Township of Toms River, NJ Article V Installation and Use of Wells Prohibited in Part of Breton Harbors and Part of North Gilford Park

[Adopted 8-1-1988 by Ord. No. 1-88]

§ 589-27 Purpose.

The purpose of this article is to protect the health, safety and general welfare of the current and future residents of Toms River Township who live within the area of contamination delineated by this article. This article is formulated in response to the written findings and recommendations of the New Jersey State Department of Environmental Protection, Division of Water Resources, dated July 11, 1988, and July 21, 1988, setting forth areas where private wells are to be prohibited. It is also the purpose of this article to prevent the use of contaminated well water within the area delineated by this article for any purpose, by requiring mandatory disconnection, well sealing in accord with state statutes and regulations and hookup to municipal water supply.

§ 589-28 Well restriction areas.

The well restriction areas shall be delineated as follows:

A. Area 1: part of Breton Harbors.

(1) Generally as shown on Toms River Township Map Sheet Number 84 as part of the area from the westerly side of Gladney Avenue on the west to West End Avenue on the east to New Jersey State Highway 37 on the north and to Lake Spring Court and the Toms River on the south, but specifically described as:

	Block	Lot	Block	Lot
	706-2-B-1	All	706-2-B-8	All
	706-2-B-2	All	706-2-B-9	All
	706-2-B-3	All	706-3A	All
	706-2-B-4	All	706-3	All
	706-2-B-5	All	706-4	All
	706-2-B-6	All	706-4A	All
	706-2-B-7	All

(2) Generally as shown on Toms River Township Tax Map Sheet Number 85 as part of the area from the easterly side of Tennyson Avenue on the west to the easterly side of Main Bayway on the east to New Jersey State Highway 37 on the north and to Holmes Avenue and the Toms River on the south, but specifically described as:

	Block	Lot	Block	Lot
	719-12	All	1085-5	All
	720-9	All	1085-7	All
	721-6	All	1085-9	All
	722-3	All	1085-11	All
	1085-24	All	1085-A	All
	1085-17	All	1085-B	All
	1085-16	All	1085-13	All
	1085-14	All	1085-15	All
	1085-12	All	1085-18	All
	1085-10	All	1085-19	All
	1085-8	All	1085-20	All
	1085-6	All	1085-21	All
	1085-4	All	1085-22	All
	1085-2	All	1085-23	All
	1085-1	All	1085	5, 6, 7
	1085-3	All

B. Area II: part of North Gilford Park.

(1) Generally as shown on Toms River Township Tax Map Sheet Number 93 as part of the area from Lillie Road on the east to Garfield Avenue on the west to parts of Adams Road and State Highway 37 on the south to Beachview Drive on the north, but specifically described as:

	Block	Lot	Block	Lot
	1081-H	All	1081-B	All
	1081-G	All	1081-F	All
	1081-E	All	1081-D	All
	1081-C	All	1080-21	All
	1080-6	All	1080-11	All
	1080-16	All	1080-12	All
	1080-17	All	1080-22	All
	1080-13	All	1080-18	All
	1080-23	All	1080-7	1-9, 11-18
	1080-1	8	1080-8	6-9, 17, 18
	1080-14	1-9	1080-19	1-9
	1080-24	1-4

(2) Generally as shown on Toms River Township Tax Map Sheet Number 92 as part of the area from Coolidge Avenue on the west to Clearview Avenue, Ash Street and Lillie Road on the east to Adams Avenue on the south to parts of Windsor Avenue, proceeding northward into Porpoise Court, Hamilton Drive, Bearberry Avenue, Canterbury Avenue and Clearview Avenue on the north, but specifically described as:

	Block	Lot	Block	Lot
	1083-27	All	1083-26	All
	1083-25	All	1083-24	All
	1083-23	All	1083-22	All
	1083-21	All	1083-20	All
	1083-12	All	1083-11	All
	1083-10	All	1083-9	All
	1083-8	All	1083-7	All
	1083-6	All	1083-5	All
	1083-4	All	1083-3	All
	1083-2	All	1083-1	All
	1083-13	All	1082-8	All
	1082-7	All	1082-6	All
	1082-5	All	1082-4	All
	1082-3	All	1082-2	All
	1082-14	All	1082-13	All
	1108-47	All	1108-46	All
	724-70	All	724-80	All
	1083-19	All	1083-18	1-34
	1083-17	1-31	1083-16	1-26
	1083-15	1-26	1083-14	1-23
	813-3	17-20	1081-A	3, 5, 11-20
	1108-48	All	1108-49	All
	1108-44	14-18, 28-33	1108-47	All
	1108-46	All	1108-45	1-4
	724-92	7-14	1082-12	All
	1082-11	All	1082-10	All
	1082-9	All	1082-15	All
	1082-16	All	724-91	1, 2, 3
	791-A	1-8	792-B	1-9
	793-C	1-12, 58-61	724-B	1, 3-26
	724-B2	9, 11, 13-26

§ 589-29 Use of well water prohibited.

The use of private well water other than that provided for by water mains within the contaminated area is hereby prohibited for any purpose as of the effective date of this article.

§ 589-30 Closing and sealing of wells.

Upon the introduction of water mains and water service along the aforementioned streets, all private wells shall be closed and sealed in accordance with state regulations at the expense of the well owner and under the supervision of Toms River Township Board of Health.

§ 589-31 Statutory authority.

The Toms River Township Board of Health adopts this article pursuant to the specific powers granted by N.J.S.A. 26:3-31a, said powers being exercised due to serious threat to the health, safety and welfare of the residents of the affected area in connection with contamination found in the well water of the area delineated.

§ 589-32 Future installations prohibited.

There shall be no well installations of any type within the area delineated above in this article as of the effective date of this article.

§ 589-33 Violations and penalties.

The penalty for the violation of this article shall be not more than $500 nor less than $5. Each day that a violation of this article continues to exist shall constitute a separate and distinct offense.