Township of Franklin, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Franklin 12-4-1997 by Ord. No. 97-45 (Ch. 130 of the 1988 Code); amended in its entirety 6-23-2005 by Ord. No. 2005-13. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 182.
Subdivision of land and site plan review — See Ch. 310.
Surface water management — See Ch. 316.
Drought emergencies — See Ch. 357, Art. I.

§ 365-1 Short title.

This chapter shall be known as the "Water Supply Ordinance of the Township of Franklin."

§ 365-2 Purpose; authority.

A. 
It has been established in the report entitled "Ground Water Resource Assessment, Franklin Township, Hunterdon County," dated October 1994, revised December 1996, prepared for Franklin Township by Leggette, Brashears and Graham, Inc., that a safe, sustainable groundwater supply for the Township's residences and businesses is limited because the Township's groundwater supply is developed primarily from sole source aquifers and no alternative water sources exist or are planned and because those sole source aquifers are further constrained as a water supply resource by the limited nitrate dilution capability of geologic formations within the Township.
B. 
The purpose of this chapter is to ensure that the development of the Township occurs in a manner that offers the maximum protection of a safe and adequate water supply for existing and prospective residences and businesses. This chapter is designed:
(1) 
To protect the Township's water supply for all residents.
(2) 
To ensure that new wells constructed in the Township will yield a sufficient rate of water which will meet accepted water quality standards.
(3) 
To ensure that new wells do not significantly impact the performance of existing wells.
(4) 
To collect data and information about the groundwater resources of the Township in order to determine the potential and limits of groundwater supplies for existing and new uses.
(5) 
To ensure that prior to issuance of a certificate of occupancy or the issuance of a certificate of occupancy or the issuance of a continuing certificate of occupancy any well providing water for human consumption shall pass a water quality test and any other test as may be required by law and this chapter.

§ 365-3 Incorporation of regulations by reference.

The following laws and associated regulations are incorporated by reference:
A. 
Water Supply Authority Act (N.J.S.A. 58:1B-1 to 58:1B-25).
B. 
Subsurface and Percolating Waters Act (N.J.S.A. 58:4A-4.1 to 58:4A-28).
C. 
Water Pollution Control Act (N.J.S.A. 58:10A-1 to 58:10A-60) and the Realty Improvement Sewerage and Facilities Act (N.J.S.A. 58:11-23 to 58:11-48).
[Amended 10-31-2006 by Ord. No. 2006-12]
D. 
Safe Drinking Water Act (N.J.S.A. 58:12A-1 to 58:12A-25).
E. 
Private Well Testing Act (N.J.S.A. 58:12A-26).
F. 
Health and Vital Statistics (N.J.S.A. 26:3-31.a).

§ 365-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ALTERATION
Any physical change in a well, including, without limitation, deepening, modifications or removal, such that there will be a change in its size, construction or installation or an increase in the pumping capacity of the well. "Alter" shall be construed accordingly. Specifically excluded from this definition is the replacement of pumps of equal or lesser capacity and the installation of pitless adaptors with those of equal or lesser capacity.
APPROVED
Accepted under applicable specifications stated or cited in this chapter or accepted as suitable for the proposed use under the procedures and powers of the administration set forth in this chapter. "Approval" shall be construed accordingly.
AVAILABLE DRAWDOWN
The distance between the static water level either 10 feet above the pump intake level, if a pump has been installed, or 10 feet above the bottom of the well, as measured from the top of the well casing.
DRAWDOWN
The decline in the water level in a well due to the pumping of the subject well or a nearby well. Drawdown is measured relative to the static water level.
INTERFERENCE
The amount of drawdown measured in a well resulting from the commencement of pumping from a nearby well or wells.
MAJOR SUBDIVISION, WELL TEST
A subdivision creating two or more new lots.
MONITORING PRODUCTION WELL
A production well which is installed in such a way that it can both provide domestic potable water and allow monitoring of groundwater resource and water quality.
MONITOR WELL
A well installed specifically for the purpose of groundwater resource and water quality assessments (i.e., a nonsupply well).
NONRESIDENTIAL USE
Any use of a well that is not directly related to the supply of water for domestic use for a realty improvement.
OBSERVATION WELL
A well utilized to obtain water-level measurements during aquifer testing.
POTABLE WATER
Any water used or intended to be used for drinking or culinary purposes.
QUALIFIED HYDROGEOLOGIST
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.
REALTY IMPROVEMENT
Any existing or proposed building or modification thereof the use or occupancy of which requires a water supply system. Each dwelling unit in a multiple dwelling shall be construed to be a separate realty improvement.
REPAIR
To fix, refurbish or replace one or more components of a water supply system in a manner that will restore and preserve the original location, design, construction, installation, and yield of the system.
REPLACEMENT WELL
Any well intended to replace an existing well when the existing well no longer produces an acceptable quantity or quality of water. A replacement well is not a supplemental well installed to increase the water supply for a given realty improvement or for a secondary or accessory use of the property.
RESIDENTIAL AVERAGE DAILY DEMAND
Average daily demand is based on 100 gallons per day per person times the number of bedrooms times two people per bedroom (four-bedroom home equals 800 gallons per day, five-bedroom home equals 1,000 gallons per day).
SECONDARY RESIDENTIAL WELL USE
Well located on a residential site whose primary purpose is for irrigation, filling of swimming pools, or where the residential average daily demand for domestic potable water is less than 60% of the expected demand on the individual well. It shall be specifically identified on the approved plan or site plan, and permanent identification shall be marked on the actual well.
STATIC WATER LEVEL
The water level in a well before or several days after pumping when all local pumping effects on the aquifer have dissipated and the water surface in the well is in equilibrium with pressures in the aquifer.
TEST WELL
A well used to provide groundwater supply development assessment and viability.
TOWNSHIP HEALTH OFFICER
Designated individual meeting all qualifications defined by the state for such role, or the Township's designee.
WELL
A man-made excavation that derives water from fractures and openings of the rock or soils which it taps.
WELL CONSTRUCTION
The drilling, building, assembly or installation of a new groundwater supply system or the enlargement of any existing groundwater supply system by alterations to the existing system in accordance with N.J.A.C. 7:9B. "Well construction" shall be construed accordingly.
WELL RECOVERY
The flow of groundwater into a well from the aquifer following the cessation of pumping.
WELL TEST PLAN
The plan of well testing proposed by an applicant and submitted for approval to the Land Use Board prior to the aquifer testing prescribed by this chapter.
WELL YIELD
The maximum rate at which water can be pumped for a long-term duration from a well under normal hydrological conditions.

§ 365-5 Well permits.

A. 
A state well drilling permit is a prerequisite to the installation or alteration of any water well. No person shall locate, construct, replace or alter any well within the Township until a permit for the location, construction, or alteration of such well has been issued by the State of New Jersey. All work on any well within the Township must be conducted by a licensed well driller in accordance with N.J.A.C. 7:9B.
B. 
A Township well drilling permit is a prerequisite to the installation or alteration of any water well within the Township. A state well drilling permit is a prerequisite for the Township permit.
C. 
State and Township well permits are a prerequisite to the installation or alteration of any well for an aquifer test. The Township Land Use Board will determine the pass/fail results of all aquifer tests described in this chapter.

§ 365-6 Well certification for residential wells.

A. 
Prior to the issuance of a building permit, all new or altered wells constructed in the Township must be certified and approved by the Township Health Officer. Certification shall be contingent upon successful conclusion of all well and water quality testing prescribed by this chapter.
B. 
Certification prior to issuance of a building permit requires the following:
(1) 
NJDEP well permit.
(2) 
NJDEP well completion report.
(3) 
Well pump specifications (if not included on well completion report).
(4) 
Passing well yield test as per § 365-9
(5) 
Passing water quality analysis as per NJDEP Private Well Testing Act (N.J.S.A. 58:12A-26).
C. 
If a well test is required as part of the Land Use Board checklist for major subdivision - well test residential subdivisions, the aquifer test plan must be approved by the Land Use Board prior to the well test. The Land Use Board shall certify the results of the aquifer test for site plan approval, as prescribed in this chapter. Data collected by the applicant as part of the aquifer test can be used for well certification by the Township Health Officer. Therefore, a separate test of the well(s) pumped for the aquifer test is not required.

§ 365-7 Aquifer test and analysis intent, applicability and waiver.

A. 
Intent.
(1) 
An aquifer test and analysis as set forth in § 365-8 shall be conducted as part of a preliminary plat application of a major subdivision of three new building lots or more which will be served by on-site wells.
(2) 
An aquifer test and analysis as set forth in § 365-9 shall be conducted as part of a preliminary plat application for the subdivision of two new building lots or fewer and for minor site plans and for well certifications.
(3) 
An aquifer test and analysis as set forth in § 365-10 shall be conducted as part of a preliminary plat application for a nonresidential preliminary site plan, or for new wells for secondary residential uses, or for any new well which will use 5,000 gallons of water per day (gpd) or more, or for an increase in water demand equal to 5,000 gallons per day (gpd) or more from an existing well.
B. 
Applicability. 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 chapter except for the state well drilling permit. However, the installation of any well with the primary purpose of irrigation, filling of swimming pools, or for any purpose other than to serve as the sole source of drinking water for a residence must satisfy the requirements of Subsection D below and § 365-10. A well installed for irrigation, filling of swimming pools, recreational use or any purpose other than providing the sole source of drinking water is considered to serve a nonresidential use.
C. 
Waiver. If an applicant can show that given the expected average daily demand and distance to other nearby wells, the proposed development will not induce drawdown in any existing or future wells adjacent to the boundaries of the proposed development, or any existing or future wells within the proposed development, then the applicant can request a waiver from the Land Use Board for all or some of the requirements of this chapter.
D. 
Aquifer test and analysis.
(1) 
The testing procedures for a major subdivision or site plan 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 Franklin Township and surrounding municipalities, stereo pairs of aerial photographs, reports referenced in § 365-2 and New Jersey Geological Survey (NJGS) Special Report No. 24. 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 as defined in this chapter. A geologic and hydrogeologic report containing appropriate maps, well logs, pump test data and monitoring well data and complying with the requirements of §§  365-8, 365-9 and 365-10 shall be prepared and submitted. Prior to conducting any aquifer test, a preliminary hydrogeologic evaluation and the design of the aquifer test(s) shall be submitted for review and approval by the Land Use Board.
(2) 
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.

§ 365-8 Aquifer test and analysis for major subdivision - well test.

A. 
Intent.
(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 will be conducted in three phases, which are the background phase, the pumping phase, and the recovery phase. 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 development.
(2) 
If the proposed site is underlain by two or more geologic formations, then an aquifer test will be required for each portion of the site underlain by each formation. The test requirements for each formation will depend on the number of lots and size of units per formation.
(3) 
In the event that the preliminary hydrogeologic evaluation indicates that a surface water and/or groundwater divide separates the site, an aquifer test will be required for each side of the divide.
(4) 
The average daily and average yearly water demand for the proposed development 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 phase adequately stresses the aquifer, the volume and length of the pumping phase will be equal to the following: a) the volume of water removed from the aquifer is equal to the residential average daily demand multiplied by a factor of two for peak demand (e.g., 10 four-bedroom dwelling units times a peak day demand of 1,600 gallons per unit equals 16,000 gallons); b) minimum test duration will be eight hours. The pumping phase should simulate peak-day demand and therefore, the pumping phase duration is not to extend more than 24 hours. The minimum pumping rate is calculated by dividing the peak-day demand by 1,440 minutes per twenty-four-hour period.
(6) 
For mixed developments containing both residential and nonresidential properties, the residential portion to be subdivided will be tested as described above for residential developments. Each proposed well for the commercial portions in a residential site plan will be tested as described in § 365-10 for nonresidential site plans. In addition, wells installed for the residential portion can and 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.
(7) 
For any nonresidential use proposed within the site plan, demand should be determined based on N.J.A.C. 7:10-12.6 or in consultation with the County Agricultural Extension Agent. 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 an aquifer test should be conducted for the projected nonresidential demand in accordance with § 365-10 of this chapter. The length of the pumping phase of a nonresidential use aquifer test will equal to the greater of the following: a) The volume of water removed from the aquifer is equal to the peak-day demand; or b) eight hours. The pumping phase should simulate peak-day demand and therefore, the pumping phase duration is not to extend more than 24 hours. The peak-day demand should be assumed equal to twice the average daily demand.
(8) 
The number of observation wells required per aquifer test will depend on the number of dwelling units and/or commercial units for the proposed development. New and existing monitoring wells may be installed 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 regional bedding and/or fractures and those 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 1,000 gallons per day, an observation well is not required. For nonresidential developments with an expected average daily demand 1,000 gallons per day or more, but less than 5,000 gpd, an observation well is required. This well should be within 200 feet of the pumping well. For all other nonresidential developments, two or more observations 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 to 500 feet of the pumping well. These two wells should be located along strike of the formation bedding and/or major regional fractures and those 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 on historical aerial photography showing the location and orientation of fractures beneath the site must be included with the aquifer test plan. This same analysis with additional information regarding septic system location must be included in the final report. This fracture trace analysis should be used to identify all observation wells, which should be located along strike of the primary geologic fractures/structures on and near the property.
(11) 
Residential subdivisions which cannot be classified as a major subdivision - well test shall conduct an aquifer test on each well as outlined in § 365-9. For residential major subdivisions - well test, the required minimum number of observation wells shall be as shown in Table 1.
Table 1
Number of Observation Wells Required for Residential Subdivisions
No. of Proposed Lots
No. of Observation Wells
Number of Wells (including observation2)
1
Not required (single home)
1 (the test well)
2
Adjacent well (two houses)
2
3 to 15
3 (minimum of 2 new wells within proposed subdivision)
4
16 to 25
4 (minimum of 2 new wells within proposed subdivision)
5
26 to 49
6 (minimum of 4 new wells within proposed subdivision)1
7
50 or more
Test proposal submitted to Land Use Board and NJDEP for review and approval
NOTES:
1
If wetlands are present on the site, one observation well must be set within the first water-bearing unit between the wetland and the test well utilized.
2
Column represents minimum number of wells subject to specification of the approved aquifer test plan.
(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, except as noted above for subdivisions of 26 to 49 homes. 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 to 500 feet of the pump well. Additional observation wells should be located to evaluate potential secondary fractures and impacts to adjacent properties. If one of the observations wells is not used as a residential supply well, that well can be deeded over to the Township for use as a monitoring well.
(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 or most recent edition) or successor document. 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 aquifer test. An example letter is included in Appendix A.[1] 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.
[1]:
Editor's Note: Appendix A is on file in the Clerk's office.
(b) 
All reasonable efforts shall be made to protect the portability of water from the monitored well.
(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 the 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. A map depicting the location of all wells to be monitored and a list of all property owners within 500 feet of the subdivision boundary that requested monitoring is to be submitted to the Planning Board for review and approval prior to implementing the test.
(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 addition, appropriate escrow funds as defined in Chapter 310 shall be established with the Township. Such review may include submission of such design to a qualified hydrogeologist retained by the Board for review and recommendations. The Board may consider the comments and recommendations of the Board's hydrogeologist prior to approving the aquifer test plan. A fracture trace analysis showing the location and orientation of fractures beneath the site must be included with the aquifer test plan. This same analysis with additional information regarding septic system locations must be included in the final report. This fracture trace analysis should be used to identify all observation wells, which should be located along strike of the primary geologic fractures/structures on and near the property.
(e) 
The aquifer 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 shutdown. This third phase of the test should be, at a minimum, the same length as the pumping phase.
(f) 
The aquifer test (all three phases) shall not be conducted during a precipitation event or events in which total precipitation exceeds 0.5 inches. If precipitation occurs during the test, the applicant should provide precipitation amounts and sufficient data to show that the precipitation did not recharge the aquifer during the test and adversely impact the testing results. If precipitation amounts exceeding 0.5 inches are recorded, the test must be repeated.
(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 measured each hour from the test well and observation wells for a twenty-four-hour period prior to the start of pumping. It is the applicant's responsibility to collect sufficient data to determine background conditions and to ensure that antecedent influences can be fully characterized. Barometer measurements and additional water-level measurements can be made by the applicant to evaluate the change in water levels resulting from barometric pressure changes and/or influences from off-site pumping.
(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 data and water-level data to indicate that the change in static levels is due to changes in barometric pressure and/or antecedent influences, the applicant can submit these data in lieu of delaying the pumping phase.
(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 into 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 aquifer test plan. The flow rate shall not vary more than 10% throughout the test. If the flow rate fluctuates more than 10%, the test may be deemed invalid and the applicant required to repeat the notification and testing process.
(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 shutdown of the pump in the test well.
Table 2
Minimum Frequency of Water-Level Measurements in Wells During Pumping and Recovery Phases of Aquifer Test
Time Since Pumping
Began or Stopped
Test Well
Observation Wells
0 to 5 minutes
0.5 minutes
0.5 minutes
5 to 10 minutes
1 minute
1 minute
10 to 30 minutes
2 minutes
2 minutes
30 to 60 minutes
5 minutes
5 minutes
60 to 120 minutes
10 minutes
10 minutes
2 to 24 hours
10 minutes
30 minutes
(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 phase 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, arsenic, copper, lead, nitrate, chloride, total dissolved solids and coliform bacteria. Final well certification by the Township Health Officer will require the analytical testing as required by the State of New Jersey Private Well Testing Act. The samples shall also be analyzed for volatile organic compounds EPA Method 524. In addition, field measurements of pH, conductivity, and dissolved oxygen should be made with calibrated instruments. If site conditions indicate potential historic uses of pollutants, such as heavy metals, pesticides, herbicides, and/or other semivolatile organic compounds, these analyses should be conducted. Based on past historical operations at the site or at nearby properties, the Board, at its discretion, may require additional analyses of groundwater to assess potential future and current impacts. The results of the water sample analyses will be used to assess background water quality.
(n) 
The Board may choose to have a person of its choosing monitor the aquifer test.
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 phase 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 to show that the well has fully recovered prior to the start of pumping.
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. All water-level measurements obtained during the aquifer test shall be included with the report on a floppy disk or compact disk in ASCII text format. 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, groundwater flow, and development plans shall be included.
(2) 
In addition, all water-quality sampling data shall be tabulated and summarized in the report. Only one copy of the laboratory report is necessary for filing with the Township.
(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 by a qualified hydrogeologist using applicable sections of GSR 29 or successor document as a guide. A qualified hydrogeologist shall be an individual who has received a minimum of a bachelor's degree in geology at an accredited institution or has completed an equivalent of 30 semester hours of geological education while obtaining a bachelor's or master's degree in a related field of engineering or science at an accredited institution. Such a person must also demonstrate five years of professional work experience in the practice of applying geologic principals to interpretation of groundwater conditions. The individual 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 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 Board that the impacts will not significantly reduce yields to existing and future wells.
(8) 
Permanent observation wells shall be provided as part of the subdivision. These wells shall be identified on the site plan with deeded access, giving the Township the right but not the obligation to perform monitoring. These wells shall equal the number of required observation wells identified in Table 1[2] and can be made up of any combination of monitoring or monitoring production wells.
[2]:
Editor's Note: See § 365-8A(11).

§ 365-9 Aquifer test and analysis for subdivisions which do not qualify for major subdivision - well test.

A. 
Test procedure.
(1) 
The procedure for testing wells for residential subdivisions which do not qualify as a major subdivision - well test shall consist of plumping each of the subdivision wells individually for four hours at a minimum of five gallons per minute (gpm). During the testing of a well, no other subdivision wells shall be operating. If drawdown in the well exceeds 80% of the available drawdown in the well, the well is deemed to have failed the test. The available drawdown for the test is determined by subtracting the static water level prior to pumping from the depth to the top of the pump. After pumping for four 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 four hours and a recovery rate of one gpm must be achieved over the first 30 minutes following shutoff of the pump.
(2) 
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 phase.
(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 with volumetric checks.
(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: See § 365-8A(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, arsenic, copper, lead, nitrate, ammonia, chloride, total dissolved solids, and coliform bacteria. Final well certification by the Township Health Officer will require the analytical testing as required by the State of New Jersey Private Well Testing Act. The samples shall also be analyzed for volatile organic compounds by USEPA Method 524. In addition, field measurements of pH, conductivity, and dissolved oxygen should be made with calibrated instruments. If site conditions indicate potential historic uses of pollutants such as, heavy metals, pesticides, herbicides, and/or other semivolatile organic compounds, these analyses should be conducted. Based on past historical operations at the site or at nearby properties, the Board, at its discretion, may require additional analyses of groundwater to assess potential future and current impacts. 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 in accordance with Table 2 for a minimum period of four hours. 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 one gpm over this interval. If the water levels in the observation wells and test well do not fully recover to static (prepumping) levels within four hours after pumping has stopped, 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.
(g) 
In the event that the well shows little drawdown (less than 10 feet) during the four-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 four 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 for a minimum period of 60 minutes after the shutoff of the pump.
(h) 
A report summarizing the well construction and aquifer testing shall be submitted to the 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 Board may request additional analyses of the pumping phase data to evaluate aquifer characteristics, the potential cone of influence, and potential impacts to other nearby groundwater users.
(3) 
If the test well fails any part of the above test either by failing to maintain a pumping rate of five gpm for four hours, exceeding 80% of the available drawdown, or failing to recover at a rate of one 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 Board, be classified as unacceptable for development.
B. 
Adjacent wells.
(1) 
Existing wells within 500 feet of the test well 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 § 130-7D through § 130-10. 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 phase 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, the depth-to-water measurements at least one hour apart shall be collected.
(2) 
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 qualified hydrogeologist who will investigate the depth, yield, and pumping level of the effected well.
(3) 
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 Board that the impacts will not significantly reduce yields to existing and future wells.

§ 365-10 Aquifer test and analysis for nonresidential site plans, secondary residential well uses, or for the use of 5,000 gallons of water per day (gpd) or more from any one well.

A. 
Intent.
(1) 
An aquifer test shall be conducted for a nonresidential site plan, or for secondary well(s) and/or secondary well use on residential sites or for any increase in demand equal to 5,000 gallons of water per day (gpd) or more from any well. The aquifer test will be conducted in three phases, which are the background phase, the pumping phase, and the recovery phase. The pumping rate and total gallons pumped during the pumping phase 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 or estimate derived from the County Agricultural Extension Service Agent. 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 phase will equal the greater of the following: a) the volume of water removed from the aquifer is equal to the peak-day demand; or b) eight hours. The pumping phase should simulate peak-day demand and therefore, the pumping phase duration is not to extend more than 24 hours. The peak-day demand should be assumed to equal twice the average daily demand. The average daily demand shall be calculated from the projected maximum monthly usage.
(3) 
For nonresidential or secondary residential well use wells with an expected average daily demand less than 1,000 gallons per day, an observation well is not required. For nonresidential developments or secondary residential well use wells with an average demand of 1,000 to 4,999 gpd, one observation well is required. This well should be within 200 feet of the pumping well and along strike of the primary geologic features in the area. For nonresidential developments or secondary residential well use wells with expected daily demands from 5,000 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 geologic unit and/or major regional fractures and 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 or secondary residential well use wells 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 and/or primary geologic fractures. Additional observation wells should be located to evaluate potential secondary fractures and impacts to adjacent properties. If wetlands or streams are located on the property, an additional observation well completed into the first water-bearing unit shall be installed to evaluate vertical movement of water in the aquifer next to the stream or wetlands. The number of observation wells should be in accordance with Table 3.
Table 3
Aquifer Test Requirements for Nonresidential and Secondary Residential Well Use Wells
(or wells exceeding expected use of greater than 5,000 gallons per day)
Average Demand
(gallons per day)
No. of Observation Wells
Less than 1,000
0
1,000 to 4,999
1
5,000 to 9,999
2
10,000 to 99,999
At least three on-site observation wells)1
100,000 and over
Obtain NJDEP water allocation permit
NOTE:
1
If wetlands are present on the site, one additional observation well must be set within the first water-bearing unit between the wetland and the test well utilized.
(5) 
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, except as noted above for water use from 10,000 to 99,999 gpd.
(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 or most recent edition) or successor document. The aquifer test shall be conducted according to the following procedure:
(a) 
Owners of existing wells on lots located within 500 feet of the 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 aquifer test. An example letter is included in Appendix A. The notice shall indicate that such existing well may be monitored if agreed to by the well owner, provided that 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 property boundaries. If the owner of the lot within 500 feet of the property 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) 
All reasonable efforts shall be made to protect the potability of water from the monitored well.
(c) 
In the case when more than three property owners within 500 feet of the property boundaries decide to participate and to have their existing wells monitored, only the 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. A map depicting the location of all wells to be monitored and a list of all property owners within 500 feet of the property boundary that requested monitoring is to be submitted to the Board for review and approval prior to implementing the aquifer test.
(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 Board. Such review may include submission of such design to a qualified hydrogeologist representing the Board for review and recommendations. The Board may consider the comments and recommendations of the Board's hydrogeologist prior to approving the aquifer test plan. A fracture trace analysis showing the location and orientation of fractures beneath the site must be included with the aquifer test plan. This same analysis with additional information regarding septic system locations must be included in the final report. This fracture trace analysis should be used to identify all observation wells, which should be located along strike of the primary geologic fractures/structures on and near the property.
(e) 
The aquifer test will be conducted in 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) 
The aquifer test (all three phases) shall not be conducted during a precipitation event or events in which total precipitation exceeds 0.5 inches. If precipitation occurs during the test, the applicant should provide precipitation amounts and sufficient data to show that the precipitation did not recharge the aquifer during the test and adversely impact the testing results. If precipitation amounts exceeding 0.5 inches are recorded, the test must be repeated.
(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 measured each hour from the test well and observation wells for a twenty-four-hour period prior to the start of pumping. It is the applicant's responsibility to collect sufficient data to determine background conditions and to ensure that antecedent influences can be fully characterized. Barometer measurements and additional water-level measurements can be made by the applicant to evaluate the change in water levels resulting from barometric pressure changes and/or influences from off-site pumping.
(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 and/or antecedent influences, the applicant can submit these data in lieu of delaying the pumping phase.
(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. Volumetric checks of the flow meter are required if an orifice is not used. 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 aquifer test plan. The flow rate shall not vary more than 10% throughout the test. If the flow rate fluctuates more than 10%, the test may be deemed invalid and the applicant required to repeat the notification and testing process.
(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
Minimum Frequency of Water-Level Measurements in Wells During Pumping and Recovery Phases of Aquifer Test
Time Since Pumping
Began or Stopped
Test Well
Observation Well
0 to 5 minute
0.5 minute
0.5 minute
5 to 10 minutes
1 minutes
1 minutes
10 to 30 minutes
2 minutes
2 minutes
30 to 60 minutes
5 minutes
5 minutes
60 to 120 minutes
10 minutes
10 minutes
2 to 24 hours
15 minutes
30 minutes
(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 phase 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, arsenic, copper, lead, nitrate, ammonia, chloride, total dissolved solids, and coliform bacteria. The samples shall also be analyzed for volatile organic compounds by USEPA Method 524. In addition, field measurements of pH, conductivity, and dissolved oxygen should be made with calibrated instruments. If site conditions indicate potential historic uses of pollutants such as, heavy metals, pesticides, herbicides, and/or other semivolatile organic compounds, these analyses should be conducted. Based on past historical operations at the site or at nearby properties, the Board, at its discretion, may require additional analyses of groundwater to assess potential future and current impacts. 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.
B. 
Adjacent properties. The observation wells shall be placed to determine whether the cone of depression from the pumping well will extend beyond the property 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 phase 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 or residential 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. All water-level measurements obtained during the aquifer test shall be included with the report on a floppy disk or compact disk in ASCII text format. 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 usage of the property. An inventory of all wells within 1,000 feet of the proposed subdivision or nonresidential site 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 shall be tabulated and summarized in the report. Only one copy of the laboratory reports is necessary for filing with the Township.
(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 or successor document as a guide. A qualified hydrogeologist shall be an individual who has received a minimum of a bachelor's degree in geology at an accredited institution or has completed an equivalent of 30 semester hours of geological education while obtaining a bachelor's or master's degree in a related field of engineering or science at an accredited institution. Such a person must also demonstrate five years of professional work experience in the practice of applying geologic principals to interpretation of groundwater conditions. The individual 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 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 or nonresidential use. If the drawdown is measured or projected to be more than one foot at any existing adjacent property well or along the property 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 development 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 Board that the impacts will not significantly reduce yields to existing and future wells.

§ 365-11 Fees.

All fees are identified in Chapter 182, Fees, of the Franklin Township Code.

§ 365-12 Violations and penalties.

Any person who shall violate this chapter shall, upon conviction thereof, be subject to the penalties in Chapter 1, Article I, General Penalty, for each offense, in the discretion of the court.