No person, firm, municipality or corporation, whether private, public or quasi-public, or other governmental agency or instrumentality thereof shall deposit, dump, store, treat or allow to accumulate or provide storage or treatment facilities for human excrement, decomposable animal or vegetable matter, domestic, factory, workshop, mill or slaughterhouse refuse, sink, laundry, milk, creamery or cheese house waste or any other garbage, refuse, waste or polluting matter, domestic or commercial, above or adjacent to any aquifer, well, spring, stream, hole or other body of water which is used or may be used for domestic purposes, all hereafter called "aquifer," in such manner as to cause or threaten injury to any of the inhabitants of the Township, either in health, comfort or property or to cause or threaten degradation of water quality resulting in damage to the aquatic community or wildlife in and adjacent to the affected body of water.
[Derived from Ch. 20, Art. II, Div. 3, of the 1971 Code]
Any person as defined in § 360-16 intending to conduct or engage in any of the activities regulated in this section shall first make application to the Planning Board and shall have the burden of proof by clear and convincing evidence that such proposed activity would, if undertaken, not cause or threaten injury to any of the inhabitants of the Township either in health, comfort or property or cause or threaten degradation of water quality.
Regardless of whether a proposed activity as provided in § 360-16 otherwise requires a building permit or may be otherwise subject thereto, all applicants proposing to conduct or engage in any such activities shall first comply with all of the requirements of section 5.100 of Appendix A to this Code.
A.
In reviewing a site plan required by § 360-18, the Planning Board shall consider its conformity to the master plan and other applicable Codes and ordinances of the Township and shall, at the applicant's expense, conduct its own independent environment impact study in accordance with the prevailing accepted technological criteria and standards for such studies in such manner as to insure protection of the public health.
B.
In addition to impact on underground and surface water quality and environmental consequences thereof, the impact on drainage shall also be considered to ensure against flooding and, in particular, possible flooding by polluted waters. Other conservation features, including aesthetics, landscaping and impact on surrounding development as well as on the entire Township shall be part of the Planning Board review, as well as traffic flow and circulation.
C.
In its review, the Planning Board shall also secure written recommendations from such independent environmental experts as it deems necessary, the Township Division of Health, the Township Traffic Safety Advisory Committee, Shade Tree Advisory Committee, Recreation Advisory Committee, Environmental Resources Committee or any other local, County, State or Federal Agency which may have an interest in the particular development for which site plan approval is being sought, which recommendations shall be received by the Planning Board within 90 days after the request therefor.
D.
The written recommendations of the Planning Board regarding the site plan shall be forwarded to the Township Council, with copies to the Township Division of Health and, where otherwise applicable, the Construction Official and the applicant, not more than 60 days from the time the environmental impact study and other Board and expert recommendations referred to above are submitted for Planning Board review, unless extended by mutual agreement between the Planning Board and the applicant. If the Planning Board takes no action within 60 days, the site plan shall be deemed to have been recommended to the Township Council as submitted.
E.
The Planning Board may recommend reasonable conditions to become binding on the applicant upon approval of any such site plan by the Township Council.
F.
Final approval or disapproval shall be by the Township Council within 60 days after receipt of the Planning Board's recommendations and any comments thereon by the Division of Health. If the Township Council takes no action within such sixty-day period, unless extended by mutual agreement between the Township Council and the applicant, the Planning Board's recommendations shall be deemed approved in full. Any amendment to the recommendations of the Planning Board shall be by a 2/3 affirmative vote of all members of the Township Council which may, if deemed necessary, retain additional independent environmental experts.
A.
The site plan as finally approved shall be binding upon the applicant. Any change from the approved plan shall require resubmission and reapproval as if it were an initial application under this section. The site plan shall remain effective for a period of two years from the date of approval.
B.
In the event a particular facility is to be constructed in stages, a site plan for each particular stage shall be required.
Neither the Health Officer nor the Construction Official shall issue any applicable health or Construction Permit under this section until final approval by the Township Council or until 60 days or agreed upon extension thereof have elapsed without action by the Township Council.
Site plans shall also be submitted by the applicant to the County Planning Board for review, comment and approval when affecting an existing or proposed County road or drainage facility. Whenever such plan shall be submitted to the County Planning Board, the Township Planning Board shall take no action until 30 days have elapsed from the date of such submission to the County Planning Board.
Applications for site plan review shall be accompanied by an initial fee equal to that required for a Construction Permit, which shall be paid with the filing of such application; except, that in no event shall such initial fee exceed a maximum as established in Chapter 156. The Township Manager shall thereafter maintain an accurate record of all costs and disbursements paid or incurred by the Township in processing and reviewing such application, including, but not limited to, administrative overhead related thereto and shall certify the total of such costs to such applicant which costs shall then become due and payable to the extent of any excess over the initial fee previously paid, up to the maximum provided for in this section, payable prior to the issuance of a construction permit.
The Planning Board may recommend that improvements and landscaping be secured by a performance guarantee in the same manner prescribed for such improvements in Land Development Appendix.
This article shall not in any event be construed so as to conflict with any provision of the Solid Waste Management Act (1970), N.J.S.A. 13:1E-1 et seq., or any other statute applicable to the subject matter herein regulated, which shall govern in the event of any conflict or inconsistency with the subject matter of any provision of this section, but shall be construed to give plenary supplementary and coordinate effect to the paramount municipal public health interest in protection of local water resources from pollution set forth in N.J.S.A. 26:3-31, Subdivisions (a), (f) and (h) and N.J.S.A. 26:3B-1 et seq.[1], the Township Council having succeeded to all legislative powers of its former Board of Health.
[1]
Editor's Note: N.J.S.A. 26:3B-1 and 26:3B-4 were repealed by L.1977, c. 224, § 14, eff. Sept. 17, 1977; N.J.S.A. 26:3B-13 to 26:3B-15 were repealed by L.1953, c. 26, §§ 32 to 34, eff. March 19, 1953.
This article shall be prospective in operation and shall not apply to the Ewing-Lawrence Sewerage Authority, a public body corporate and politic created and operating heretofore under the "Sewerage Authorities Law."