[Amended 2-14-2005 by Ord. No. 2005-03LU]
A. 
Compliance. All development approved after the effective date of this chapter shall comply with this article.
B. 
Natural resource mapping. Prior to the submission of any application for preliminary major subdivision approval, minor subdivision approval, site plan approval or, if required by the Board or not previously submitted in connection with a particular lot or tract, a construction permit, maps shall be submitted delineating the natural resources on the entire tract containing the development site, even if the entire tract is not being proposed for development. Such maps shall be drawn at the largest possible scale that will allow the entire lot or tract to be shown on one of the four standard sheet sizes permitted for plats by the Map Filing Law, Chapter 141, Laws of 1960 (8 1/2 inches by 13 inches; 15 inches by 21 inches; 24 inches by 36 inches; 30 inches by 42 inches), but shall in no case be drawn at a scale of less than one inch equals 200 feet. The natural resources shown shall include all of the types identified in § 230-116B that shall be mapped using the references and sources set forth in § 230-116C and may be in GIS format, provided that such GIS mapping shall be presented with sufficient clarity and contrast so that the information presented is easily read and interpreted. It is anticipated that an applicant may need to retain the services of one or more qualified experts to assemble and map the natural resources on the tract and to interpret the data required at Subsection C(2) below.
(1) 
Minor subdivisions.
(a) 
Optional GIS mapping by the Township for minor subdivisions. Any applicant contemplating a minor subdivision shall have the option of paying a fee to the Township sufficient to cover the cost of contracting with an outside entity for the mapping of the Hunterdon County GIS data for the tract at a scale of not less than one inch equals 200 feet. The Hunterdon County GIS data are based upon the published sources cited herein and include necessary geological information. Such data shall be sufficient for the Planning Board's review of a minor subdivision unless the unique characteristics of the site or the nature of the development proposed for it warrant a site-specific investigation of certain features or unless the applicant elects to undertake a site-specific investigation relative to certain features.
(b) 
Minor subdivision incorporating entire tract. An applicant contemplating a minor subdivision of an entire tract with no lands that can be further subdivided is urged to appear before the Planning Board for informal review after completing the natural resources mapping and before platting of the proposed minor subdivision for a determination of the lot yield and so that the Board will be able to comment on the proposed lot lines and dwelling locations. An applicant for a minor subdivision incorporating an entire tract is not required to complete and submit a Buildable Tract Area Calculation Form but shall submit a Lot Yield Calculation Form.
(c) 
Minor subdivision incorporating a portion of a tract where further subdivision potential exists. An applicant contemplating a minor subdivision of a portion of a tract where further subdivision potential exists is urged to appear before the Planning Board for informal review after completing the natural resource mapping and the calculations required on the Lot Yield Calculation Form and the Buildable Tract Area Calculation Form and before platting the proposed minor subdivision for a determination of the lot yield and the buildable tract area and so that the Board will be able to advise the applicant as to the proposed locations for the new lot(s) relative to the current use and potential future development of the entire tract, consistent with the Township's criteria for major subdivisions and the objectives of the Master Plan, and will also be able to comment on the proposed lot lines and dwelling location(s).
(2) 
All other applications. After completing the mapping of the natural resources on the tract and the calculations required at Subsection C(2) and presented on the Lot Yield Calculation Form and on the Buildable Tract Area Calculation Form, and prior to preparing a preliminary subdivision plat or site plan, the applicant is urged to appear before the Planning Board for informal review for a determination of the lot yield and the buildable tract area and so that the Board will be able to advise the applicant as to the development alternative proposed to be utilized and the layout of the subdivision or development of the tract consistent with the Township's criteria and the objectives of the Master Plan.
(3) 
Exemptions. Subdivision of tracts outside of the A-1 Zone or A-2 Zone and subdivisions of tracts of less than 12 acres in the A-1 Zone and less than 24 acres in the A-2 Zone shall not be required to include Class I, Class II and Class III agricultural soils in the natural resources mapping nor on the Buildable Tract Area Calculation Form.
C. 
Lot yield and buildable tract area calculations. This section is intended to be used, first, to compute the permitted number of dwelling units or lots on a tract after subtracting the area of all critical resource protection areas from the adjusted gross tract area and, second, to determine the area of the tract that is best suited for development after subtracting all identified resource protection areas from the adjusted gross tract area. It is designed to assist the Board in guiding, to the greatest extent practicable, all development activities to the most suitable area(s) of a tract, or, where insufficient land remains after subtracting all resource protection areas to accommodate the permitted density of development as determined by the lot yield calculation, to assist the Board in determining the extent to which development shall be permitted to occur within the resource protection areas. The buildable tract area calculation is not intended to be used to further reduce the number of dwelling units or lots determined by the lot yield calculation but merely to determine where improvements shall be located on the tract.
(1) 
Applicability. The Lot Yield and Buildable Tract Area Calculation Forms shall be submitted prior to the submission of all minor subdivision applications and at the informal sketch or conceptual plan stage for all subdivision and site plans or prior to the issuance of a construction permit, unless otherwise provided in this section. In addition, any development proposing one or more single-family detached dwelling(s) must comply with § 230-12G(1), Exceptions to minimum lot size and yard requirements.
(2) 
Submission requirements.
(a) 
Lot yield. In determining the lot yield, the Lot Yield Calculation Form presented herein shall be used and shall be submitted to the Board along with the required natural resources mapping.
(b) 
Buildable tract area. In determining the buildable tract area, the Buildable Tract Area Calculation Form presented herein shall be used and shall be submitted to the Board along with the required natural resource mapping. The Buildable Tract Area Calculation Form shall not be required to be submitted for minor subdivisions incorporating an entire tract with no lands that can be further subdivided.
Lot Yield Calculation Form
This form is used to deduct Critical Resource Protection Areas and other unbuildable portions of a tract from the gross tract area for the purpose of determining the number of dwelling units permitted within the tract.
Instructions:
a.
Enter appropriate acreage in Column A, multiply Column A by factor in Column B and place result in Column C. For cells that have dashes, no information is required to be entered.
b.
Do not double count acreage in Lines 2 through 6. When there is an overlap, enter the affected acreage on the line with the first named characteristic and do not include any portion of that acreage in the identification and calculation of any other named characteristic.
Column A
Column B
Column C
1.
Gross tract area
1.00
2.
Area of existing road and transmission rights-of-way, including proposed new roads within the tract but excluding easements or rights-of-way required for widening of existing roads abutting the tract boundaries
1.00
3.
Area of all existing easements and restrictive covenants except for those easements and restrictive covenants that were imposed as a result of a prior development approval (and that are not to be deducted for the purposes of determining lot yield)
1.00
4.
Area of floodplains, wetlands, NJDEP-required wetlands transition areas, any areas deemed by NJDEP to be unavailable for development due to the presence of Special Water Resource Protection Areas for C-1 waters, streams, required stream corridors, and land under water (except swimming pools)
1.00
5.
Area of slopes 25% and greater
1.00
6.
Area of slopes 15% and greater but less than 25%
0.85
7.
Sum of Lines 2 through 6, Column C
—
—
8.
Net tract area (Line 1 less Line 7)
—
—
9.
Maximum density (see §§ 230-16D and 230-17D)
—
—
10.
Maximum number of dwelling units permitted (Line 8 divided by lot area per dwelling unit in Line 9)
—
—
Buildable Tract Area Calculation Form
[Amended 6-14-2004 by Ord. No. 2004-09LU; 2-14-2005 by Ord. No. 2005-03LU]
The form presented on the following page is used to determine the permitted location(s) for the lots to be created within the tract. An applicant for a minor subdivision incorporating an entire tract is not required to complete and submit this Buildable Tract Area Calculation Form but shall submit the Lot Yield Calculation Form presented on the preceding page.
Instructions:
a.
Enter appropriate acreage in Column A, multiply Column A by factor in Column B and place result in Column C. For cells that have dashes, no information is required to be entered.
b.
Do not double-count acreage in Lines 2 through 11. When there is an overlap, enter the affected acreage on the line with the first named characteristic and do not include any portion of that acreage in the identification and calculation of any other named characteristic.
c.
Deduct Lines 9 and 10 only for land in A-1 and A-2 Zones. See Appendix IV for agricultural soil classifications.[1] For tracts of less than 12 acres in the A-1 Zone and less than 24 acres in the A-2 Zone, leave the cells in Lines 9 and 10 blank.
d.
If the buildable tract area entered in Line 13 is insufficient to accommodate the number of dwelling units permitted by the Lot Yield Calculation Form, then development shall be permitted to occur in those resource protection areas identified in Lines 8 through 11 in inverse order (beginning with "area of non-floodplain woodlands" identified in Line 11 and proceeding to area of Class III agricultural soils and so forth) to the minimum extent necessary to accommodate the permitted number of dwelling units, provided, however, that the layout of the subdivision shall be designed to minimize the need for intrusions into the resource protection areas and further provided that the municipal agency may require that development be directed into other areas of the tract to advance the objectives of the Master Plan and this article. The municipal agency may require conservation easements on portions of lots that include resource protection areas that need not be disturbed and/or are not permitted to be disturbed for the construction of improvements.
Column A
Column B
Column C
1.
Gross tract area
1.00
2.
Area of existing road and transmission rights-of-way, including proposed new roads within the tract but excluding easements or rights-of-way required for widening of existing roads abutting the tract boundaries
1.00
3.
Area of all existing easements and restrictive covenants
1.00
4.
Area of floodplains, wetlands, NJDEP-required wetlands transition areas, NJDEP-required Special Water Resource Protection Areas for C-1 waters, streams, required stream corridors and land under water (except swimming pools)
1.00
5.
Area of floodplain woodlands
1.00
6.
Area of slopes 25% and greater
1.00
7.
Area of slopes 15% and greater with highly erodible soils or a depth to bedrock of 5 feet or less per SCS
1.00
8.
Area of slopes 15% to 25% without highly erodible soils and with a depth to bedrock of greater than 5 feet per SCS
0.75
9.
Area of Class I and Class II (Prime) agricultural soils (see Instruction c. above for small tracts)
0.90
10.
Area of Class III (Statewide Importance) agricultural soils (see Instruction c. above for small tracts)
0.70
11.
Area of non-floodplain woodlands
0.90
12.
Sum of Lines 2 through 11, Column C
—
—
13.
Buildable tract area (Line 1 less Line 12)
—
—
[1]
Editor's Note: Appendix IV is included as an attachment to this chapter.
(3) 
Calculation of maximum permitted impervious surface coverage.
_________ acres
x
___________
=
__________ acres
Net Tract Area
(Line 8 of Lot Yield Calculation Form)
Maximum Impervious Surface Ratio Permitted in Zone
Maximum Permitted Impervious Surface Coverage for the Tract
Note: See §§ § 230-16D and 230-17D for applicable maximum impervious surface ratios.
A. 
Land disturbance prior to approval. Land disturbance prior to approval by the Planning Board shall be prohibited. This subsection shall not prohibit any land management practices that may be necessary for the ecological improvement of any stream, pond, lake, or wetland or for forest production, provided that all applicable permits have been obtained from all appropriate federal, state, and local regulatory agencies.
[Amended 2-14-2005 by Ord. No. 2005-03LU]
B. 
Natural resources types and restrictions. It is the purpose of this section to protect all of the natural resources listed herein from development and/or from the impacts of development. It is acknowledged that, in certain cases, other goals of the Delaware Township Master Plan or other purposes of this chapter may result in competing objectives for the development of a particular tract. In such cases, a modification of one or more of the restrictions set forth herein might advance the goals and objectives of the Master Plan and the overall intent of this article better than would the strict application of the chapter. Alternatively, the buildable tract area of a tract may be so limited that it is unable to accommodate the permitted lot yield and still meet other Master Plan objectives, and relief may be warranted. Where the Planning Board determines that approving a modification of one or more of the restrictions set forth herein is appropriate for either of the foregoing reasons, the Board may approve intrusions into areas where development would otherwise be precluded in accordance with the priorities established in Instruction d. on the Buildable Tract Area Calculation Form presented at § 230-115C(2).
[Amended 2-14-2005 by Ord. No. 2005-03LU]
(1) 
Floodplains and floodplain soils. All such lands shall remain as open space. No structures, roads, filling, piping, diverting, or stormwater detention basins shall be permitted in the floodplain unless the use, activity or development occurring in the floodplain is in compliance with § 230-120, Floodplain management, and has been approved by the New Jersey Department of Environmental Protection.
(2) 
Lakes, ponds, wetlands, and watercourses. Wetlands including wetland buffers, lakes, ponds, and watercourses shall remain as one-hundred-percent open space. No development, filling, piping, or diverting shall be allowed unless specifically permitted by the state or federal agency having jurisdiction over said activity.
(3) 
Stream corridors. Stream corridors are defined and regulated at § 230-126 of this chapter.
[Amended 10-10-2006 by Ord. No. 2006-24LU; 10-29-2007 by Ord. No. 2007-30LU]
(4) 
Lake and pond shorelines. None of the lands within 50 feet of the shoreline of a lake or pond shall be regraded or developed, except to allow for limited and appropriate recreational uses (e.g., docks).
(5) 
Steep slopes.
(a) 
In areas of steep slopes that are above 15% but less than 25%, no land disturbance shall be permitted, except that relief may be granted from this prohibition to permit a driveway crossing where no other means of access to a property exists or can be provided as set forth below:
[1] 
The distance shall only be to the minimum extent needed to afford access.
[2] 
The disturbance shall not involve the disturbance of any slopes of 25% or greater.
[3] 
The location and design of the driveway and of any mitigation measures necessitated by the clearance of vegetation and/or regrading of the area shall be reviewed by the Board prior to any site disturbance or the issuance of permits therefor.
(b) 
No disturbance of slopes of 25% or greater shall be permitted.
(6) 
Woodlands. All wooded areas shall be subject to the following restrictions when the area of each individual association is greater than 1/4 acre.
(a) 
Floodplain/hemlock associations. No area shall be developed and/or regraded or cleared of vegetation. The total area shall remain as open space.
(b) 
Mesic and upland associations. No more than 50% of such area shall be developed and/or regraded or cleared of vegetation. The minimum width of remaining stands of trees shall not be less than three times the height of the canopy. The remaining balance of the woodland shall remain as permanent open space and shall be protected during construction from root compaction by equipment and material.
(c) 
Hedgerows. Hedgerows comprise trees, successional shrubs, and stone rows that line the roads and farm fields. Hedgerows shall be preserved to the greatest extent practicable.
(d) 
Exemptions. The requirements of this section shall not apply on an individual lot basis where the lot in question has been the subject of a prior site plan or subdivision approval. On existing or proposed wooded lots, exemptions to the woodlands standards may be permitted, provided all of the following provisions are met and approved by the Planning Board:
[1] 
Regrading or clearing of vegetation will not adversely affect the utility or character of the overall foliage of the parcel or lot in question. The provisions of this section shall not apply to a landowner that wishes to remove an individual tree for purposes other than development, subject to Subsection B(7) below.
[2] 
The removal of trees will enable the proposed development to be located so as to maximize the preservation of land for agricultural use.
[3] 
The proposed development will be less visible or obtrusive if some trees are permitted to be removed to allow the development to be located so as to make use of existing topography or wooded areas to remain to screen views of the development from public streets.
(7) 
Trees on wooded lots.
(a) 
No healthy trees of diameter greater than 10 inches measured at a point four feet above grade shall be removed except as necessary for construction covered by an approved construction permit.
(b) 
For all healthy trees of a diameter greater than 10 inches measured at a point four feet above grade, the following standards shall apply: No greater than 1/3 of the roots may be disturbed by the removal of topsoil or paving, provided that a similar amount of the canopy has been removed by a trained arborist. Any filling within 35 feet of the trunk shall require a tree well and/or aeration channels in accordance with the standards of the American Association of Nurserymen, Inc.
(c) 
Any clear-cutting of trees on a wooded lot shall require a woodland management plan that incorporates best management practices prepared by a professional forester and approved by the Planning Board.
(8) 
Agricultural soils. Within the A-1 Zone only, for all areas of prime agricultural soils as listed in the Hunterdon County Soil Survey, prepared by the U.S. Department of Agriculture, Natural Resources Conservation Service, the following standards shall apply:
(a) 
Class I Agricultural Soils: no more than 10% of these areas shall be developed.
(b) 
Class II Agricultural Soils: no more than 20% of these areas shall be developed.
(c) 
Class III Agricultural Soils: no more than 30% of these areas shall be developed.
C. 
References and sources for natural resources mapping and calculations.
(1) 
Floodplains and floodplain soils. The one-hundred-year floodplain shall be based on the current Federal Emergency Management maps for Delaware Township, unless a more specific delineation has been undertaken by the NJDEP. Floodplain soils shall be based on the mappings and classifications contained in the Hunterdon County Soil Survey prepared by the U.S.D.A. Natural Resources Conservation Service. For all major subdivisions and site plans, these sources must be supplemented by site-specific data resulting from a topographic survey of the tract and the results of any on-site soil tests conducted within the preceding two years.
(2) 
Lakes, ponds, wetlands and watercourses. Lakes, ponds and watercourses shall be as shown on the United States Geological Survey maps, Lumberville, Pittstown or Stockton quadrangles, as applicable, and shall include all continuously flowing and intermittent streams. Wetlands and water bodies identified as state open waters shall be as delineated on the Freshwater Wetlands maps published by the NJDEP and keyed to the above listed quadrangles or quarter-quadrangles, if available. For all major subdivisions and site plans, these sources must be supplemented by site-specific data resulting from a topographic survey of the tract and a wetlands investigation report prepared by a qualified professional and verified by the NJDEP in a letter of interpretation (LOI). Required wetlands transition areas shall be as indicated in the LOI.
(3) 
Stream corridors. The stream corridor shall be determined for each stream pursuant to Subsection B based upon information derived from the following sources: the U.S. Geological Survey (USGS) Quadrangle maps, the USDA Hunterdon County Soil Survey maps, the most recent state aerial photography, NJDEP floodway delineations, FEMA maps and NJDEP wetland delineations. For all major subdivisions and site plans, such information shall be supplemented with site-specific data resulting from a topographic survey of the tract and the other studies required elsewhere in Article XII of this chapter. Such survey shall, as a minimum, show existing vegetation on the tract; field-delineated streams; field-delineated wetlands; the one-hundred-year floodplain shown on the FEMA maps and the floodway, if delineated by the NJDEP; soil classifications; existing subdrainage areas, sized, with HUC-14 designations; and a slope analysis within each subdrainage area identifying slopes that are 15% and above but less than 20%, 20% and above but less than 25%, and 25% and above.
[Amended 10-10-2006 by Ord. No. 2006-24LU; 10-29-2007 by Ord. No. 2007-30LU]
(4) 
Lake and pond shorelines. The shoreline of any lake or pond shall be delineated based upon historical records, if available, indicating the highest elevation of the water level, and shall be further documented by on-site soil tests, applicable floodplain data, and the wetlands delineation and LOI.
(5) 
Steep slopes. Steep slopes shall be identified for major subdivisions and site plans based on a topographic survey of the tract showing two-foot contours as well as a subsequent analysis of the degree of slope at ten-foot intervals. For minor subdivisions, the topographic data shown for the entire tract on the applicable USGS quadrangle map will be sufficient unless the Board determines that site conditions or the nature of the development contemplated warrants more detailed information.
(6) 
Woodlands. For all major subdivisions and site plans, the type and extent of woodlands present shall be determined by an on-site investigation undertaken by a qualified forester with the results mapped on the topographic survey of the tract. For minor subdivisions, recent aerial photography may be substituted for the on-site investigation.
(7) 
Agricultural soils. Agricultural soils shall be identified based upon the soils classifications and mappings contained in the Hunterdon County Soil Survey prepared by the U.S.D.A. Natural Resources Conservation Service. For all major subdivisions and site plans, the U.S.D.A. Natural Resources Conservation Service mappings of soils shall be supplemented by site-specific data resulting from a topographic survey of the tract and the results of any on-site soil tests conducted within the preceding two years.
A. 
Agriculture information report (AIR) requirement. An Agricultural Information Report shall be included with any application for the subdivision of 30 or more acres of land that is under farmland assessment within the A-1 Zone or 60 or more acres of land that is under farmland assessment within the A-2 Zone. The AIR shall provide all information needed to evaluate the primary and secondary impacts of the development upon agriculture within and around the parcel proposed for subdivision and to determine the best layout of lots for the continuation of agriculture.
B. 
AIR exemptions.
(1) 
Subdivision of land for agricultural purposes shall be exempt from the requirements of this section.
(2) 
An applicant may arrange an early review meeting with the Subdivision and Site Plan Review Subcommittee and may submit to the Subcommittee sufficient information concerning the proposed development to allow the Subcommittee to make an informed decision on whether some, or all, of the documentation required in this section can be waived. In such an event, the Subcommittee shall indicate what specific documentation listed in this § 230-117 shall be required to process the application in a thorough and informed manner.
C. 
Information required for AIR. Unless waived by the Planning Board, the following information is required for an AIR:
(1) 
A description of the development and the proposed lot layout and the proposed land for agricultural deed restriction, if any.
(2) 
The following information concerning the farmland and agricultural production characteristics of the parcel for development:
(a) 
A copy of applications for farmland assessment for the five previous years, including maps and other documentation, and written report of the total number of years the property has been receiving farmland assessment.
(b) 
A sketch showing the location of priority farmland.
(c) 
A written statement of the area of land (accurate to within 5%) that is priority farmland and the proportions of priority farmland to all agricultural land on the parcel and to the total acreage of the parcel.
(d) 
A sketch showing the location of existing structural soil conservation practices such as diversions, terraces, or intact irrigation capability.
(3) 
The following information concerning land use surrounding the parcel proposed for development:
(a) 
A written statement on the estimated proportion of land in agricultural use, including land in woods or forest, within one mile of the parcel.
(b) 
A written statement describing the extent that the parcel is buffered from nonagricultural uses, e.g., by stream corridors, woodlands, steep slopes, and similar physical features.
(c) 
A written statement on the likely effect of the proposed development on farm operations on contiguous properties and suggested ways of ameliorating any negative effects.
(4) 
The following information regarding any proposal to place a permanent agricultural deed restriction on a portion or portions of a parcel, if applicable:
(a) 
A sketch on the appropriate tax map showing the location of the proposed deed restricted land, by individual fields.
(b) 
A written statement of the size of each field that will be placed under permanent deed restriction.
(c) 
A written statement of the acreage of priority farmland that will be placed under a permanent deed restriction.
(d) 
A brief analysis of the type of agricultural production that reasonably could be undertaken on the farmland placed under permanent deed restriction.
(e) 
A written statement of the reasoning that led to the proposed lot layout as it affects agricultural uses.
A. 
Environmental information report (EIR) requirement. All applications for major subdivisions or for site plans classified as major shall include an environmental information report (EIR) that shall provide all information needed to evaluate the primary and secondary impacts of the development upon the environment. The Planning Board shall review the EIR for completeness.
B. 
Application for total or partial exemption; early review. An applicant may arrange an early review meeting with the Subdivision Site Plan Review Committee of the Planning Board and submit to it sufficient information concerning the proposed development so that the Committee can make an informed decision whether some or all of the documentation required in this article may be waived. In such an event, the Subdivision Site Plan Review Committee shall indicate what specific documentation listed in this article shall be required in order to process the application.
C. 
Required information for EIR. Unless waived by the Planning Board, the following information is required for an environmental information report:
(1) 
A description of the development specifying what is to be done and how it is to be done during construction and operation.
(2) 
An inventory of existing environmental conditions at the project site and in the immediate surrounding region, including:
(a) 
Soil. A list of the pertinent sections of sheets of the Hunterdon County Soil Survey Map covering the site; a description of the surficial geology of the area and, if deemed necessary by the Planning Board, soil boring test results.
(b) 
Water. Estimated potable water demand in gallons per day, and the source and adequacy of the water supply. Description of existing water quality, both surface and groundwater.
(c) 
Sewerage facilities. Estimated sewage to be generated in gallons per day and a general description of on-site or off-site sewage disposal methods proposed.
(d) 
Solid waste disposal. Character and estimated tons per week of solid waste to be generated and the means of disposal thereof, with an indication whether disposal will be by public or private facilities.
(e) 
Air pollution. Proposed uses, processes or equipment that will affect the ambient air quality, such as, but not limited to, those relating to heating, air conditioning, incineration and materials production. Also a description of existing air quality of the area.
(f) 
Drainage. Information as required under Article XI of this chapter.
(g) 
Traffic. The following traffic data shall be furnished:
[1] 
Widths and conditions of existing roads in the vicinity of the proposed development that are expected to be affected by the development.
[2] 
Existing traffic volumes on such roads.
[3] 
Estimated increases in traffic volume to be generated by the development and distribution of such increases with respect to time of day and direction of movement.
(h) 
Resource protection areas. An identification of areas that contain Resource Protection Lands.
(i) 
Hydrology and geology. A description of the geologic formations together with a discussion of their hydrologic characteristics.
(j) 
Additional information. Such other information as shall be reasonably requested to aid in assessing the effect upon the environment and in determining whether the proposed development complies with the provisions of this chapter.
(3) 
EIR licenses, permits, and approvals. The EIR shall list all licenses, permits and approvals needed to be furnished by federal, state, county or municipal law and the status of these permits and approvals. All pertinent correspondence between the applicant and these governmental bodies or agencies shall be included in the report.
(4) 
Listing of adverse environmental impacts. A listing and evaluation shall be included regarding those adverse environmental impacts of the proposed development which cannot be avoided, with particular emphasis on air and water pollution, increase in noise, damage to natural resources, displacement of people and businesses, loss of farmland, increase in soil erosion, increase in runoff, increase in municipal services, effect on wildlife, and effect on scenic amenities. Both on-site and off-site impacts shall be set forth and evaluated.
(5) 
Mitigation of adverse environmental impacts. A description of steps to be taken to minimize adverse environmental impacts during construction and operation, both at the development site and in the surrounding region. Such description is to be accompanied by necessary maps, schedules and other explanatory data as may be needed to clarify and explain the steps to be taken. The developer or his consultants in overall charge of the EIR shall include therein all steps that the developer must undertake to successfully implement the recommendations of the report. Recommended steps must include a positive statement affirming the developer's intent to undertake this work by using terms such as "shall be," "must," etc.
(6) 
EIR required for public or quasi-public projects. The EIR required herein shall also be submitted for all public or quasi-public projects unless such are exempt from the requirements of local law by supervening county, state or federal law.
(7) 
Copies of EIR. Sixteen copies of the EIR shall be submitted to the Planning Board together with a fees as set forth in the Fee Schedule.[1]
[1]
Editor's Note: See Article XV.
D. 
Environmental Commission review. The Planning Board shall submit the EIR to the Environmental Commission for review. The Environmental Commission shall report thereon to Planning Board at the Board's next regular meeting following the submission of the EIR to the Environmental Commission.
A. 
Requirements for all uses.
(1) 
Noxious, hazardous or offensive uses standards for determination. Except for agricultural uses, which are exempt to the extent provided in the New Jersey Right to Farm Act[1] and § 230-15 herein, no use shall be permitted which will be noxious or offensive to the immediately surrounding area by reason of odor, dust, smoke, gas, vibration, illumination, or noise, or which constitutes a public hazard, whether by fire, explosion, or otherwise. In determining whether a proposed use is noxious, hazardous, or offensive, all of the following standards shall apply:
(a) 
The proposed use shall not constitute any nuisance whatsoever beyond the boundary of a site on which the use is located by a reason of dissemination of noxious, toxic, or corrosive fumes, smoke, odor, or dust.
(b) 
The proposed use shall not result in noise exceeding the average intensity occurring from other causes at the boundary line.
(c) 
The proposed use shall not endanger surrounding areas by reason of fire or explosion.
(d) 
The proposed use shall not produce objectionable heat, glare, or radiation beyond the property line.
(e) 
The proposed use shall not result in major electrical disturbance in nearby residences, or adversely affect the operation of equipment other than on the property in which the disturbance is located, when such equipment can be shown to be of good design and in proper functional condition.
(f) 
The proposed use shall not discharge any untreated sewage or industrial waste into any stream, or otherwise contribute to the pollution of surface or groundwater in accordance with the statutes of the State of New Jersey and the federal government.
(g) 
Create any condition in an adjoining area that will endanger public health or safety or be detrimental to the proper use of the surrounding area in accordance with this chapter.
[1]
Editor's Note: See N.J.S.A. 4:1C-1 et seq.
(2) 
Proof requirements for noxious, hazardous or offensive uses. When required by the Township, an applicant for a proposed use shall demonstrate as a condition of approval that adequate provisions will be made to reduce and minimize any objectionable elements to the degree necessary to ensure that the proposed use will not be noxious, hazardous or offensive as defined above. If required for certain uses, the applicant shall submit supplemental information, plans, and impartial expert judgments, and the Township may require the expert advise of official agencies or private consultants and such reasonable tests as are deemed necessary, the costs of which shall be borne by the applicant.
(3) 
Common wastewater disposal systems. Any subdivision of land or land development proposed in which the lots are to be less than 1.5 acres in size shall be served by a common wastewater disposal system, or by sewers approved by the NJDEP and in accordance with the provisions set forth in §§ 230-16D and 230-17D of this chapter. Such wastewater disposal system shall meet the requirements of the approving agency having jurisdiction and shall be owned, maintained and managed by the developer, a homeowners' association or by an agency contracted by the developer or the homeowner's association that is licensed to construct and maintain said system.
B. 
Environmental performance standards for commercial and industrial uses.
(1) 
Condition of approval. As a condition of approval of any business or industrial use, or for building, processing, installation, production or other use in any district, except agricultural uses, the applicant shall supply evidence, satisfactory to the Construction Official or to his designated representative, that the proposed building, processing, installation, production or other use will conform fully with all of the applicable performance standards of this section. As evidence of compliance, the Construction Official may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant. Such fees and costs must be paid before a certificate of occupancy will be issued. The Construction Official may require that specific operation procedures or methods be followed if the government agencies or testing laboratories examining the proposed operation shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required to assure compliance with the performance standards listed below.
(2) 
General regulations. No use, except agricultural uses that conform to state and federal regulations, shall be established, maintained or conducted that will cause any of the following:
(a) 
Dissemination of toxic or noxious smoke, fumes gas, dust, odor, or any other atmospheric pollutant into the air to such a degree as to be detrimental to the health and welfare of residents in the area, as determined by applicable laws and regulations.
(b) 
Discharge of any waste material whatsoever on the site or into any watercourse except in accordance with federal, state, and local requirements.
(c) 
Dissemination of vibration and/or noise exceeding the average intensity occurring from other causes at the boundary line of the site on which such use is conducted.
(d) 
Dissemination of heat or glare beyond the property line of the site.
(e) 
Hazard by reason of fire, explosion, radiation or similar cause to property in the same or adjacent districts or zones. Safeguards for the health and safety of workers shall comply with all applicable regulations.
(f) 
The Planning Board shall submit all applications to the Board of Health for comment in regard to the effect of the proposed use upon the public health of the residents of the Township and the surrounding area in respect to any potential pollution of air resulting from the dissemination of smoke, chemicals, odors or dust from the industrial processes of the proposed use.
(3) 
Liquid wastes. No liquid wastes shall be discharged directly or indirectly into any watercourse in the municipality, except as herein provided. If waste treatment facilities are proposed to be constructed, the applicant shall supply the following:
(a) 
Certification in writing by the New Jersey Department of Environmental Protection that such proposed facilities are in compliance with applicable state laws and regulations;
(b) 
Certification in writing by the Engineer of the Delaware Township Municipal Utilities Authority (DTMUA) that the proposed facilities meet the requirements of the DTMUA; and
(c) 
Certification in writing by the Delaware Township Board of Health approving the installation of such facilities.
(4) 
Storage and waste disposal. No materials including waste and substances that can contaminate a stream or aquifer shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or force. All materials that might cause fumes or dust or which constitute a fire or explosion hazard, or that might be attractive to rodents or insects, shall be stored indoors in appropriate containers adequate to eliminate such hazards.
(5) 
Industrial wastes. No industrial waste shall be discharged into the public sewage collection and disposal system unless the Township Board of Health and the appropriate sewerage authority shall have first investigated the character and volume of such waste and shall have certified in writing that it will accept the discharge of such waste material into the system. The applicant shall comply with any requirements of said authorities.
(6) 
Solid wastes. Each industrial use shall conform to the appropriate codes of the State of New Jersey and the Township of Delaware pertaining to the disposal of solid wastes.
(7) 
Fire and explosion hazards.
(a) 
The storage, utilization, or manufacture of materials or products ranging from incombustible to moderate burning, as determined for liquids by a closed-cup flash point of not less than 187° F., is permitted subject to compliance with all performance standards for the district.
(b) 
The storage, utilization, or manufacture of materials or products ranging from free or active burning to intense burning, as determined for liquids by a closed-cup flash point of less than 187° F. but not less than 120° F., is permitted, subject to compliance with all performance standards for the district, and provided the following conditions are met:
[1] 
The materials of products shall be stored, utilized, or produced within completely enclosed buildings or structures having incombustible exterior walls.
[2] 
All such buildings or structures shall be set back at least 75 feet from side and rear lot lines and 150 feet from the front lot line, and shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the National Fire Protection Association or Factory Insurance Association; or, if the materials, foods, or products are liquids, the protection thereof shall be in conformity with the standards prescribed by the National Fire Protection Association or Factory Insurance Association.
(c) 
The utilization in a manufacturing process of materials that produce flammable or explosive vapors or gases as determined for liquids by a closed cup flash point of less than 120° F. shall be prohibited without a special permit from the Township Engineer. Issuance of such permit shall be guided by, but not limited to, the following criteria:
[1] 
The final manufactured product shall not itself have a closed-cup flash point of less than 187° F.
[2] 
The use of such material shall be in conformity with the standards prescribed by the National Fire Protection Association and the requirements of other ordinances of the Township.
(8) 
Storage. The storage of more than 10,000 gallons of materials or products having a closed-cup flash point less than 120° F., including storage of finished products in the original sealed container, is prohibited. Bulk storage of more than 500 gallons must be in underground facilities designed to meet the standards prescribed by the National Fire Protection Association, and the requirements of any other ordinances of the Township.
A. 
Purpose. It is the purpose of this section to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
(1) 
To protect human life and health;
(2) 
To minimize expenditure of public money for costly flood control projects;
(3) 
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) 
To minimize prolonged business interruptions;
(5) 
To minimize damage to public facilities and utilities such as water mains, electric, telephone and sewer lines, streets and ridges located in areas prone to flooding;
(6) 
To protect water quality;
(7) 
To protect wildlife habitats;
(8) 
To maintain aesthetic character of lands near streams, lakes, and other watercourses; and
(9) 
To prevent siltation of streams and watercourses.
B. 
Floodplain delineation. For purposes of this chapter, the floodplain shall include areas subject to inundation by water of the one-hundred-year flood as identified in § 203-7 of this Code. In areas of the municipality where detailed flood profiles or elevations are not available, the floodplain soils as defined in the Soil Survey of Hunterdon County, New Jersey, prepared by the U.S.D.A. Natural Resources Conservation Service, shall govern unless the applicant for the proposed use, development and/or activity or the Planning Board determines this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken at the expense of the applicant by professional engineers or others of demonstrated qualifications, who shall certify that the methods used correctly reflect current accepted technical concepts.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the area of the one-hundred-year floodplain will be free from flooding or flood damages. This chapter shall not create liability on the part of the Township of Delaware, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
D. 
Permitted uses in floodplain areas. The uses listed below are permitted within the one-hundred-year floodplain as long as they: do not obstruct overland drainage flows in the floodplain; do not require modification or relocation of any channel of a non-delineated stream; and do not adversely affect water quality or stream ecology.
(1) 
Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. Additionally, specific soil conservation practices such as terracing, construction of diversions, subsurface drainage and the construction of grassed waterways and dug ponds will be considered permitted uses, but only when designed and constructed under the supervision of the appropriate Soil Conservation District. Plastic-covered greenhouses constructed without permanent foundations are permitted uses. Also permitted are fences associated with the foregoing agricultural uses.
(2) 
Accessory residential uses, such as yard areas, gardens, play areas, open landscaping fences, barbecues, and driving and parking areas with grass block or other porous surface.
(3) 
If otherwise permitted, public and private recreational uses and activities, such as parks, playing fields, picnic grounds, golf courses, boat launching and swimming areas, wildlife and nature preserves, game farms, hiking and horseback riding trails, shooting preserves, hunting and fishing areas, tennis courts, basketball courts, driving ranges, archery ranges, and fish hatcheries.
(4) 
Accessory commercial uses, such as yard areas, and parking and loading areas with porous surfaces.
E. 
Prohibited uses. Any construction, enlargements, or expansion of any structure that is not expressly permitted in Subsection D above shall be prohibited within the floodplain.
At the time a lot or tract that includes resource protection lands, including floodplains, stream corridors, lake or pond shorelines or required open space is subdivided, a conservation easement on the resource protection lands shall be conveyed to the Township of Delaware. The governing body may, upon the recommendation of the Environmental Commission, approve the placement of one or more appropriately inconspicuous signs marking the edge of the conservation easement area.
A. 
Purpose. The purpose of this section shall be the control of soil erosion and sediment damages and related environmental damage by requiring adequate provisions for surface water retention and drainage and for the protection of exposed soil surfaces in order to reduce the danger from stormwater runoff, to retard nonpoint pollution from sediment and to conserve and protect the land, water, air and other environmental resources of Delaware Township, and to promote the safety, public health, convenience and general welfare of the community.
B. 
Procedure.
(1) 
Regulations.
(a) 
No project as defined in this chapter shall be commenced until a written plan for soil erosion and sediment control relating to such project has been presented to and reviewed by the Hunterdon County Soil Conservation District and thereafter certified by the Delaware Township Planning Board.
(b) 
Approval of an application for development for any project by a municipal officer or agency shall be conditioned upon certification by the Planning Board of a plan for soil erosion and sediment control.
(2) 
Data required. The applicant shall submit a separate soil erosion and sediment control plan for each noncontiguous site. The plan shall conform to standards set forth in Standards for Erosion and Sediment Control promulgated by the New Jersey State Soil Conservation Committee. Plan preparation shall be by a professional engineer licensed in the State of New Jersey or other qualified individual. The applicant may consult with the Hunterdon County Soil Conservation District in selecting appropriate control measures. The requirements for a soil erosion and sedimentation control plan are set forth in Article XI.
A. 
Purpose. The purpose of this section shall be the control of stormwater and surface water runoff and related environmental damage by requiring adequate provisions for surface water retention and drainage. These controls are designed to conserve and protect the land, water, air and other environmental resources of Delaware Township, and to promote the safety, public health, convenience and general welfare of the community. This section shall apply to any subdivision not subject to the New Jersey Residential Site Improvement Standards.
B. 
Procedure.
(1) 
Regulations.
(a) 
No project as defined in this chapter shall be commenced until a written plan for stormwater management relating to such project has been presented to and approved by the Township Planning Board.
(b) 
Approval of an application for the development of any project by a municipal officer or agency shall be conditioned upon approval of the stormwater management plan by the Planning Board.
(2) 
Data required. The applicant shall submit a separate stormwater management plan for each noncontiguous site. The stormwater management plan shall be prepared, signed and sealed by a professional engineer licensed in the State of New Jersey. The requirements for a stormwater management plan are set forth in Article XI.
Wetlands and required wetlands transition areas shall be determined and regulated by the New Jersey Department of Environmental Protection (NJDEP).
[Amended 3-12-2007 by Ord. No. 2007-05LU]
A. 
Purpose and intent. The purpose and intent of this section is to ensure that:
(1) 
Residential developments of two or more new lots or dwelling units and all applications for nonresidential uses that will result in total groundwater withdrawals greater than 800 gallons per day and all nonexempt agricultural uses shall demonstrate that adequate water supply is available for the existing and proposed use(s) on site without adverse impacts on neighboring wells and other resources, including but not limited to wetlands and streams.
(2) 
Groundwater quality is acceptable for drinking water purposes (or other intended use in the case of a nonresidential or agricultural application).
(3) 
The impacts of the proposed withdrawal of the groundwater resource will not interfere with use of the resource by existing proximate users.
B. 
Definitions. In addition to the definitions of terms set forth in Article I, § 230-5, the following additional definitions shall apply to the enforcement and implementation of this section:
ABANDONED WELL
Any well which is not in use, has been illegally installed or improperly constructed, has been improperly maintained or is damaged, has not been maintained in a condition that ensures that the subsurface or percolation waters of the state are protected from contamination, has been replaced by another well or connection to a public supply, is contaminated, is nonproductive, or no longer serves its intended use pursuant to the State Act.
ABANDONMENT OR DECOMMISSIONING OF A WELL
The permanent closure or sealing of a well in accordance with N.J.A.C. 7:9D-3 et seq.
ACT, STATE
Refers to the Private Well Testing Act, P.L. 2001, c. 40; N.J.S.A. 58:12A-26 et seq., which applies to buyers, sellers and lessors of certain real property as follows:
(1) 
All contracts of sale for any real property in which the potable water supply is a private well located on the property, or for any other real property in which the potable water supply is a well that has less than 15 service connections or that does not regularly serve an average of at least 25 individuals daily at least 60 days out of the year, shall include a provision requiring the testing of that water supply for certain parameters as set forth in the Act.
(2) 
The lessor of any real property in which the potable water supply is a private well for which testing of the water is not required pursuant to any other state law shall test that water supply for certain parameters as set forth in the Act. Testing of the water is required at least once every five years. In addition, within 30 days after receipt of the test results, a written copy of the results must be provided to each rental unit and each new lessee.
ACUTE PARAMETER
A parameter in drinking water that has significant potential to have serious and adverse affects on human health as a result of short-term or limited exposure.
ALTER
To enlarge, deepen, replace or in any other way change any portion of an existing water supply system. The terms "alteration" and "altered" shall be construed accordingly.
APPLICANT
A developer or property owner submitting an application for development or permit to locate, construct or alter a water supply.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by this chapter for approval of a subdivision, site plan, planned development, conditional use, zoning variance, 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 NJDEP for approval to locate, construct or alter a water supply.
AQUIFER
A formation, group of formations, or part of a formation that contains sufficient saturated permeable material to yield economic quantities of water to wells and springs.
AQUIFER TEST
A three-part test conducted to obtain background, pumping, and recovery data/information from a pumping well and observation wells in order to determine aquifer hydraulic characteristics and assess potential water-level drawdown (well interference) to nearby wells.
AQUIFER TEST LOCATION
A location(s) most representative of site geologic conditions where the aquifer test shall be conducted to evaluate potential impacts to proximate users of the groundwater resource.
AQUIFER, CONFINED
An aquifer that is overlain by a confining bed (aquitard). The confining bed has a significantly lower hydraulic conductivity than the aquifer. "Artesian aquifer" is a synonym.
AQUIFER, SEMI-CONFINED
An aquifer overlain by a low-permeability layer that permits water to slowly migrate through to the aquifer. Also termed "leaky artesian" or "leaky confined aquifer."
AQUIFER, UNCONFINED
An aquifer in which there are no confining beds between the zone of saturation and the ground surface. "Water-table" aquifer is a synonym.
AQUITARD
A low-permeability unit that can store groundwater and also transmit water slowly from one aquifer to another (also see "aquifer, confined").
BOARD
The Delaware Township Planning Board or Board of Adjustment, whichever land use body has jurisdiction to hear the application for development.
CERTIFIED LABORATORY
Any laboratory, facility, consulting firm, government or private agency, business entity or other person that the NJDEP has authorized pursuant to the Regulations Governing The Certification of Laboratories and Environmental Measurements, N.J.A.C. 7:18, to perform analysis in accordance with the procedures of a given analytical method using a particular technique as set forth in a certain methods reference document, and to report the results from the analysis of environmental samples in compliance with a NJDEP regulatory program.
COMMUNITY WATER SUPPLY SYSTEM, PUBLIC
A source and distribution system for potable water subject to the requirements of N.J.S.A. 58:12A-1.1 et seq. and N.J.A.C. 7:10-1.1 et seq.
CONE OF DEPRESSION
The area around a pumping well in which the head (water level) in the aquifer has been lowered by pumping action.
CONFINING BED
A body of low hydraulic conductivity material that is stratigraphically adjacent to one or more aquifers.
CONTAMINANT
Any physical, chemical, biological, or radiological substance or matter that has an adverse affect on air, water or soil quality.
DEPARTMENT
The New Jersey Department of Environmental Protection.
DEVELOPER
As used in this section, the legal or beneficial owner or owners of a lot or of any land which is the subject of an application for a permit to locate, construct or alter a water supply or the subject of a development application regulated by this section, and shall include the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DRAWDOWN
The lowering of the water table of an unconfined aquifer or the potentiometric surface of a semi-confined or confined aquifer caused by pumping of groundwater from a well or wells. Drawdown is determined by subtracting the depth to water during pumping from the static water level determined prior to the start of pumping.
DRINKING WATER QUALITY STANDARD
A standard that applies to a constituent or contaminant that is required to be tested pursuant to the New Jersey Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq., including a maximum contaminant level, recommended limits, or in the case of lead, an action level.
EXCEEDANCE
The concentration of a constituent or contaminant that is greater than a maximum contaminant level (MCL), action level, standard or recommended upper limit for that given constituent or contaminant.
FRACTURE TRACE
The surface representation of a fracture zone as determined from an analysis of aerial photographs in stereo pair.
GROUNDWATER
Water in the ground that is in the zone of saturation from which wells, springs and stream baseflow (dry weather streamflow) are supplied.
HEAD, STATIC
The height above a standard datum of the surface of a column of water that can be supported by the static pressure at a given point. In a groundwater system, it is composed of elevation head and pressure head.
HYDRAULIC CONDUCTIVITY
The capacity of a geologic formation to transmit water. It is expressed as the volume of water at the prevailing density and viscosity that will move in unit time under a unit hydraulic gradient through a unit area measured at right angle to the direction of flow.
HYDRAULIC GRADIENT
The change in static head per unit of distance measured in a given direction.
HYDROGEOLOGY
The study of groundwater with particular emphasis given to its chemistry, mode of migration, and relation to the geologic environment.
INFILTRATION
The flow of water downward from the land surface into and through the upper soil layers.
IRRIGATION SYSTEM
Equipment including but not limited to pumps, piping, and sprinkler heads used to distribute water to grasses, landscape materials, crops, and other vegetation.
LOT or LOT IN QUESTION
For the purposes of this section, any designated parcel, tract or area of land, whether established by plat or otherwise permitted by law, to be used, developed or built upon as a unit, regardless of the nature of the use contemplated, which is the subject of an application for a permit to locate, construct or alter a water supply or the subject of an application for development that is regulated by this section.
MAXIMUM CONTAMINANT LEVEL (MCL)
The maximum permissible concentration of a constituent or contaminant in drinking water. Maximum contaminant levels shall apply to public and nonpublic water systems, in accordance with the New Jersey Safe Drinking Water Act, N.J.S.A.58:12A-1 et seq. and implementing rules at N.J.A.C. 7:10.
NJDEP
The New Jersey Department of Environmental Protection.
OBSERVATION WELL (MONITORING WELL)
A nonpumping well used to observe the elevation of the water table or the potentiometric surface. An observation well is generally constructed similar to a pumping well. Observation wells are also referred to as "monitoring wells." Observation wells are required to measure water-level drawdown during the aquifer pumping test and also for the calculation of aquifer hydraulic characteristics. The specific requirements for observation wells are provided in Appendix VI, Observation Well Requirements – Well Testing, of this chapter.[1]
PARAMETER
A general standard or scope that includes other terms such as contaminant, constituent, substance, metal, organic/inorganic chemical, and characteristics that are used to designate an analyte, group of analytes, attribute, or physical property.
POINT-OF-ENTRY TREATMENT (POET) DEVICE
A water treatment device applied to the drinking water entering a house or building for the purpose of reducing contaminants in the drinking water distributed to the entire house or building. Examples of POET include devices such as calcite filters and ion exchange (water softeners).
POROSITY
The voids or openings in rock and soil. Porosity may be expressed quantitatively as the ratio of the volume of openings in a rock or soil to the total volume of the rock or soil.
POROSITY, EFFECTIVE
The amount of interconnected pore space available for fluid transmission.
POROSITY, PRIMARY
The porosity that represents the original pore openings when a rock or sediment was formed.
POROSITY, SECONDARY
The porosity that has been caused by fractures or weathering in a rock or sediment after it has been formed.
POTABLE WATER
Any water used, or intended to be used, for drinking and/or culinary purposes which is free from impurities in amounts sufficient to cause disease or harmful physiological effects, and complies with the bacteriological and chemical quality standards of the New Jersey Safe Drinking Water Act rules at N.J.A.C. 7:10.
PRIVATE WELL
A potable water well that serves or will serve a dwelling unit or nonresidential or agricultural use and is located on the same real property as the dwelling unit or nonresidential or agricultural use.
PROPERTY OWNER NOTIFICATION, NEARBY WELLS AND SPRINGS
Appendix VII of this chapter outlines the notification requirements and procedures for owners of existing wells and springs within 500 feet of any boundary of the lot in question.[2]
PUBLIC NOTIFICATION
A general notice of private well test failures sent by the appropriate local health authority to surrounding and/or neighboring owners of real property. The notification can include recommendations to test for the parameters of concern to the owners of surrounding or neighboring properties served by wells.
PUMPING TEST
A test made by pumping a well for a period of time and observing the change in water levels (hydraulic head) in pumping and observation wells in the aquifer.
PUMPING TEST, CONSTANT RATE
A pumping test during which the discharge rate from the pumping well is maintained at a constant rate for the duration of the test.
PUMPING TEST, STEP DRAWDOWN
A pumping test that involves pumping at sequentially increasing rates for fixed time periods.
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 (including at least two accredited courses in hydrogeology) 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 eight years of professional work experience in the practice of applying geologic and hydrogeologic principals to interpretation of groundwater conditions and in the running of aquifer tests and the analysis of aquifer test data. The individual shall provide a resume or curriculum vitae to document education and experience requirements.
RECHARGE AREA
An area in which there are downward components of head (water levels) in an aquifer. Infiltration moves downward to deeper parts of an aquifer in a recharge area.
RECHARGE, AQUIFER
The volume of water that infiltrates to an aquifer, often expressed in million gallons per year per square mile or gallons per day per acre.
RECOVERY
The rate at which the water level in a well rises after the pump has been shut off. Recovery is the inverse of drawdown.
REPORTING LABORATORY
The certified laboratory responsible for reporting to the New Jersey Department of Environmental Protection a complete set of required information related to the analysis of a private well sample.
SATURATED ZONE
The zone in which the voids in the rock or soil are filled with water at a pressure greater than atmospheric. The water table is the top of the saturated zone in an unconfined aquifer.
SECONDARY PARAMETER
A drinking water parameter regulated for aesthetic purposes rather than health effects under the Safe Drinking Water Act (hereinafter "SDWA") rules at N.J.A.C. 7:10. Secondary parameters include pH, iron and manganese.
SPECIFIC CAPACITY {Q/S}
The specific capacity of a well is the rate of discharge of water from the well divided by the drawdown of water level within the well. Specific capacity will vary with the duration of pumping. Specific capacity should be described on the basis of the number of hours pumping prior to measurement of drawdown. Specific capacity will generally decrease with increased time of pumping.
STATIC WATER LEVEL
The depth from ground surface to water in a well prior to the commencement of pumping.
STORAGE COEFFICIENT (STORATIVITY)
The volume of water an aquifer releases or takes into storage per unit surface area of the aquifer per unit change in head. It equals the product of specific storage and aquifer thickness. Also known as "storativity."
TRACT
See definition of "lot or lot in question."
TRANSMISSIVITY
The rate at which water of a prevailing density and viscosity is transmitted through a unit width of an aquifer under a unit hydraulic gradient. Transmissivity equals hydraulic conductivity times aquifer thickness.
UNSATURATED ZONE
The zone between ground surface and the water table. Pore spaces in the unsaturated zone contain water at pressures less than atmospheric. Also referred to as "zone of aeration" and "vadose zone."
WATER QUALITY TEST FAILURE
An exceedance of an applicable drinking water quality standard of a required test parameter under the Private Well Testing Act.[3] This term includes all applicable maximum contaminant levels or recommended limits, or an action level for lead analysis.
WATER TABLE
The surface in an unconfined aquifer or confining bed at which the pore water pressure is atmospheric. It is defined by the levels at which water stands in wells that penetrate the water body just far enough to hold standing water.
WATER TREATMENT SYSTEM
A device applied to the drinking water at a house or building for the purpose of reducing contaminants in the drinking water distributed in the house or building. Examples: point-of-entry devices and point-of-use devices.
WELL
A hole or excavation larger than four inches in diameter or a hole or excavation deeper than 10 feet in depth that is drilled, bored, cored, driven, jetted, dug, or otherwise constructed for the purpose of removal or emplacement of, or investigation of, or exploration for, fluids, water, oil, gas, minerals, soil, or rock.
WELL INTERFERENCE
The result of two or more pumping wells, the drawdown cones of which intercept. At a given location, the total well interference is the sum of the drawdown due to each individual pumping well.
WELL PERMIT
Refers to a written approval issued by the NJDEP, pursuant to the Well Construction and Maintenance Act Regulations at N.J.A.C. 7:9D, to a licensed well driller which authorizes a licensed well driller of the proper class to construct a well or wells in accordance with the permit.
WELL RECORD
The form provided by the NJDEP that depicts the construction details of a well, which is completed by the well driller subsequent to well permit issuance and well installation.
[1]
Editor's Note: Appendix VI is included as an attachment to this chapter.
[2]
Editor's Note: Appendix VII is included as an attachment to this chapter.
[3]
Editor's Note: See N.J.S.A. 58:12A-26 et seq.
C. 
Applicability. The provisions of this section are applicable to:
(1) 
All residential developments of two or more new lots or dwelling units and all applications for nonresidential uses involving either the creation of a new water use or a total projected water use or consumption greater than 800 gallons per day.
(2) 
The provisions of this section shall not apply to any agricultural wells that do not trigger either a water allocation permit pursuant to N.J.A.C. 7:19-2.2 or a water usage certification for agriculture, aquaculture or horticulture pursuant to N.J.A.C. 7:20A-2.
(3) 
Where New Jersey Department of Environmental Protection approval is required for a water allocation permit pursuant to N.J.A.C. 7:19-2.2 or a water usage certification for agriculture, aquaculture or horticulture pursuant to N.J.A.C. 7:20A-2, the Board's approval shall be contingent upon receipt of the permit or certification, as applicable, as well as compliance with this § 230-125.
D. 
Aquifer test and hydrogeologic evaluation.
(1) 
The purpose of undertaking an aquifer test and hydrogeologic evaluation is to:
(a) 
Determine if sufficient water is available to supply a proposed residential or commercial development or expansion thereof.
(b) 
Assess the magnitude of water-level drawdown (well interference) impacts on existing and future nearby residential, institutional and commercial wells/springs.
(c) 
Predict the effect of long-term pumping on water levels in existing and future wells.
(d) 
Determine the potability of the proposed well source(s) through laboratory testing.
(2) 
Where applicable pursuant to Subsection C, the requirements for aquifer testing and hydrogeologic evaluation are as follows:
(a) 
The hydrogeologic evaluation shall include the review of available information, including but not limited to published maps and reports, stereo pairs of aerial photographs, New Jersey Geological Survey (NJGS) Reports, and other applicable documents.
(b) 
An evaluation of the bedrock structure/structural characteristics shall be conducted which shall include an evaluation of the strike and dip of the bedding planes, orientation of faults, joints and fractures, plunges, and trends of folds. Published geological literature may be used, if appropriate and sufficient. The results of this evaluation along with the locations of the proposed observation well(s) in relation to the test well(s) shall be submitted with the aquifer test plan report required below.
(c) 
In addition, the hydrogeologic evaluation shall include a report of the recommended design, execution and analysis of the aquifer test(s). The data collection shall be designed and evaluated by a qualified hydrogeologist. A geologic and hydrogeologic report containing appropriate maps, well logs, aquifer test data and observation well data shall be prepared and submitted.
(d) 
The aquifer test shall consist of at least one constant-rate 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 water-level drawdown in these wells (the cone of depression) and aquifer parameters, and predict the effect of long-term pumping on water levels in existing and future wells.
(e) 
Prior to conducting any aquifer test, a preliminary hydrogeologic evaluation and the aquifer test plan shall be submitted for review and approval by the municipality's consulting hydrogeologist.
(3) 
The procedures for aquifer testing and hydrogeologic evaluation shall be as follows:
(a) 
Submit a "Preliminary Hydrogeologic Evaluation and Aquifer Test Plan" for review and approval by the municipality's consulting hydrogeologist, with copies to the Board.
(b) 
Following the approval of the "Preliminary Hydrogeologic Evaluation and Aquifer Test Plan" by the municipality's consulting hydrogeologist, conduct notification of proximate well/spring owners and prepare selected wells/springs as observation points, as necessary. Proof of notification of proximate well/spring owners shall be provided to the municipality's consulting hydrogeologist and to the Board Secretary and Attorney.
(c) 
Perform the "Three Phases of Aquifer Test," specifically:
[1] 
Background monitoring.
[2] 
Pumping test.
[3] 
Recovery monitoring.
(d) 
Conduct water quality sampling and analysis for required parameters on representative wells.
(e) 
Prepare and submit the "Preliminary Hydrogeologic Report" for review by the municipality's consulting hydrogeologist.
(f) 
Respond to comments from reviewers, finalize report and submit "Final Hydrogeologic Report" to the municipality's consulting hydrogeologist with copies to the Board.
(4) 
The requirements for the aquifer test plan and aquifer test shall be as follows:
(a) 
Prior to conducting an aquifer test, the applicant shall submit to the municipality's consulting hydrogeologist the design of such aquifer test and the qualifications of the persons and firm who will be performing the test.
(b) 
The design of the aquifer test shall be developed based on the required hydrogeologic evaluation, using 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.
(c) 
The aquifer test shall be conducted in three phases: the background phase, the pumping phase, and the recovery phase. Appendix V, Aquifer Test Procedures,[4] of this chapter outlines the procedures for aquifer test design, data collection and reporting.
[4]
Editor's Note: Appendix V is included as an attachment to this chapter.
(d) 
If the lot in question is underlain by two or more geologic formations, then an aquifer test will be required for each portion of the lot in question underlain by each formation. The test requirements for each formation will depend on the number of lots and anticipated water usage per formation.
(e) 
The aquifer test(s) shall be required to be conducted at the location(s) most representative of site geologic conditions and also most effective for evaluating the potential impacts to proximate users of the groundwater resource. Where it is not possible to meet both objectives, then a location shall be chosen to optimize the two.
(f) 
Observation wells shall be required to measure water-level drawdown during the aquifer pumping test and also for the calculation of aquifer hydraulic characteristics. The specific requirements for observation wells are provided in Appendix VI, Observation Well Requirements — Well Testing, of this chapter.[5]
[5]
Editor's Note: Appendix VI is included as an attachment to this chapter.
(g) 
Appendix VII of this chapter outlines the notification requirements and procedures for notification of owners of existing wells and springs within 500 feet of the boundaries of the lot in question. Inadequate notification will require the aquifer test to be repeated after new notice. A form of Notice and Access Agreement are included in Appendix VIII.[6]
[6]
Editor's Note: Said appendixes are included as attachments to this chapter.
(h) 
In the event that the preliminary hydrogeologic evaluation indicates that a surface water and/or groundwater divide separates the lot in question, an aquifer test will be required for each side of the divide.
(5) 
The requirements for the submission of the hydrogeologic report and the evaluation of the results of the aquifer test shall be as follows:
(a) 
A hydrogeologic report must be submitted with each application to which this § 230-125 is applicable. This report shall document the design and implementation of the aquifer test and include the following data, information and analysis:
[1] 
An evaluation of the bedrock structure/structural characteristics, including an evaluation of the strike and dip of the bedding planes, orientation of faults, joints and fractures, plunges, and trends of folds.
[2] 
Calculations of aquifer characteristics such as transmissivity and storage coefficient, calculations of the cone of depression, potential impacts to adjacent well owners, and an evaluation of the long-term sustained yield for the wells.
[3] 
All water-level and precipitation measurements obtained during the three phases of the aquifer test in electronic format acceptable to the municipality.
[4] 
A detailed hydrogeologic description of the aquifers encountered beneath the lot in question and adjacent properties.
[5] 
A detailed evaluation of the water supply demand for an average and peak day. This demand should be supported with information on anticipated population, expected unit density, size of units, lawn and garden irrigation needs, pool filling requirements, and other anticipated water uses.
[6] 
An inventory of all wells within 1,000 feet of the lot in question appended and placed on a base map of the entire Lot. This inventory must be submitted in electronic format acceptable to the municipality.
[7] 
Figures depicting site geology, topography, surface water bodies, water-level elevations, groundwater flow, and development plans.
[8] 
All laboratory water quality sampling data tabulated and summarized. A copy of the laboratory reports shall be provided to the municipality's consulting hydrogeologist with one complete copy to the Board. The laboratory reports can be submitted to the municipality's consulting hydrogeologist electronically in PDF format.
[9] 
A detailed evaluation of potential impacts from subsurface sewage disposal systems on groundwater quality. A site plan or survey of the lot in question depicting topography, actual and planned well locations, septic leach field locations, 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 (MCLs) and will not be degraded by the septic leach field discharges.
[10] 
The hydrogeologic report shall be prepared and signed by a qualified hydrogeologist using applicable sections of GSR 29 (New Jersey Geologic Survey, Guidelines for Preparing Hydrogeologic Reports for Water Allocation Permit Applications, with an Appendix on Aquifer Test Analysis Procedures) or successor document as a guide.
[11] 
The hydrogeologic report shall include the name and license number of the well driller and pump installer. The report shall include the names of the persons and firm responsible for collecting the water-level measurements. In addition, the report shall include copies of the completed NJDEP Well Records. Appendix IX provides a checklist of all items that must be addressed in the hydrogeologic report.[7]
[7]
Editor's Note: Appendix IX is included as an attachment to this chapter.
(b) 
The evaluation of the hydrogeologic report and test results shall include consideration of the following, any or all of which will result in a requirement that the test be repeated:
[1] 
Precipitation. A test conducted during a period in which 0.5 inch or more of precipitation are recorded at or near the lot in question must be repeated or technical documentation, provided that the precipitation event had no impact on water levels 24 hours before, during, and 24 hours after the test.
[2] 
Background phase. Antecedent influences (from recent precipitation events, changes in barometric pressure, outside pumping influences, etc.) must be determined, and, if necessary, water level data from the pumping phase and recovery phase must be corrected. Insufficient data to assess these influences will require repetition of all three phases of the aquifer test.
[3] 
Pumping phase.
[a] 
If the pumping rate does not exceed the average daily demand by 120% or the peak-day demand cannot be pumped within a twenty-four-hour period, the aquifer beneath the lot in question may be deemed insufficient to meet the anticipated demands, and the applicant shall review and adjust the proposed demand and/or extent of development proposed. Some of the alternatives may include:
[i] 
Conducting two or more aquifer tests at discrete locations within the lot in question. The total volume of water pumped during the two or more aquifer tests must equal or exceed the proposed twenty-four-hour peak-day demand. This may be particularly applicable where large withdrawals are proposed in low-yielding bedrock aquifer systems. Each test must be conducted individually and at no time should two wells be pumped simultaneously.
[ii] 
Decreasing the number of proposed lots/dwelling units or amount of nonresidential development proposed or otherwise reducing the amount of groundwater to be withdrawn.
[iii] 
Rearranging the development layout to better fit the availability of groundwater resources.
[b] 
If the pumping rate varies by more than 10% of the average flow rate, the entire test shall be repeated.
[c] 
If the pump shuts down during the pumping phase, the entire test must be repeated.
[d] 
If water levels in the pumping and/or observation wells exceed the measurement capacity of the devices used for measuring changes in water levels and measurements are not recorded with other devices in accordance with the schedule listed in Appendix V,[8] the test must be repeated.
[8]
Editor's Note: Appendix V is included as an attachment to this chapter.
[e] 
If the pumping data indicate a change in aquifer transmissivity as a result of fracture dewatering, all analyses of the potential radius of influence and impacts to neighbors, streams, and wetlands must be conducted using the lower value of aquifer transmissivity. If this lower aquifer transmissivity indicates that the anticipated demand cannot be supported by the aquifer beneath the site, the applicant will need to review and adjust the proposed demand and/or extent of development as outlined in c(1) above.
[4] 
Recovery phase.
[a] 
For purposes of evaluating water-level recovery, the recovery phase duration will be equal to the pumping phase duration. For example, if the pumping phase is eight hours in duration, water levels eight hours after the pump has been turned off will be compared to the pre-pumping static water level to assess recovery magnitude and degree of recovery.
[b] 
If water-level recovery is less than 90% of full recovery at the end of a recovery phase of similar duration as the pumping phase, the applicant must show through standard/recognized aquifer test analytical methods and calculations that the well or wells are capable of full recovery. If full recovery cannot be shown or groundwater mining/dewatering has occurred, the applicant will need to review and adjust the proposed demand and/or extent of development as outlined in Subsection D(5)(b)[3][a] above.
[5] 
Neighboring wells.
[a] 
If the drawdown is measured or projected to be more than one foot at any existing adjacent property well or along a boundary of the lot in question, the applicant's hydrogeologist must evaluate long-term potential impacts to adjacent properties based on the actual operating condition of wells in that zone or along that portion of the boundary of the lot in question.
[b] 
If a drawdown of five feet or more (Note: This may be adjusted at the recommendation of the municipality's consulting hydrogeologist taking into account existing lot sizes adjacent to the lot in question and the lot sizes/extent of development/amount of demand proposed.) is noted in any existing adjacent property well, or is projected at any boundary of the lot in question, then the aquifer will be deemed to have insufficient transmissivity and capacity to support the proposed demand and/or extent of development. The applicant will be required to review and adjust the proposed demand and/or extent of development and well locations to ensure that drawdown will not exceed five feet at any boundary of the lot in question as outlined in Subsection D(5)(b)[3][a] above.
[6] 
Impacts to streams and wetlands. If drawdown is measured or projected to induce leakage from streams or wetlands such that base flow in these streams will be directly reduced or wetlands partially or entirely dewatered, then the proposed demand and/or extent of development must be reduced to prevent adverse impacts to stream flow and wetlands.
[7] 
Additional testing. Any test that must be repeated, restarted, or re-conducted at a reduced demand, must satisfy all the requirements of this chapter, including but not limited to re-notification of all property owners within 500 feet of the lot in question and resubmission of an aquifer test plan for Board approval prior to implementation of the test.
[8] 
Sealing of the observation wells. Pursuant to N.J.S.A. 58:4A, all observation wells installed as part of the aquifer testing shall be properly abandoned. A certified and licensed well driller shall abandon the wells in accordance with the requirements of N.J.A.C. 7:9D-3.1 et seq. The well abandonment forms shall be completed and submitted to the New Jersey Department of Environmental Protection, Bureau of Water Allocation (call 609-984-6831 for forms and information).
E. 
Water quality evaluation.
(1) 
The purpose of the water quality evaluation is to determine that the groundwater used to supply a proposed use or development does not contain more than the maximum contaminant levels established by the NJDEP for drinking water quality. In the event that one or more constituents do not meet the applicable MCLs, standard treatment systems need to be readily available.
(2) 
Determination of water quality shall be in accordance with the following:
(a) 
Water quality shall be determined for each pumping well and on-site observation well as part of this program. Water samples from a pumping well used for the aquifer pumping test shall be collected during the pumping phase of that test. Water samples from the on-site observation wells shall be collected either three days in advance, or three days after, the pumping test has been completed. The samples must be collected in accordance with the NJDEP Field Sampling Procedures Manual.
(b) 
At a minimum, the samples shall be analyzed by an NJDEP-certified laboratory for: hardness, gross alpha particle activity, arsenic, iron, manganese, copper, lead, nitrate, e coli bacteria, and total and fecal coliform bacteria, as well as any other element determined under the Private Well Testing Act,[9] as may be amended or expanded by the Delaware Township Board of Health or Hunterdon County Health Department. The samples shall also be analyzed for volatile organic compounds for which the USEPA or NJDEP has determined maximum contaminant levels using USEPA Method 524.2.
[9]
Editor's Note: See N.J.S.A. 58:12A-26 et seq.
(c) 
During the pumping test, field measurements of pH, conductivity/total dissolved solids and temperature shall be made with calibrated instruments.
(d) 
If conditions on the lot in question or the history of the lot in question indicate the potential historic use of materials containing heavy metals, pesticides, herbicides, or other volatile or semi-volatile organic compounds at or near the lot in question, these analyses must also be conducted.
(e) 
Based on past historical operations at the lot in question or at nearby properties, the Board, in its discretion, may require additional analyses of the groundwater to assess current and potential future impacts. The results of the water sample analyses will be used to assess background (predevelopment) water quality conditions.
(3) 
Water quality analyses shall be undertaken within 160 days of submission of an application for development or application for a permit.
F. 
Fees. The fees to the Township of Delaware Planning Board of Board of Adjustment shall be covered by the development application fees and escrow requirements set forth at Article XV. Fees to the Township of Delaware Board of Health and the Hunterdon County Health Department shall be as required by those entities.
G. 
Other requirements for major subdivisions.
(1) 
If a lot is proposed to connect with a public or community water system, the applicant shall present proof of permission to connect with that system.
(2) 
If a lot or lots will utilize individual wells, the aquifer testing and hydrogeologic analysis and water quality requirements of this § 230-125 shall be met, where applicable. Moreover, 25% of the proposed wells shall have been constructed in accordance with all requirements of the County Health Department as a condition of preliminary approval of any major subdivision and before submission of a final major subdivision application. The wells shall be constructed on every fourth lot following the grant of preliminary approval so that in the event it is found that adequate water supply cannot be provided to a particular lot, that lot may be merged at the time of final approval with an adjoining lot that already has a dependable well. The applicant shall submit a letter from the Hunterdon County Health Department stating that all constructed wells meet county standards.
[Added 10-10-2006 by Ord. No. 2006-24LU; amended 10-29-2007 by Ord. No. 2007-30LU]
A. 
Purposes. In recognition of the fact that stream corridors warrant protection from encroachments and activities that potentially degrade water quality and reduce habitat functional value, the intent of this section is to restrict and regulate encroachments into stream corridors, and to ensure that, to the extent reasonable and feasible, stream corridors remain in or are restored to a natural state, with no cutting or clearing of vegetation, including trees and brush, altering of watercourses, dumping, stockpiling, regrading or construction except as specifically permitted and authorized under this section. the specific objectives of this section are to:
(1) 
Protect the health, welfare and property of residents downstream from increased levels of flow and contamination resulting from improper land development within the stream corridors of the Township.
(2) 
Provide for environmentally sound use of land resources in Delaware Township by protecting and maintaining riparian and aquatic ecosystems in designated stream corridor areas.
(3) 
Preserve and protect vegetative buffers and steep slopes along stream corridors or restore vegetative buffers, where compromised, for their value in maintaining stream bank stability and reducing the effects of stormwater runoff and resulting erosion and sedimentation.
(4) 
Maintain the quality of surface water originating within the Township that contributes to public water supplies downstream any conserving or restoring the vegetative buffers of stream corridors that help to reduce the inflow to streams of excessive nutrients, sediment, excessive amounts of organic matter and other pollutants.
(5) 
Complement state-mandated water quality regulations.
B. 
Establishment of stream corridors. Stream corridors shall be delineated as follows:
(1) 
For Category One waterways, the stream corridor shall be measured as defined at N.J.A.C. 7:8-5.5(h).
(2) 
For all other streams, the stream corridor shall be measured from the defined edge of the top of bank of each side of an intermittent or perennial stream, or from the stream center line if a bank is not defined, and shall extend 50 feet horizontally outward perpendicular from said points of beginning on both sides of the stream.
(3) 
If any portion of a steep slope (slopes in excess of 15%) is located within a stream corridor, the entire portion of the steep slope ascending from the stream within the first 300 feet of the point of measurement shall be included in the stream corridor.
(4) 
Where a floodway has been delineated by the NJDEP, the entire floodway shall be encompassed within the stream corridor. Where the floodway has not been delineated by the NJDEP, the portion of the one-hundred-year floodplain determined by the municipal engineer to constitute the floodway as defined in this chapter shall be encompassed within the stream corridor.
C. 
Applicability of stream corridor regulations.
(1) 
The provisions of Subsection B are applicable to all development as defined at N.J.S.A. 40:55D-4 ["Development" means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or structure, or land or extension of use of land for which permission may be required pursuant to this act (Municipal Land Use Law, Chapter 291, Laws of 1975, as amended).[1]] affecting the stream corridors of non-Category One waterways except for the following exemptions:
(a) 
Changes of use of existing buildings involving no alteration of the land.
(b) 
Except where a Category One waterway is affected, development or disturbance undertaken pursuant to an approved operations/reclamation plan in effect for an existing quarry or mining operation.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2) 
All development applications shall include maps identifying any and all streams and adjacent floodplains, wetlands and steep slopes within 300 feet of the proposed disturbance associated with the development approval sought.
(3) 
The applicant shall make the initial determination of the presence of stream corridor(s) on the site of the proposed development, and shall delineate the corridor(s) on the maps submitted in conjunction with the development application. The Board having jurisdiction over the development application shall confirm the delineation submitted by the applicant based upon the advice of the municipal engineer and/or the municipal environmental consultant, as directed by the Board, except where the delineation is subject to the jurisdiction of the NJDEP, in which case, the Board shall condition its approval on the NJDEP's confirmation of the stream corridor as delineated by the applicant.
(4) 
Approval by the municipality of a development application shall neither be deemed a grant nor a waiver of the permits or approvals required by any other governmental or public agency, pursuant to ordinance, statute or regulation. The applicant shall be responsible for obtaining all permits or approvals that are or may be required by such agencies and shall not proceed with any land disturbance approved by the municipality until such other agency approvals or permits as may be required are obtained.
(5) 
Wherever a state, federal, county or regional agency or authority with jurisdiction over a stream requires a wider stream corridor than required herein, the wider stream corridor requirement shall apply, and wherever a state, federal, county or regional agency or authority with jurisdiction over a stream requires more stringent regulation of a stream corridor than required herein, the regulations of such other agency or authority shall apply.
D. 
Permitted uses and activities in designated stream corridors. For Category One waterways, permitted uses within a stream corridor shall be governed by N.J.A.C. 7:8-5.5(h) unless otherwise exempt. Unless otherwise provided in this chapter, all other designated stream corridors shall remain in their natural, indigenous state, with no clearing or cutting of vegetation including trees and brush, altering of watercourses, regrading or construction, except for activities including but not limited to:
(1) 
Woodland preserves and arboretums for local, native species only, with non-enclosed structures.
(2) 
Public parks for passive recreation.
(3) 
Unpaved, completely pervious hiking trails and bridle paths.
(4) 
Fishing areas and game farms, fish hatcheries and fishing reserves operated for the protection and propagation of wildlife, with no enclosed structures.
(5) 
Reconstruction of a structure that predates the adoption of this chapter in the event of damage or destruction by fire, or natural hazards, provided the reconstruction does not have a greater footprint or total area than that of the damaged structure. Any such reconstruction shall be performed in accordance with current state and federal regulations governing construction within floodplains.
(6) 
Preexisting agricultural production activities consistent with the Delaware Township Right-to-Farm Ordinance,[2] provided that no impervious surfaces shall be created or added to a designated stream corridor in connection with said agricultural use or production and no additional structures, clearing, dumping or stockpiling of any material, whether organic or not, shall be permitted within a designated stream corridor.
[2]
Editor's Note: See § 230-15.
(7) 
New agricultural production activities within a designated stream corridor consistent with the agricultural management practices for agricultural uses in riparian corridors developed by the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS), as contained in the NRCS Field Office Technical Guide.
(8) 
Public access for swimming, fishing, boating and hunting.
(9) 
Maintenance of existing landscaping in place as of the adoption of this chapter.
(10) 
Removal of invasive species (i.e., species identified as such under the NJ List column of the Plant Stewardship Index database available at www.bhwp.org and maintained on file in the office of the Delaware Township Clerk).
(11) 
Pruning of live trees and removal of dead tree limbs and downed trees for reasons of imminent safety, which may include restoring unimpeded stream flow.
(12) 
Projects that promote the preservation of plant and animal habitats, subject to approval by the applicable Board.
E. 
Locations of activities on tracts partially within stream corridors. All new lots in subdivisions and all site plans shall be designed to provide sufficient areas outside of the stream corridor(s) to accommodate primary structures as well as any typical accessory uses appurtenant thereto. Land dedicated to or remaining in agricultural production after the creation of lots in a subdivision shall be exempt from the provisions of this section, provided that any portion of said agricultural lands lying within a designated stream corridor are managed in accordance with Subsection D(6) or (7) herein.
F. 
Activities permitted in stream corridors where there is no reasonable or prudent alternative.
(1) 
For Category One waterways, requests for exemptions or modifications shall be subject to the authority of the New Jersey Department of Environmental Protection and not the Township of Delaware.
(2) 
For non-Category One waterways, the following activities are permitted in a stream corridor where a subdivision or site plan cannot be designed in the manner set forth in Subsection E above, or where the use of the stream corridor is the only reasonable and appropriate means of achieving access to a developable portion of a tract, or, in the case of a preexisting lot, where there is insufficient room on the lot outside the stream corridor for permitted principal and/or accessory uses. In any of these cases, there must be no other reasonable or prudent alternative to placement of a structure or improvement within the stream corridor and the approval of the activity shall be subject to the issuance of any and all applicable permits from the NJDEP and the approvals of any and all other agencies and authorities having jurisdiction.
(a) 
Improvements, not including fully enclosed structures, but including piers, docks, footbridges, floats or roofed but unwalled shelters customarily associated with an outdoor recreational use otherwise permitted on the property, such as parks; camps; picnic areas; and sports or boating clubs, regardless of whether such use is open to the public or restricted to private membership. Approval of any such improvement shall require the submission to and approval by the applicable Board of a Stream Corridor Management Plan prepared pursuant to Subsection H.
(b) 
Repair of a septic system existing prior to the adoption of this chapter, in accordance with N.J.A.C. 7:9A and subject to approval by the Township Board of Health.
(c) 
Replacement or alteration of a septic system existing prior to the adoption of this chapter, in accordance with N.J.A.C. 7:9A and subject to approval by the Township Board of Health, and provided there is no alternative location for same outside of the stream corridor.
(d) 
New utility structures and lines, new dams, new culverts, new bridges, new footbridges, new crossings for farm vehicles, and livestock, new recreational trails, new roads and new railroads, provided that the proposed crossing and concomitant disturbance is the minimum necessary to accomplish the objective; that any necessary stream crossing is stabilized against erosion due to its proposed use; and that a Stream Corridor Management Plan prepared pursuant to Subsection H is submitted to and approved by the applicable Board.
(e) 
Dredging or grading undertaken by or authorized by a public entity with jurisdiction over the stream, including stream clearing and stream rehabilitation work undertaken to improve hydraulics or to protect public health and safety.
(f) 
Structures comprising part of a regional flood detention project.
(g) 
Disturbance associated with the implementation of an approved stormwater management plan.
G. 
Activities proposed within stream corridors that require variance relief.
(1) 
For Category One waterways, requests for exemptions or modifications shall be subject to the authority of the New Jersey Department of Environmental Protection and not the Township of Delaware.
(2) 
For all non-Category One streams, a variance pursuant to N.J.S.A. 40:55D-70c may be sought from whichever Board otherwise has jurisdiction over the application.
(3) 
Any relief granted shall be the minimum necessary to overcome the effects of the stream corridor regulations on the lot or project and shall only be granted if there is no reasonable or prudent alternative to granting the relief requested. The applicant, in presenting the request for relief, shall include an evaluation of possible alternatives to placement of the proposed structure or improvement within the stream corridor, including the alternative of seeking a variance or variances from setback or other requirements that would allow conformance with the stream corridor requirements of this section.
(4) 
As a condition of granting the requested relief, the Board shall require that the applicant mitigate the intrusion into the stream corridor to the maximum extent practicable by rehabilitating the remaining stream corridor on the property. Rehabilitation shall include revegetation/reforestation/afforestation, stream bank stabilization and removal of debris in accordance with a Stream Corridor Management Plan prepared pursuant to Subsection H and approved by the Board.
H. 
Requirements for a stream corridor management plan (SCMP). The purpose of the SCMP is to describe the existing condition of the stream corridor and all proposed management and rehabilitation techniques, including maintenance of existing vegetation, rehabilitation including reforestation/revegetation, stream bank stabilization, removal of debris and any other measures necessary to offset the encroachment into, disturbance of or reduction in the width of the stream corridor or to otherwise improve the effectiveness and functional value of the remaining stream corridor. Where a SCMP is proposed or required, the following shall apply:
(1) 
The SCMP shall be prepared by an environmental professional, professional engineer or other qualified professional.
(2) 
The SCMP shall identify existing conditions, including:
(a) 
Existing vegetation, with the plant species list recorded in the Plant Stewardship Index web page maintained by Bowman's Hill Wildflower Preserve, http://www.bhwp.org/;
(b) 
Field-delineated streams;
(c) 
Field-delineated wetlands;
(d) 
The floodplain as defined in this chapter;
(e) 
NJDEP-delineated flood hazard areas, including the floodway and flood fringe;
(f) 
Soil classifications as found on the USDA Hunterdon County Soil Survey;
(g) 
State of New Jersey aerial photography of the site (most recent available);
(h) 
Existing subdrainage areas of the site with HUC-14 (Hydrologic Unit Code) designations; and
(i) 
Slopes in each subdrainage area segmented into sections of slopes that are above 15% but less that 20%; above 20% but less than 25%; and greater than 25%.
(3) 
The SCMP shall include improvement and management provisions in narrative and/or graphic form specifying:
(a) 
The manner in which the stream corridor is proposed to be rehabilitated or improved, including stabilization of stream banks, removal of debris and revegetation/reforestation/afforestation.
(b) 
The proposed ownership of the stream corridor and by whom it will be managed and maintained.
(c) 
The conservation and/or land management techniques and maintenance practices that will be used to conserve and protect the stream corridor, as applicable.
(d) 
The professional and personnel resources that are expected to be necessary, in order to rehabilitate or improve, manage and maintain the stream corridor.
(e) 
Any revegetation/reforestation/afforestation plan, if applicable, shall follow the guidelines of the Natural Resources Conservation Service for the design of riparian buffers. Vegetation selected shall be native and appropriate to the soil, slope and moisture conditions of the site. Where there is a question as to species suitability, the Board may request an additional advisory review by a qualified expert from the Hunterdon County Soil Conservation District or Natural Resources Conservation Service. As conditions of a revegetation/reforestation/afforestation plan, the Board may require the applicant to install and maintain for a period of five years suitable deer fencing bordering the stream corridor to allow new vegetation to become established and/or to undertake and maintain for a period of five years an invasive species eradication program within the area covered by the SCMP.
(4) 
All permits and approvals from other agencies and authorities necessary to implement the SCMP shall be identified and shall be obtained as a condition of approval of the development application approved by the Township.
(5) 
An SCMP shall be approved, disapproved or conditionally approved by the Board based upon the review and written recommendations of the Township's Environmental Commission, the Municipal Engineer and the municipal environmental consultant and the resolution of the Board shall contain findings based upon said reviews.
I. 
Prohibited uses and activities in stream corridors established pursuant to development approvals. In order to preserve plant and animal habitats located within the stream corridor, and to maintain the natural ability of the stream corridor to protect water quality from degradation due to erosion and excess runoff, only the activities or disturbances specifically authorized as part of the approval of a development application shall be permitted to occur within the delineated stream corridor, and all other activities or disturbances shall be prohibited, including the following:
(1) 
No trees or shrubs, living or dead, shall be removed or destroyed on lands in a stream corridor except as authorized as part of the approval of the development application or as part of an approved forest management plan, provided that pruning of live trees for reasons of imminent safety and clearing of downed trees and invasive species shall be permitted.
(2) 
No structures of any description shall be erected and no change in the surface of the land shall occur except as specifically authorized pursuant to this section.
(3) 
No dumping or stockpiling of manure, leaves or organic or inorganic debris of any kind and no fill or excavation of any kind shall be permitted.
(4) 
No recreational or vocational activity that generates noise, dust, emissions or vibrations that may be potentially deleterious to wildlife habitats, water quality, or stream bank stability shall be permitted, except as specifically authorized pursuant to this section.
J. 
Conservation easements, staking of stream corridors, boundary interpretations and enforcement.
(1) 
In order to ensure continued protection of stream corridors, all subdivisions or site plans approved from the effective date hereof (excluding boundary line adjustments where no new lots are created; agricultural divisions of land; and, for any lot so preserved, minor subdivisions that result in the preservation of open space or that allow for the preservation of farmland through the State's Farmland Preservation Program) shall provide for the permanent restriction of designated stream corridor areas by a recorded conservation easement running to Delaware Township. The conservation easement shall encompass the entire designated stream corridor or, where the stream corridor is approved for disturbance, the entire undisturbed portion of the designated stream corridor plus the entire mitigation area established to offset the disturbance. Creation of a conservation easement shall not confer rights of public access within the easement area. Conservation easements shall: be perpetual; run to the Township of Delaware; be recorded by deed and plat filed with the County Recording Office; recite all prohibited uses and all conditions of approval within the designated stream corridor; specifically permit entry with prior notice onto the property by the municipality or its authorized agent(s) for purposes of accessing the stream corridor to inspect and monitor compliance with the terms of the conservation easement and this section.
[Amended 4-27-2009 by Ord. No. 2009-07LU]
(2) 
Designated stream corridor boundaries shall be staked in the field prior to the start of any construction activity and shall be protected by snow fencing or other barriers during construction.
(3) 
Where there appears to be a conflict between the mapped boundaries of a designated stream corridor and actual field conditions, the municipal engineer shall determine the exact location(s) of the designated stream corridor. The Zoning Board of Adjustment shall hear and decide any appeal from the determination of the municipal engineer pursuant to N.J.S.A. 40:55D-70a.
(4) 
The provisions of this section shall be enforceable as provided at Article XVI, § 230-150.