In the MFR District, no lot or structure shall have as a principal use, and no structure shall be located, relocated, erected, constructed, reconstructed, enlarged or structurally altered for the purpose of any principal use, except the following:
A. 
Multifamily dwelling or dwellings, which shall consist of townhouses or garden apartments, defined as follows:
(1) 
Townhouses: dwelling units, separated from an adjacent dwelling unit or dwelling units by a party wall or walls, having no dwelling unit above or below any one dwelling unit.
(2) 
Garden apartments: buildings containing not more than two stories of dwelling units.
B. 
Single-family dwellings, subject to the requirements of Article VII of this Part 1 and not to the requirements of this article.[1]
[1]
Editor's Note: Original Subsections C through F, regarding uses permitted by § 100-43, which immediately followed this subsection, were deleted 7-6-2010 by Ord. No. 2010-12A.
C. 
Conditional uses permitted by § 100-44, subject to the regulations for such uses set forth in § 100-44 (and not subject to the requirements for this article).
[Amended 7-6-2010 by Ord. No. 2010-12A[2]]
[2]
Editor's Note: This ordinance also repealed original Subsection H, regarding retail food, drug and sundries store as a special exception use, and original Subsection I, regarding tavern or bar as a special use, which immediately followed this subsection.
Accessory uses and structures to any of the foregoing permitted uses are permitted, including:
A. 
[1]On lots whose principal use is for multifamily dwelling purposes, structures not exceeding 25 feet in height shall be permitted for the purpose of providing recreational or maintenance services to the residents on said lot. Such structures may include swimming pools, locker rooms, community buildings, maintenance buildings, communal parking structures and the like, provided that all such structures conform to the requirements of this Part 1 and to the general site plan and design character of the multifamily dwelling development.
[1]
Editor's Note: Original Subsection A, regarding accessory uses permitted in the R-2 District, was deleted 7-6-2010 by Ord. No. 2010-12A.
B. 
[2]Solar panels erected on the roof of a building only, subject to the applicable provisions of § 100-20.1.
[Added 6-1-2010 by Ord. No. 2010-13]
[2]
Editor's Note: This subsection was adopted as Subsection C, but was redesignated as Subsection B to maintain the organization of the Code.
No principal or accessory building shall be closer than 100 feet to the nearest lot line.
There shall not be situated on the lot more than a total of eight dwelling units per acre of lot area.
The following standards shall apply:
A. 
The total floor area of all principal and accessory structures shall not exceed 20% of the lot area.
B. 
The total area of all lot area not covered by buildings or structures and not suitable or designed for parking or vehicular traffic shall be not less than 65% of the lot area.
C. 
Not less than 20% of the lot area shall be devoted to recreational purposes, designed for recreation of the lot residents; except that this may be reduced to 10%, provided that an equal area is used for agricultural purposes or if such recreational development would require substantial clearing of woodlands.
D. 
Two off-street parking spaces shall be provided for each dwelling unit on the lot.
A. 
In order to promote diversity of development and to ensure that the proposed MFR District shall meet the needs of a broad segment of the population, not less than 20% nor more than 50% of the dwelling units on any lot shall be townhouses. The remainder shall be garden apartments.
B. 
Insofar as the purpose of the MFR Zone is to meet the needs of a broad cross section of the population not currently being accommodated by single-family dwellings, and insofar as the nature of potential MFR District households may not only impose economic limitations but will also be such that small dwelling units will be desired (particularly for the elderly and young single individuals or couples), the following requirements are established:
(1) 
A minimum of 35% of all dwellings shall be efficiency or one-bedroom units.
(2) 
A minimum of 35% of all dwellings shall be two-bedroom units.
In order to facilitate efficient traffic circulation within the site and to prevent traffic congestion, access and traffic control shall be provided for each lot in the following manner:
A. 
Not more than two accessways per lot shall be permitted.
B. 
Each accessway shall be not less than 15 feet in width for one-way traffic and not less than 20 feet nor greater than 35 feet in width for two-way traffic.
C. 
All accessways shall be paved with an asphaltic or concrete material so as to be hard surfaced, dust free, well drained and safe for ingress and egress of motor vehicles.
D. 
Curb cuts shall not exceed 50 feet in width.
E. 
No accessway shall be closer than 75 feet to another accessway or 25 feet to a side lot line or closer than 250 feet to any intersection of street lines.
F. 
Speed-change lanes (acceleration and declaration) may be required by the Planning Board when, in the judgment of the Township Engineer, sufficient vehicular volume is generated by the activity and traffic-flow volume and patterns on the primary access street justify such requirement. Required speed-change lanes shall be designed in accordance with A Policy on Geometric Design of Rural Highways, Chapter VII, pages 341 through 358, copyright 1966, published by American Association of State Highway Officials general offices, 917 National Press Building, Washington, D.C., and be subject to approval of the Township Engineer.
G. 
Access to the street shall be physically separated by a curb, planting strip or other suitable barrier against unchanneled traffic.
H. 
All two-way accessways shall have appropriate lane markings and directional indicators.
I. 
Lighting facilities shall be installed to light accessways adequately and shall be installed so as to reflect light downward and away from any adjoining lots and from any street.
J. 
Traffic-directing signs may be required by the Planning Board where large traffic volumes would create congestion and unsafe conditions.
Signs, other than those relating to the principal use described in § 100-55H, shall conform to the provisions of Article IX, § 100-52, of this Part 1, except that in lieu of a sign identifying any individuals, one sign not exceeding 10 square feet in area may be erected at each access point giving the name of the development.
A. 
Existing trees on the lot shall be preserved wherever possible. The protection of trees six inches or more in diameter (measured at a height 4 1/2 feet above the original grade) shall be a factor in determining the location of open space, structures, underground utilities, walks and paved areas. Areas in which trees are preserved shall remain at original grade level and undisturbed wherever possible.
B. 
Where extensive natural tree cover and vegetation does not exist and cannot be preserved on the lot, landscaping shall be regarded as an essential feature of the lot. In these cases, extensive landscaping shall be undertaken in order to enhance the appearance of the lot, to aid in erosion control, to provide protection from wind and sun, to screen streets and parking areas and to enhance the privacy of dwelling units.
C. 
A minimum of 15% of the area of all special flood hazard areas as designated on the applicable Federal Insurance Administration Flood Hazard Boundary Map shall be planted with a coverage of trees or shrubs designed to prevent erosion in the event of flooding. The remaining area within such floodplains shall be planted with grass or other suitable ground cover or left in a state of natural vegetation.
D. 
A landscaping plan shall be submitted to the Planning Board for approval prior to any lot being used for multifamily dwelling purposes, and no certificate of occupancy for any multifamily dwelling on the lot shall be issued before such landscaping is substantially complete.
A. 
Sanitary sewer. Every sanitary sewer disposal system on each lot shall be connected to and discharge its sanitary sewage into an adequate public sewage system acceptable to the Township Engineer as well as the New Jersey State Department of Environmental Protection, and approved by the Township Board authorized to grant site plan approval.
[Amended 12-30-1981 by Ord. No. 81-23]
B. 
Storm sewer. Every lot shall contain a stormwater system designed to prevent stormwater runoff to adjacent lots and streets at rates greater than rates prior to construction. Additional runoff may be directed to adjacent streams upon approval of runoff calculations and designs acceptable to the Township Engineer.
(1) 
Retention ponds may be approved by the Township Engineer, provided that such ponds shall be completely enclosed by fencing at least four feet high with maximum openings of 15 square inches and not more than two operable openings which are to be kept locked when not in use. Such fencing is to be screened by planting when visible from streets or adjacent residential areas.
(2) 
In the event that a storm sewer line shall cross a sanitary sewer line, the storm sewer line shall be above.
C. 
Water. All water for dwelling units, swimming pools, maintenance, etc., shall be secured from a public water system acceptable to the Township Engineer and to any applicable requirement of the New Jersey Department of Environmental Protection, and approved by the Township Board authorized to grant site plan approval.
[Amended 12-30-1981 by Ord. No. 81-23]
D. 
All telephone, electric and cable television utility lines shall be installed underground.
E. 
Lighting.
(1) 
All streets, off-street parking areas and areas of intensive pedestrian use shall be adequately lighted. All such lighting shall be designed and located so as to direct light away from adjacent residences.
(2) 
Adequate lighting shall be provided after dark. Appropriate lighting fixtures shall be provided for walkways and to identify steps, ramps and signs. Such lighting shall be designed and located so as to direct light away from adjacent residences.
The following provisions shall apply to all lands on the lot not part of individual dwelling units or a use permitted by § 100-55H or maintained by the lot owner or his agent, which lands are called common open space:
A. 
All improvements of the common open space(s), including recreational facilities, buildings and landscaping, shall be completed before any certificate of occupancy is granted for a building on the lot.
B. 
The lot owner shall provide for and establish an organization for the ownership, maintenance and preservation of common open space, which shall conform to the following standards and procedures:
(1) 
The organization shall be established by the lot owner before the sale or rent of dwelling units and before the issuance of a certificate of occupancy for the dwelling unit.
(2) 
The form, financial capability, rules of membership and methods of cost assessment of the organization shall be devised so as to ensure the successful fulfillment of the maintenance, preservation and improvement responsibilities of the organization.
(3) 
The organization shall have or hire adequate staff to administer common facilities and maintain the common open space for the primary benefit of the residents of the lot. Such organization shall not be dissolved and shall not dispose of any common open space, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space for the benefit of the development, thereafter such organization shall not be dissolved or dispose of any of its common open space without first offering to dedicate the same to the Township.
(4) 
Common open space shall be reserved by grant of easement, deed or covenant setting them aside for the benefit of the residents of the lot; however, the method of reserving such lands to such use shall be approved by the Planning Board and the legal documents to be used in connection therewith shall be subject to review by the Planning Board Attorney and as required in Subsection B(5) hereof.
(5) 
All documents pertaining to any organization and to the common open space shall be subject to review of the Township Attorney, shall be countersigned by the Chairman of the Planning Board and the Mayor and shall be recorded before a certificate of occupancy for any dwelling unit on the lot is issued.
C. 
The location, shape, size and character of the common open space shall be provided in a manner consistent with the objectives set forth in this Part 1, with natural features constraints determined through the natural features analysis as described in § 100-71.
D. 
The uses authorized for the common open space must be appropriate to the scale and character of the development, considering its natural features, size, land use intensity, potential population and the number and types of dwelling units to be located thereon. Whenever possible, common open space shall be designed as a contiguous area interspersed with residential areas with pedestrian and visual access available to all residents of the development.
E. 
Significant natural features, such as woodland areas, large trees, natural watercourses and bodies of water, rock outcroppings and scenic views, shall be incorporated into common open space areas whenever possible.
F. 
Development of a site must be planned so as to coordinate the establishment of common open space areas and the construction of dwelling units.
G. 
In the event that the aforesaid organization shall fail to maintain the open space in reasonable order and condition, the Township Committee may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the Township Committee may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the Township, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Township Committee shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Township Committee, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township Committee shall determine that such organization is ready and able to maintain said open space in reasonable condition, the Township shall cease to maintain said open space at the end of said year. If the Township Committee shall determine such organization is not ready and able to maintain said open space in reasonable condition, the Township may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township Committee in any such case shall constitute a final administrative decision subject to judicial review.
H. 
The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.
A. 
The natural features of the site shall be a factor in determining the siting of dwelling unit structures. The results of the natural features analysis in § 100-71 shall be considered in the siting of all dwelling unit structures.
B. 
Dwelling unit structures shall be located and sited so as to promote pedestrian and visual access to common open space wherever possible.
C. 
Dwelling unit structures shall be located and arranged so as to promote privacy for residents within the development and maintain privacy for residents adjacent to the development.
D. 
Dwelling unit and other structures located within 200 feet of the perimeter of the lot must be set back by a distance sufficient to protect the privacy of adjacent existing uses.
E. 
The design of all dwellings, accessory structures, lighting standards, signs and other improvements shall generally conform in character with each other. Innovative design which relates to the character of landscape and topography shall particularly be encouraged.
F. 
Overall or component building lengths.
(1) 
No townhouse dwelling unit shall be less than 16 feet wide. Apartment buildings may consist of any configuration that meets the prescribed area and yard requirements and does not exceed the following overall or component building lengths:
(a) 
Two hundred feet on one plane.
(b) 
Three hundred forty feet on any angle.
(c) 
Five hundred feet along the center line.
(2) 
Buildings measured along the center line shall provide one opening at ground level at least every 250 feet. This opening shall be a minimum of 15 feet in clear width and height and be at an elevation enabling emergency vehicle access through the opening.
G. 
Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination for each dwelling unit. Any overall structure of attached townhouses shall provide that no more than two adjacent dwelling units have the same setback.
H. 
Sufficient area and equipment shall be made available within each building for the laundering and artificial drying of laundry of occupants of each building.
I. 
Each residential building shall contain a single master television antenna system which shall serve all dwelling units within the building.
J. 
Courts bounded on three or more sides by the wings of a single building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot in height of the tallest adjacent building.
K. 
No garden apartment building or attached group of townhouses shall be located within 25 feet of another structure.
L. 
Every apartment building or attached group of townhouses shall have a minimum setback of 20 feet from any and all streets, interior roads, driveways and parking areas.
M. 
Garages or carports not a part of a garden apartment dwelling structure but intended for use of the residents of a multiple-family dwelling structure and all other accessory buildings shall be located at least 15 feet from the nearest wall of any garden apartment dwelling structure.
N. 
Open space adjacent to, around or between buildings not surfaced as walkways, driveways, parking areas, utility areas or other required improvements shall be graded and seeded to provide a thick stand of grass or other plant material. Approaches to apartment and townhouse dwelling structures and entrance areas shall be attractively shrubbed and properly maintained.
O. 
Each apartment dwelling unit or townhouse shall contain complete kitchen facilities and toilet, bathing and sleeping facilities and shall have a habitable floor area in accordance with the following:
(1) 
An efficiency apartment shall contain a minimum of 600 square feet.
(2) 
A one-bedroom apartment or townhouse shall contain a minimum of 700 square feet.
(3) 
An apartment or townhouse with more than one bedroom shall contain the minimum square footage of habitable floor area required for a one-bedroom apartment plus 250 square feet for each bedroom above one bedroom.
P. 
In addition to the required habitable floor area, there shall be a minimum storage area in each residential building for bicycles, perambulators, furniture and similar types of equipment of 50 square feet in area and a minimum of seven feet in height per dwelling unit. Storage areas for each dwelling shall be separate and designed for individual access by dwelling unit residents.
Q. 
Garbage pickup and other utility areas must be provided and shall be located with a view both to convenience and to minimizing the detrimental effect on the aesthetic character of the building(s) and shall be enclosed and shielded from view by fencing, walls or shrubbery of at least six feet in height around the perimeter. Fencing and walls shall be not more than 50% open on the vertical surface.
In order to determine which specific areas of a lot are best suited for high-density development, which areas are best suited for lower-density development and which areas should be preserved in their natural state as open space areas, a thorough analysis of the natural features of the lot will be required. The following subject categories must be included in this analysis:
A. 
Hydrology. Analysis of natural drainage patterns and water resources, including an analysis of streams, natural drainage swales, ponds or lakes, wetlands, floodplain areas, permanent high water table areas and seasonal high water table areas throughout the site.
B. 
Geology. Analysis of characteristics of rock formations underlying the site, including defining aquifers (particularly those locally subject to pollution), shallow bedrock areas and areas in which rock formations are unstable.
C. 
Soils. Analysis of types of soils present in the site area, including delineation of prime agricultural soil areas, aquifer recharge soil areas, unstable soils, soils most susceptible to erosion and soils suitable for urban development.
D. 
Topography. Analysis of terrain of the lot of elevation and delineation of slope areas over 20%, between 10% and 20%, and under 10%.
E. 
Vegetation. Analysis of tree and plant cover of the lot emphasizing the location of woodland and meadowland areas. Dominant tree and plant species should be identified and the characteristics of each understood.
F. 
Microclimate. Analysis of seasonal temperatures, seasonal precipitation, seasonal prevailing winds and daily hours of sunlight in specific areas of the site.
In order to determine the impact of the development upon the municipality, an analysis of the potential effects of the development upon public facilities, utilities and public street systems will be required. A comparison of the costs to the municipality versus the revenues to the municipality produced by the development will be included in the analysis. Market analysis data which estimates potential market demand for various types of housing in the area of the proposed site may also be required.
Prior to using any land or to erecting, altering or occupying any structure for any use permitted in § 100-55A of this Part 1, site plan approval pursuant to Chapter 100, Part 2, Development Regulations, shall be obtained.
A. 
Site plan approval shall be applied for in the manner described in Chapter 100, Part 2, Development Regulations, and in this Part 1.
B. 
Following site plan approval as above described, a certificate of occupancy shall be issued by the Zoning Officer, provided that all improvements required by such site plan approval have been installed or constructed and the building, structure or use is ready for occupancy.
C. 
The site plan to be submitted shall conform to the requirements set forth in § 100-35C of this Part 1.
D. 
The site plan to be submitted shall conform to the requirements set forth in § 100-35D of this Part 1.
E. 
Each site plan submitted to the Planning Board for approval shall be accompanied by an environmental impact statement which shall address the following issues and items:
(1) 
The anticipated impact of the proposed project on the environment in terms of traffic, population, noise, water supply, water runoff, sewage, electrical demand and aesthetics.
(2) 
The compatibility of the proposed development with the development goals as expressed in the Township Master Plan.
(3) 
The commitment of natural resources such as water, gas and electricity as a result of the proposed development. Signed statements from the managers of the various utilities affected must be included stipulating that the proposed development will:
(a) 
Have no effect on the current services supplied to the community.
(b) 
Result in no undue cost burden to the community for expansion of the necessary service facilities for the new construction.
(4) 
If the proposed development requires the clearing of a forested area, the damage to select stands of native trees be damaged and the serious effect of natural wild life in the area.
(5) 
All changes in natural water runoff and the ultimate disposal of the stormwaters collected within the proposed site described in detail. The environmental effects of the runoff and the location of the stormwater discharge points must be discussed to ensure that no substantial increases in flooding will occur as a result of the development.
(6) 
All changes in air pollution, noise levels and other environmental quality indices which may result from the proposed development must be specifically discussed in the report.
(7) 
All methods of construction to be used during the building phase outlined and specific restraints specified to avoid any adverse affects upon the surrounding area, including effects of traffic, noise and soil erosion.
F. 
Prior to the issuance of final approval on any development, proof must be submitted to the Planning Board by the applicant that the standards contained in this Part 1 will be complied with. If there is any reasonable doubt that the intended use will conform to any of said standards, the Planning Board shall request from the applicant a fee, as established in Chapter 83, Fees, for each section in doubt, which will be used to defray the cost of a special report to the Planning Board by an expert consultant qualified to advise on conformance to the required standard, and any portion of such fee not necessary to defray such cost shall be returned to the applicant. Said report shall be made within 30 days of the request and copies of it made available to the applicant.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
Prior to the issuance of final site plan approval for any planned development, the Planning Board shall find the following facts and conclusions:
(1) 
Departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the standards in this Part 1.
(2) 
The proposals for maintenance and conservation of the common open space are reliable and the amount, location and purpose of the common open space are adequate.
(3) 
Provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.
(4) 
The proposed development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
(5) 
In the case of a proposed development which contemplates construction over a period of years, the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
H. 
If, with respect to the development requiring site plan approval, water is to be supplied (either through a private, semiprivate or public system) to the site from a well or wells, the site plan submitted to the Planning Board for approval shall be accompanied by the following, and approved only on compliance with the following:
[Added 12-30-1981 by Ord. No. 81-23]
(1) 
Water supply budget.
(a) 
Preparation by the applicant and submission to and review by the Planning Board of a water supply budget based upon the following design assumptions:
[1] 
Demand for water for industrial and commercial development shall be calculated from Appendix A annexed hereto.[2]
[2]
Editor's Note: Appendix A is located at the end of this chapter.
[2] 
Demand for water for residential development shall be calculated from Appendix B annexed hereto.[3]
[3]
Editor's Note: Appendix B is located at the end of this chapter.
[3] 
The safe sustained yield of the aquifer in which is located the well(s) providing water for the development shall be calculated from Appendix C annexed hereto.[4]
[4]
Editor's Note: Appendix C is located at the end of this chapter.
(b) 
The above-mentioned budget shall show the total water demand served by the water supply system providing water to the proposed development, including any water demand generated by already existing development served by such water supply system. The budget shall also show that the applicant owns, or has obtained, the right to withdraw groundwater from, or a release as to withdrawal of groundwater from, an area of land which is sufficient in acreage to provide a water supply necessary to meet the total water demand served by the said water supply system, and based on such supply withdrawing groundwater by such wells at a rate not exceeding the safe sustained yield of applicable aquifers calculated from Appendix C.[5] The area of land referred to shall encompass said wells and, as to each such well, shall be contiguous or separated only by streets or roads.
[5]
Editor's Note: Appendix C is located at the end of this chapter.
(2) 
As to any use of any new well in connection with furnishing such water supply and which, according to such approved water supply budget, would require a water supply capacity exceeding 25 gallons per minute, pump-test data shall be supplied for such well. Such data shall arise from an aquifer pump test of such well as follows:
(a) 
The test shall be of at least 12 hours duration and until either a steady state of drawdown is reached or a point as nearly as practicable to such state is reached.
(b) 
The discharge area from such test well shall be suitably distant from the pumping of observation wells.
(c) 
As to the pumping or test well, there shall be furnished measurement of the static water level, drawdown levels, recovery levels, discharge rate and discharge volume, as well as one set of chemical samples taken during the test.
(d) 
An observation well to the test well, or observation wells if more than one is appropriate to furnish adequate test results, shall be utilized. As to such observation well(s), there shall be furnished measurement of static, drawdown and recovery water levels. Such observation well(s) shall be in hydrologic continuity with the test well and a suitable distance (approximately 0.5 to 1.5 of the depth of the test well) from it. Notification shall be given by the applicant to the Township Engineer at least 48 hours prior to any time when it is proposed to obtain measurements from such observation well(s), and such Engineer shall be permitted, if he desires to do so, to observe the operations during which the measurements are taken.
(e) 
Data from the pump test shall be furnished using the techniques set forth in Appendix D, annexed hereto and on forms approved by the Planning Board.[6]
[6]
Editor's Note: Appendix D is located at the end of this chapter.
(3) 
Substantiation and determination by the Planning Board that the use of the proposed new or expanded well for the development will not have a significant adverse effect on other existing water supplies. A depletion of more than 50% of the original available drawdown (as revealed by original well completion test data or other such source) of such existing wells arising during the operation of the proposed new or expanded well shall be deemed a significant adverse effect as referred to above.
(4) 
A description disclosing the identity of the owner and the location of the involved well, and a description of the involved pumping apparatus and distribution system.
(5) 
Use of wells.
(a) 
As to any development involving the use of a well or wells in connection with furnishing such water supply and which, according to such approved water supply budget, would require a capacity of such water supply in excess of 25 gallons per minute, the applicant shall be permitted, upon submission of pump-test data for the involved well(s) as is required above, as well as any additional data which may reasonably be required by the Planning Board, to attempt to establish to the satisfaction of the Planning Board that:
[1] 
With the water supply system involved withdrawing groundwater by such wells at a rate not exceeding the safe sustained yield of the applicable aquifer (such yield being an amount which will not, considering climatic abnormalities such as drought, on a sustained basis exceed the available groundwater recharge of the aquifer).
[2] 
In the particular instance involved, a smaller area of land than that which would be required by a calculation made according to Subsection H(1) above is sufficient to provide a water supply necessary to meet the total water supply demand served by said water supply system.
(b) 
The Planning Board may consider in reaching its decision competent evidence supplied by any consultant retained by the Board, as well as such evidence supplied by the applicant and other interested parties. The Planning Board shall approve such smaller land area only if the validity of using such smaller land area, rather than that required by a calculation under Subsection H(1), is established by a preponderance of the substantial credible evidence.
I. 
If, with respect to the development requiring site plan approval, water is to be supplied to the site from a well which is an already existing well serving as a water supply for a public water supply system, the site plan submitted to the Planning Board or Board of Adjustment, as the case may be, for approval shall be accompanied by a description identifying the owner and location of the water supply system, the location of the existing distribution point to which the proposed development would be connected and documentary proof that the water supply facility has available excess capacity in terms of its allowable diversion and equipment to supply the proposed development and is willing to do so.
[Added 12-30-1981 by Ord. No. 81-23]