board has prepared a
reexamination report and adopted a Master Plan revision pursuant to N.J.S.A.
40:55D-89 by Resolution 04-27, dated May 13, 2004, and in part has recommended
protection of drinking water sources by developing a wellhead protection ordinance
and incorporating a wellhead protection area map as part of the Master Plan.
As a result, this chapter amending any zoning classification or boundary,
is part of the Planning Board's recommendations in a periodic general
reexamination of its Master Plan.
C.
Purpose. The purpose of the Wellhead Protection Overlay
District is to protect public health, welfare and safety of the citizens and
institutions that are customers of the Washington Township Municipal Utilities
Authority (WTMUA) and community water systems in neighboring communities,
by regulating the land use and the storage, handling, use and/or production
of hazardous substances and hazardous wastes within wellhead protection areas
for existing and proposed municipal wells. The intent of this chapter is to
protect community water supplies from contamination. This chapter is also
meant to encourage coordinated protection efforts with neighboring municipalities.
As used in this chapter, the following terms shall have the meanings
indicated:
The Washington Township Planning Board or Zoning Board.
All substances, elements or compounds, excluding petroleum products,
designated under 40 CFR 116 pursuant to Section 311 of the Federal Water Pollution
Control Act Amendments of 1972 (Clean Water Act), the Spill Compensation and
Control Act, N.J.S.A. 58:10-23.11 et seq., as amended, or the New Jersey Water
Pollution Control Act, N.J.S.A. 58:10A-1, et seq. Sewage and sewage sludge
shall be considered hazardous substances for the purposes of this section.
Any solid waste that is defined or identified as a hazardous waste
pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E et seq., N.J.A.C.
7:26-8 or 40 CFR Part 261, but specifically excluding petroleum products.
The area, described in plan view around a well, from which groundwater
is reasonably likely to flow to the well within two years. It extends from
the well to the boundary established to represent the two-year time of travel.
The area, described in plan view around a well, from which groundwater
is reasonably likely to flow to the well within five years. It extends from
the perimeter of Tier 1 to the boundary representing the five-year time of
travel.
The area, described in plan view around a well, from which groundwater
is reasonably likely to flow to the well within 12 years. It extends from
the perimeter of Tier 2 to the outer boundary representing the twelve-year
time of travel.
The area, within the corporate boundaries of the Township and described
in plan view around a well, from which groundwater is reasonably likely to
flow to the well and through which groundwater pollution, if it occurs, is
reasonably likely to pose a significant threat to the water quality of a well.
Wellhead protection areas consist of three tiers, corresponding to areas,
on average, from which groundwater flows to a well in two years (Tier 1),
five years (Tier 2) and 12 years (Tier 3). These areas are delineated by the
New Jersey Geological Survey of the New Jersey Department of Environmental
Protection. A map of the wellhead protection areas is included as part of
this chapter and is included in the Master Plan revision adopted by the Planning
Board on May 13, 2004.[2] The map described shall be considered superimposed over any other
established zoning district. Land in the wellhead protection area may be used
for any purpose permitted in the underlying district, subject to the additional
restrictions listed herein.
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
[2]
Editor's Note: Said map is on file in the Township offices.
A.
This chapter applies to all land uses and activities located or proposed within the areas designated as wellhead protection areas on an overlay district map entitled "Wellhead Protection Area Delineation," attached hereto, prepared by Richard A. Alaimo Association of Engineering with last revision date of June 20, 2002, adopted by the Planning Board as part of the Master Plan dated May 13, 2004, and as defined in § 273-2.[1]
[1]
Editor's Note: Said map is on file in the Township offices.
B.
It shall be the responsibility of any persons owning
real property and/or owning or operating a business within Washington Township
to make a determination of the applicability of the wellhead protection area
delineation as it pertains to the property and/or business under his ownership
or operation, and his failure to do so shall not excuse any violations of
this chapter.
C.
Where the boundary of any tier within a wellhead protection
area delineation divides any property, respective portion(s) of the property
shall be considered to lie within the corresponding tier or tiers defined
in the wellhead protection area delineation.
The permitted uses within the wellhead protection area delineation shall
be those of the underlying zoning district, except those uses that are regulated
land uses.
A.
As of the date of adoption of this chapter, within the wellhead protection area delineation, certain land uses shall be considered regulated land uses, and shall be prohibited in Tiers 1, 2, 3 or may be permitted only by a conditional use approval by the Planning Board, according to Exhibit A[1] attached hereto, even if they are permitted uses in the underlying
zoning district.
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
B.
The uses prohibited in the wellhead protection area delineation
Tiers 1, 2 or 3, or that may be allowed by a conditional use approval by the
Planning Board, represent the state of knowledge and most common description
of said uses. To screen for uses, no use shall be permitted in this District
without first submitting its site and operational plans to the Washington
Township Environmental Commission (WTEC) and Washington Township Environmental
Engineer for review and Planning Board for review and approval.
A.
Uses of land in existence on the date of adoption of
this chapter that are regulated land uses shall be deemed to be nonconforming
uses of land under this chapter. Such nonconforming uses may continue by the
present or any subsequent owners so long as:
(1)
Such nonconforming use has not been and is not abandoned
for a period of 12 consecutive months;
(2)
Such nonconforming use is not, after the date of adoption
of this chapter, materially altered, changed or expanded; and
(3)
Such nonconforming use is not an actual known source
of groundwater contamination.
B.
A regulated land use which is prohibited or allowed by
a conditional use approval approved by the Planning Board shall be deemed
to be new or materially altered, changed or expanded if:
(1)
The regulated land use was not previously present and
conducted upon the lot or tract of land in question;
(2)
The production and/or storage capacity of the regulated
land use is increased;
(3)
The types of any substances which give rise to the use
being a regulated land use are changed;
(4)
The number or types of substances which give rise to
the use being a regulated land use are increased; and/or
(5)
The quantity of any substances which give rise to the
use being a regulated land use is materially increased.
C.
Any land use that is allowed as a result of granting
a conditional use approval approved by the Planning Board in accordance with
the terms of this chapter shall not be deemed to be a nonconforming land use
under this chapter.
A.
Conditional use approval from the Planning Board shall
be required to conduct any new regulated land use or any proposed material
change, alteration or expansion of a nonconforming regulated land use within
an applicable tier of the wellhead protection area. The conditional use approval
shall be granted provided that:
(1)
Such regulated land use is specifically authorized as a conditional use in the wellhead protection area delineation tier in question in Exhibit A[1];
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
(2)
Such regulated land use will not, during or after construction,
cause degradation of groundwater quality upon or beneath the lot in question,
or upon or beneath adjacent lots; and
(3)
Satisfactory evidence has been provided to the appropriate
authority that the proposed regulated land use is in compliance with all federal,
state and county laws and regulations applicable to such regulated land use
and the owner or operator has received all necessary approvals of federal,
state and county government authorities for the conduct of such regulated
land use.
B.
Application for a conditional use approval may be made
to the Planning Board in writing on such form as may be prescribed by the
Planning/Zoning Office, and such application shall include, at a minimum,
a detailed description of each of the activities to be conducted upon the
lot in question which constitute a regulated land use, including a listing
of all hazardous substances and hazardous wastes which are to be stored, handled,
used or produced in connection with each regulated land use being proposed.
C.
Any application for conditional use approval shall be
immediately referred to the WTEC and the WTMUA for their respective review
and recommendation of approval or disapproval. Failure of the WTEC or WTMUA
to provide a recommendation within 45 days, provided that the WTEC and WTMUA
each receive two copies of the application at least 10 days in advance of
a regularly scheduled meeting, shall be deemed a recommendation by that body
for approval. In the event that the WTEC or WTMUA recommends denial of an
application or requests additional information with respect to the application,
they shall specify in writing the reason(s) for their actions. The Planning
Board shall review and consider the recommendations of the WTEC and WTMUA,
and those recommendations shall be made part of the record before the Planning
Board.
D.
The Planning Board shall issue a written determination
approving or disapproving the application for conditional use approval upon
adherence to any or all of the following requirements by the applicant for
the conditional use approval, where such requirements are deemed necessary
to fulfill the groundwater protection objectives of this chapter:
(1)
The installation of adequate containment facilities and
systems so as to prevent groundwater contamination;
(2)
The preparation, filing and periodic revision of any
emergency plan addressing means to control, collect and remediate any potential
contamination of groundwater, including emergency contacts and identification
of potential contaminants;
(3)
Regular inspection and/or monitoring by the owner or
operator or Zoning Officer or his designee and/or third parties of the regulated
land use; and
(4)
Compliance by the applicant with all other provisions
of this chapter.
The area and bulk regulations within the Wellhead Protection Overlay
District shall be those of the underlying zoning district.
In addition to the consideration of the use requirements and/or restrictions
described above, the approving authority may require the applicant to submit
additional information related to groundwater quality and protection as part
of the site plan developed and submitted for the parcel, for example, the
nature of materials to be used; expectations for storage of construction materials/debris;
hydrogeologic information; stormwater management; etc.
The approving authority shall not consider any application for a variance
from the provisions of this chapter until the WTEC and the WTMUA have had
an opportunity to review the application and make a written recommendation
to the approving authority. Any application for a variance from this chapter
shall be transmitted to the WTEC and WTMUA, which shall have 45 days from
the filing of the application to review and issue their recommendations. The
application shall be advertised for a public hearing at the next regularly
scheduled voting session of the approving authority following the expiration
of the forty-five-day period.
