§ 175-137. Water quality.

   A.   All development permitted under this chapter shall be designed and carried out so that the quality of surface and groundwater will be protected and maintained. Agricultural use shall not be considered development for purposes of this section.

   B.   Except as specifically authorized in this section, no development which degrades surface or ground water quality or which establishes new point sources of pollution shall be permitted.

[Amended 4-10-1989 by Ord. No. 7-1989]

   C.   No development shall be permitted which does not meet the minimum water quality standards of the State of New Jersey or the United States.

   D.   The following point and nonpoint sources may be developed and operated in the town:

[Amended 4-10-1989 by Ord. No. 7-1989; 6-12-1989 by Ord. No. 19-1989]

      (1)   Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities, or the development of new or the extension of existing nonpoint sources, except those specifically regulated in Subsections D(2) through (6) below, provided that:

[Amended 7-28-1997 by Ord. No. 10-1997]

         (a)   There will be no direct discharge into any surface water body;

         (b)   All discharges from the facility or use are of a quality and quantity such that groundwater exiting from the parcel of land or entering a surface body of water will not exceed two parts per million nitrate/nitrogen;

         (c)   All public wastewater treatment facilities are designed to accept and treat septage; and

         (d)   All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.

      (2)   Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection D(1)(b) above, provided that

         (a)   There will be no direct discharge into any surface water body;

         (b)   The facility is designed only to accommodate wastewater from existing residential, commercial and industrial development;

         (c)   Adherence to Subsection D(1)(b) above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees; and

[Amended 7-28-1997 by Ord. No. 10-1997]

         (d)   The design level of nitrate/nitrogen attenuation is the maximum possible within the cost limitations imposed by such user fee guidelines but in no case shall groundwater exiting from the parcel or entering a surface body of water exceed five parts per million nitrate/nitrogen.

[Amended 7-28-1997 by Ord. No. 10-1997]

      (3)   Improvements to existing commercial, industrial, and wastewater treatment facilities which discharge directly into surface waters, provided that:

         (a)   There is no practical alternative available that would adhere to the standards of Subsection D(1)(a) above;

[Amended 7-28-1997 by Ord. No. 10-1997]

         (b)   There is no increase in the existing approved capacity of the facility; and

         (c)   All discharges from the facility into surface waters are such that the nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per million. In the event that nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two parts per million, the discharge shall not exceed two parts per million nitrate/nitrogen.

      (4)   Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:

[Amended 7-28-1997 by Ord. No. 10-1997]

         (a)   The proposed development to be served by the system is other wise permitted pursuant to this chapter;

         (b)   The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection D(4)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 175-145E(10) or 175-145J;

         (c)   Only contiguous land located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, or nonresidential development on a lot of five acres or less existing as of January 14, 1981;

[Amended 3-25-2002 by Ord. No. 12-2002]

         (d)   The depth to seasonal high-water table is at least five feet;

         (e)   Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;

         (f)   The system will be maintained and inspected in accordance with the requirements of N.J.A.C. 7:50-6.85(a);

         (g)   The technology has been approved for use by the New Jersey Department of Environmental Protection; and

         (h)   Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.

      (5)   Individual on-site septic waste water treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:

[Amended 7-28-1997 by Ord. No. 10-1997]

         (a)   The standards set forth in Subsection D(4)(a) and (c) through (h) above are met;

         (b)   If the proposed development is nonresidential, it is located:

[Amended 3-15-2001 by Ord. No. 14-2001; 11-19-2018 by Ord. No. 42-2018]

            [1]   In a Pinelands Town management area; or

            [2]   In a Pinelands Forest Area or Agricultural Production Area, provided that the standards of N.J.A.C. 7:50-6.84(a)5iii(2) are met.

         (c)   The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection D(4)(c) above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 175-144E(10) or 175-144J.

      (6)   Surface water runoff, provided that the requirements of Article XVII (Stormwater Management) of this Chapter are met.

[Added 7-28-1997 by Ord. No. 10-1997; amended 8-28-2023 by Ord. No. 14-2023]

      (7)   Alternate design pilot program treatment systems, provided that:

[Added 5-27-2003 by Ord. No. 7-2003; amended 11-19-2018 by Ord. No. 42-2018]

         (a)   The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this subsection;

         (b)   The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Subsection D(7)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to §§ 175-145E(10) or 175-145J;

         (c)   Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution proposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;

         (d)   The depth to seasonal high water table is at last five feet;

         (e)   Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which came the well shall be cased to at least 50 feet;

         (f)   No more then 10 alternate design pilot program treatment systems utilizing the same technology shall be installed in the development of any parcel if those systems are each serving one single-family dwelling;

         (g)   Each system shall be equipped with automatic dialing capability to the manufacturer or its agent in the event of a mechanical malfunction;

         (h)   Each system shall be designed and constructed so that samples of effluent leaving the alternate design pilot program septic system can be readily taken to confirm the performance of the technology;

         (i)   The manufacturer or its agent shall provide to each owner an operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;

         (j)   Each system shall be covered by a five-year warranty and a minimum five-year maintenance contract consistent with those approved pursuant to N.J.A.C. 7:50-10.22(a)2v that cannot be cancelled and is renewable and which includes a provision requiring that the manufacturer or it agent inspect the system at least once a year and undertake any maintenance or repairs determined to be necessary during any such inspection or as a result of observations made at any other time; and

         (k)   The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual requited in Subsection D(7)(i) above, and grants access, with reasonable notice, to the local Board of Health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system;

   E.   Water-saving devices such as water-saving toilets, showers and faucets shall be installed in all new developments.

   F.    21 Commercial petroleum tanks within the Pinelands Area shall be inspected and maintained in accordance with N.J.A.C. 7:50-6.85(c).

   G.   The storage and use of chemicals and materials within the Pinelands Area shall comply with the requirements of N.J.A.C. 7:50-6.87.

   H.   Interbasin transfer of water between watersheds shall be avoided in accordance with N.J.A.C. 7:50-6.86. Water shall not be exported from the Pinelands except as otherwise provided in N.J.S.A. 58:1A-7.1.

[Amended 4-10-1989 by Ord. No. 7-1989]

 

Notes

21	21.   Editor's Note: Former Subsection F, regarding storage or discharge of hazardous waste, as amended 4-10-1989 by Ord. No. 7-1989, was repealed 7-28-1997 by Ord. No. 10-1997.