Township of Boonton, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Township of Boonton 12-18-1962; amended in its entirety 5-22-2000 by Ord. No. 611. Amendments noted where applicable.]
GENERAL REFERENCES
Water utility — See Ch. 38.
Uniform construction codes — See Ch. 62.
Fees — See Ch. 82.
Sewers — See Ch. 121.
Water — See Ch. 148.

§ 177-1 Adoption of standards.

A code regulating the location, construction, alteration, use and supervision of individual and semipublic water supplies, requiring certain permits, the fixing of fees and prescribing penalties for violation is hereby adopted pursuant to N.J.S.A. 26:3-69.1 to 26:3-69.6. A copy of the code is annexed to this chapter and made a part of it without inclusion of the text herein.

§ 177-2 Citation of standards.

The code established and adopted by this chapter is described and commonly known as "Standards for the Construction of Public Noncommunity and Nonpublic Water Systems (1985)" which is set forth in N.J.A.C. 7:10-12.1 through 7:10-12.43 of the New Jersey Administrative Code and the supplements and additions thereto pursuant to N.J.S.A. 58:11-23 et seq. and N.J.S.A. 58:12A-1 et seq. and the amendments and supplements thereto.

§ 177-3 Copies on file.

Three copies of N.J.A.C. 7:10-12.1 et seq., Standards for the Construction of Public Noncommunity and Nonpublic Water Systems (1985), have been placed on file in the offices of the Secretary of the Board of Health and the Township Clerk for use and examination by the public.

§ 177-4 Definitions.

For purposes of this Chapter 177, the following terms shall have the following meanings:
APPLICANT
A developer or property owner submitting an application for development or for a permit to install a well.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
APPLICATION FOR WELL PERMIT
The application form and all accompanying documentation required by the Township for approval to locate, construct or alter a water supply in accordance with § 177-6A of this section and as authorized by N.J.A.C. 7:10-12.40.
BUILDING LOT
A designated parcel, tract or area of land established by plat or otherwise permitted by law to be used, developed or built upon as a unit and for which the water supply is to be obtained from a private on-site well.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
LOCAL ENFORCEMENT OFFICER
The Township Health Officer, Sanitary Inspector, Registered Environmental Health Technician or other technical representative of the Township as may be designated by the Boonton Township Board of Health.
LOCAL LAND USE AGENCY
The municipal agency responsible for review and approval of an application for development.
PLOT PLAN
A map prepared by a New Jersey licensed professional engineer, based upon a plan or survey and identifying all existing and proposed septic systems and wells within 200 feet of the proposed well(s) in addition to requirements of N.J.A.C. 13:405.1.

§ 177-5 Applicability.

A. 
The provisions of §§ 177-9 and 177-11 shall be applicable to all applications for development.
B. 
The provisions of § 177-12 shall be applicable to all building lots as defined in this chapter.
C. 
The provisions of §§ 177-6, 177-7, 177-8, 177-10 and 177-13 through 177-19 shall be applicable to all wells located in the Township.

§ 177-6 Permits.

A. 
Well permits. No person shall locate, construct or alter any water supply until a permit for the location, construction or alteration of the water supply shall have been issued by the Board of Health.
B. 
Construction permits. No building permit for a new home or other structure that necessitates the drilling of a new well shall be issued unless the well intended to serve the home(s) or structure(s) has been drilled, tested and certified by the applicant's engineer or well driller as complying with state Standards for the Construction of Public Noncommunity and Nonpublic Water Systems (N.J.A.C. 7:10-12.1 et seq.), §§ 177-11 or 177-12, as applicable, of this chapter, and approved by the local enforcement officer.

§ 177-7 Issuance of permit.

The Board of Health may issue a well permit if an application therefor is accompanied by a certificate made by an engineer licensed to practice professional engineering in the State of New Jersey or well driller stating that the design of the water supply as proposed is in compliance with this Chapter 177.

§ 177-8 Certificate of compliance required.

New water supplies shall not be placed in operation, nor shall new dwellings or buildings or additions that rely on such new water supplies be sold or occupied, until the Board of Health has been supplied with a certificate indicating that the water supply has been located and constructed in compliance with the terms of the permit issued and the requirements of the aforesaid code and this Chapter 177. Submission of such certificate shall not be required for alteration to an existing water supply.

§ 177-9 Development proposals.

A. 
The provisions of this section shall apply to all applications for development as defined in this chapter. It shall not apply to subdivided lots of 50 acres or more.
B. 
An application shall include a report by a qualified licensed professional engineer on the geohydrology of the proposed development site and its environs. The report shall cover or include site specifics on the following:
(1) 
A description of the geohydrology of the site and its environs, including location of any known fractures or faults.
(2) 
Location and technical specifications for the proposed well(s).
(3) 
Location of all existing and proposed disposal areas within 200 feet of the proposed wells.
(4) 
Results of the tests described in § 177-11.
(5) 
A detailed report identifying the drawdowns for each well, the radius of influence for the same and projected drawdown for all lots, an analysis of any adverse impacts that may be created by the development proposal and identifying all measures that may be employed to minimize adverse impacts. All methodology used in preparation of this report shall be in conformance with recognized engineering practice for groundwater hydraulics.
C. 
On receipt of the report specified above, the local enforcement officer shall review the report and make comments and/or recommendations regarding the development application to the Board of Health.
D. 
The Board of Health shall not approve an application for a new well unless it has been endorsed or recommended by the local enforcement officer and unless the applicant's report, the local enforcement officer's report and its own analysis support a conclusion that the applicant's plans for water supply will not unreasonably contravene the purposes of this section. The Board of Health may disapprove an applicant's water supply plans giving its reasons, or may require additional surveys or tests before approving the application or the Board of Health may approve the application when it is satisfied that the requirements of this section have been met.
E. 
The Board of Health shall notify the local land use agency of the Board's decision on an application within five days thereof.

§ 177-10 Drilling requirements.

A. 
Construction criteria. All wells shall conform to the standards for the construction of nonpublic and noncommunity wells as promulgated by the New Jersey Department of Environmental Protection, N.J.A.C. 7:10-12.1 et seq., with the following amendments:
(1) 
A minimum of 20 feet of well casing shall be provided for all wells into unweathered bedrock; however, the total length of the casing in all other cases is 50 feet.
(2) 
No wells shall be located within 100 feet of any other existing or proposed well.
(3) 
Blasting for the construction or repair of any well is prohibited.
(4) 
Hydrofracture of the well to increase yields prior to yield tests is prohibited.
B. 
Permits required. It shall be the responsibility of the owner and/or the applicant and/or well driller to obtain all necessary state and local permits prior to drilling.
C. 
Well disinfection. All existing wells which are monitored and all new wells shall be disinfected in accordance with the standards of the New Jersey Department of Environmental Protection.
D. 
Potability testing. All newly constructed wells shall be tested pursuant to § 177-15. All observation wells shall be tested for bacteriological quality before and after the use of such wells as observation wells. Certified copies of the test results shall be submitted to the local enforcement officer.

§ 177-11 Well test specifications; applications for development.

A. 
Test wells.
(1) 
Test wells shall be required as set forth in this section. The location of the test well(s) shall be provided to the local enforcement officer a minimum of 72 hours (exclusive of Saturdays, Sundays and legal holidays) prior to initiation of testing on a plot plan showing the location of observation and test wells and any existing wells that are monitored. The following shall be a guide to the number of test well(s) required:
Number of Lots
Number of Test Wells
Number of Observation Wells
1
1
0*
2 to 10
1
1
11 to 25
1
2
26 to 49
2
2
50 and over
At the officer's discretion
NOTES:
*
Unless there is an existing well within 500 feet, then that well shall be monitored.
(2) 
Additional test and/or observation wells may be required at the local enforcement officer's discretion.
B. 
Observation well criteria. Observation wells and all existing wells within a 500-foot radius of the test well shall be monitored. The minimum number of observation wells does not include existing wells excepting development proposals for one to two lots which may use existing wells as observation wells. Observation wells should be located a minimum of 200 feet and a maximum of 500 feet from the test well. All wells may be installed in locations which may be utilized for future domestic ground water supplies (see § 177-10A). Observation of existing wells may be waived if the applicant provides documentation indicating a reasonable effort to monitor the same was made by the applicant and the applicant was denied access to the same.
C. 
The test wells shall be pumped continuously for eight hours. Each well will be tested for yield, drawdown and recovery. Test wells shall be tested for peak demand and constant head at flow rates determined in accordance with New Jersey Geological Survey Ground-Water Report Series No. 1, Two-Part Pump Test for Evaluating the Water Supply Capabilities of Domestic Wells as prepared by Jeffrey L. Hoffman and Robert Canace for the New Jersey Geological Survey, Department of Environmental Protection. The length of testing shall be as determined in accordance with the aforementioned publication for peak demand tests and a minimum eight hours for the constant head test. The lowest yielding of all wells drilled shall be the test well.
D. 
Flow rates. Minimum rates shall be established in accordance with the methods described in Subsection C above. The maximum constant head flow rate shall equal or exceed that established for the maximum dwelling size anticipated. If flows less than that determined for the maximum structure size are obtained, then a detailed report identifying the minimum must be submitted with the application. Minimum flow rates for nonresidential wells shall be determined in accordance with Table 1 of N.J.A.C. 7:10-12.7 et seq., Standards for the Construction of Public-Community and Non-Public Water Systems.
E. 
The following information about each well shall be certified by the applicant's well driller or engineer and furnished to the local enforcement officer:
(1) 
Revised plot plan showing the exact well location.
(2) 
Date drilled.
(3) 
Casing diameters.
(4) 
Yield in gallons per minute (GPM) as identified above.
(5) 
Geologic formation or rock type based upon maps and field observations.
(6) 
Depth.
(7) 
Depth of casing (50-foot minimum required, except as set forth in § 177-10A).
(8) 
Static water level (the elevation or depth of water in well prior to pumping or after pumping as measured from top of casing.)
(9) 
Pumping level (in feet).
(10) 
Hours pumped.
(11) 
Drawdown in feet of test and observation wells shall be monitored by the applicant continuously during the pumping test and any change in well levels shall be recorded.
(12) 
Recovery time of test and monitor wells. ("Recovery time" is defined as a status level at or above 90% of static prior to test, and shall not exceed 24 hours.)
(13) 
Depth to bedrock.
(14) 
Elevation at ground surface.
(15) 
Pump type and specifications.
(16) 
Observation methods and measurement details.
F. 
If, in the judgment of the local enforcement officer or the Board of Health there is reason to believe that the purposes of this section may, in any way, be contravened by the proposed withdrawals, additional test pumping may be required.
G. 
Unless it can be demonstrated by the applicant's engineer or well driller that yields are above the required rate of discharge for the system and there is no detrimental effect on surrounding wells, lawn irrigation systems are prohibited. Increased storage may be recommended.

§ 177-12 Well test specifications; building lots.

The well which is intended to provide water service to each building lot shall be drilled and tested prior to the issuance of a building permit in accordance with the following:
A. 
The proposed well shall be pumped continuously for four hours and tested for yield, drawdown, and recovery. The well shall be tested for peak demand and constant head at flow rates determined in accordance with New Jersey Geological Survey Ground-Water Report Series No. 1, Two-Part Pump Test for Evaluating the Water Supply Capabilities of Domestic Wells as prepared by Jeffrey L. Hoffman and Robert Canace for the New Jersey Geological Survey, Department of Environmental Protection.
B. 
Flow rates. Minimum rates shall be established in accordance with the method described in Subsection A above. The maximum constant head flow rate shall equal or exceed that established for the maximum dwelling size anticipated. If flows less than that determined for the maximum structure size are obtained, then a detailed report identifying the minimum shall be submitted with the application. Minimum flow rates for nonresidential wells shall be determined in accordance with Table 1 of N.J.A.C. 7:10-12.7 et seq., Standards for the Construction of Public Non-Community and Non-Public Water Systems.
C. 
The lot owner's well driller or engineer shall certify and furnish to the local enforcement officer the following information:
(1) 
Addendum to well permit application showing the exact well location.
(2) 
Date drilled.
(3) 
Casing diameters.
(4) 
Yield in GPM as defined above.
(5) 
Geologic formation or rock type based upon maps and field observation.
(6) 
Depth.
(7) 
Depth of casing (50-foot minimum required, except as set forth in § 177-10A).
(8) 
Static water level (the elevation or depth of water in well prior to pumping or after pumping as measured from top of casing).
(9) 
Pumping level (in feet).
(10) 
Hours pumped.
(11) 
Drawdown in feet.
(12) 
Recovery time.
(13) 
Depth to bedrock.
(14) 
Elevation at ground surface.
(15) 
Pump type and specifications.
(16) 
Observation methods and measurement details.
D. 
If, in the judgment of the local enforcement officer, there is reason to believe that the purpose of this section may in any way be contravened by the proposed withdrawal, additional test pumping may be required by the enforcement officer.
E. 
Unless it can be demonstrated by the applicant's engineer or well driller that yields are above the required rate of discharge for the system and there is no detrimental effect on surrounding wells, lawn irrigation systems are prohibited. Increased storage may be recommended.

§ 177-13 Hearing on denial of permit or certificate.

If any permit or certificate required by this chapter is denied by the Board of Health, a hearing shall be held thereon before the Board within 15 days after request is made by the applicant. Upon such hearing, the Board of Health shall affirm, alter or rescind its previous determination and take action accordingly within 15 days thereafter.

§ 177-14 Violations; stop orders.

The Board of Health or its duly authorized representative may order all further work in and about any water supply which is being erected or installed in violation of the aforesaid code and/or the provisions of this chapter to be stopped forthwith, except such work as shall be necessary to remedy such violation, and thereafter the work continued without any violation of any of the provisions of the code or of this chapter. After issuance of any such order and the service of a copy thereof upon any person connected with or working in and about the erection or installation of such water supply or any part thereof, no further work shall be done thereon except as aforesaid.

§ 177-15 Certificates of potability; certificate required.

Prior to the transfer of title of any new residential dwelling serviced by an individual water supply, or prior to the use of any new well for an existing residential dwelling, a certificate of potability shall be obtained from the Board of Health indicating that the water supply meets the current primary potable water supply standards of the State of New Jersey and the Board of Health. Certified laboratory results of samples must be supplied prior to issuance. Results must indicate hardness, pH, coliform bacteria, standard plate count, nitrates, iron and manganese. The results of all laboratory analyses used to obtain a certificate of potability are valid for nine months after the date of sampling. The only exception will be in the case of coliform bacteria testing where the results are valid for three months after the sampling date.

§ 177-16 Fees and charges.

The fees and charges shall be as set forth in § 82-1A of this Code.

§ 177-17 Out of service wells.

A. 
All wells that are taken out of service must be sealed in accordance with N.J.A.C. 7:9-9.1 et seq. by a licensed well sealer within 30 days of the disconnection.
B. 
The well is considered to be out of service if a new on-site well or connection of a public water supply system has been installed as a replacement water supply.
C. 
The well sealer shall submit a completed New Jersey Department of Environmental Protection Well Abandonment Report after sealing the well.
D. 
The well sealer shall provide 24-hour notification to the Board of Health prior to sealing the well.
E. 
If a public water supply becomes available to the property pursuant to § 148-3, the property owner shall connect to the public water supply and any well on the property shall be taken out of service in accordance with this § 177-17.

§ 177-18 Waiver.

The Board of Health reserves the right to waive any provision of this chapter which may be more stringent than the applicable regulations promulgated by the Department of Environmental Protection, provided that the applicant can demonstrate that the application of the local regulation will cause unnecessary hardship and that a waiver will not adversely affect the public health, safety or welfare.

§ 177-19 Violations and penalties.

A. 
Any person, firm or corporation who or which violates any of the provisions of this chapter shall be subject to a fine of not less than $5 and not to exceed $500, at the discretion of the court.
B. 
In the event that a defendant shall have been twice convicted within the space of six months of the violation of any provision of this chapter and due proof of such fact is made, the court may, in addition to the penalty above provided, cause the defendant to be imprisoned for any number of days not exceeding one for each dollar of the penalty.