[Adopted 12-3-2001 by Ord. No. 2001-1[1]]
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 Department of Environmental
Protection dated July 1998, 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 areas delineated by
this article for any purpose, by requiring mandatory disconnection,
well sealing in accord with state statutes and regulations, and hookup
to authorized water supply.
[Amended 5-8-2007 by Ord. No. 4087-07[1]]
Beachwood Avenue, Veeder Avenue and Windsor
Park Areas, those properties and parcels of land designated within
Block 1108 on the Tax Map of the Township of Toms River, as follows,
are well restriction areas:
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Block 1108.24; Lots 2, 8, 14, 16, 18-28, 30-47,
45-47, 48-50, 51-53, 54-57, 58-60, 264-267, 268-270, 271-273, 274-276,
277-279, 280-282, 283-285, 286-288, 289-300, 302, 304, 306-308, 313,
318, 320 and 323
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Block 1108.25; Lots 5, 44, 48, 52, 57-72, 74.01,
74.02, 84, 86, 89, 92, 94, 96, 98, 101, 104, 106 and 108
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Block 1108.26; Lots 1, 2, 3 and 4
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Block 1108.28; Lots 1, 5, 7, 12, 14, 16, 18,
20, 22, 26, 27, 28, 29, 44 and 46
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Block 1108.29; Lots 1 and 2
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Block 1108.30; Lots 2, 6, 10, 14, 18, 22-30,
34
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Block 1108.31; Lots 1, 2, 4, 5, 8, 10, 12, 14,
16, 18, 20, 22, 24, 28, 30, 33 and 35
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Block 1108.32; Lots 1-7
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Block 1108.33; Lots 5, 9, 15, 18, 20-23, 25
and 28
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Block 1108.34; Lots 2, 4, 6, 9, 11-21, 23, 25,
26, 26.01, 27, 28, 30, 31-48
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Block 1108.35; Lots 9-23
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Block 1108.36; Lots 24, 28, 41-56
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Block 1108.38; Lots 1-28
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Block 1108.39; Lots 1-17
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Block 1108.51; Lots 61-63, 64, 65, 66-68 and
69-71
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Block 1108.53; Lots 111, 114, 116, 118, 120
and 122
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[1]
Editor's Note: This ordinance also provided
that it is subject to the approval of a like ordinance by the Toms
River Township Board of Health.
The use of private well water other than that
provided for by water mains from an authorized water company within
the contaminated areas is hereby prohibited for any purpose as of
the effective date of this article.
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.
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.
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, including wells for irrigation purposes only.
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.
