[Added 5-7-12 by Ord. No. 2012-10]
A. 
Title. The following shall be known as the Wellhead Protection Overlay District Ordinance.
B. 
Findings. The following findings establish the basis for this ordinance.
(1) 
Protection of water resources is an objective of the New Jersey Development and Redevelopment.
(2) 
Protection of water resource use is an objective of the New Jersey Source Water Assessment Plan, developed pursuant to the Federal Safe Drinking Water act.
(3) 
The source of all drinking water in Barnegat Township is groundwater.
(4) 
Groundwater is vulnerable to contamination from the use and handling of certain hazardous and/or regulated substances on land, and once contaminated, groundwater in general, is difficult and expensive to clean. If groundwater becomes very contaminated, it may be necessary to locate alternate sources of drinking water.
(5) 
In the interest of safeguarding the drinking water sources within Barnegat Township, it is prudent to prevent contamination of the groundwater by regulating or prohibiting the use and handling of certain hazardous and/or regulated substances within the Wellhead Protection Overlay District (WPOD).
(6) 
This ordinance is prepared in accordance with the Initial Plan Endorsement received from the New Jersey State Planning Commission on December 7, 2011.
(7) 
This ordinance is consistent with the 2011 Barnegat Township Master Plan.
C. 
Purpose. The purpose and intent of the Wellhead Protection Overlay District is to protect the water supplies of Barnegat Township from contamination and to encourage coordinated protection efforts of neighboring municipalities by regulating the storage, handling, use and/or production of hazardous or regulated substances within Wellhead Protection Areas of existing and proposed municipal community wells.
D. 
Definitions. As used in this Article, the following terms shall have the meanings indicated:
APPROVING AUTHORITY
The Barnegat Township Planning Board or Zoning Board.
HAZARDOUS SUBSTANCES
Any gaseous, liquid or solid materials or substances designated as hazardous by the U.S. Environmental Protection Agency and/or the New Jersey Department of Environmental Protection, including all elements, compounds and petroleum products as set forth within N.J.S.A. 58:10-23b, as amended, shall be considered hazardous substances for the purpose of this ordinance. Sewage and sewage sludge shall be considered hazardous substances for the purposes of this Article.
HAZARDOUS WASTE
Any solid waste that is defined or identified as a hazardous waste pursuant to the Solid Waste Management Act, N.J.S.A. 13-1E et seq., N.J.A.C. 7:26-8 or 40 CFR Part 261, but specifically excluding petroleum products.
REGULATED SUBSTANCES
Any substance regulated under Federal, State, or County environmental pollution control, hazardous substance or drinking water laws or regulations. For the purpose of this ordinance, regulated substances shall be considered as those deleterious substances, contaminants and pollutants that cause significant harm to human health and the environment or resulting in the degradation of the ambient groundwater quality, and shall include those specific substances, chemicals or compounds listed in the following State and Federal regulations:
40 CFR Subchapter J, Part 302 — Designation, Reportable Quantities and Notification
40 CFR Subchapter J, Part 372 — Toxic Chemical Release Reporting; Community Right-To-Know
40 CFR Subchapter D, Part 117.3 — Determination of Reportable Quantities for Hazardous Substances
40 CFR Subchapter D, Part 129 - Toxic Pollutant Effluent Standards
49 CFR, Part 172.101 — Hazardous Materials Communications Requirements and Emergency Response Information Requirements
40 CFR, Part 355 Appendix A — Emergency Planning and Notification, List of Extremely Hazardous Substances and Their Threshold Planning Quantities FAC Rule 5E-2 Pesticides
Additionally, regulated substances and regulated activities shall include those, which are directly specified or exhibit the characteristics specified in the following:
40 CFR, Subchapter D, Part 121 — National Pollution Discharge Elimination System
40 CFR, Subchapter I, Part 261 — Identification and Listing of Hazardous Waste
TIER 1
The area, described in plan view around a well, from which groundwater is reasonably likely to flow to the well within two (2) years. It extends from the well to the boundary established to represent the two-year time of travel.
TIER 2
The area, described in plan view around a well, from which groundwater is reasonably likely to flow to the well within five (5) years. It extends from the perimeter of Tier 1 to the boundary representing the five-year time of travel.
TIER 3
The area, described in plan view around a well, from which groundwater is reasonably likely to flow to the well within twelve (12) years. It extends from the perimeter of Tier 2 to the outer boundary representing the twelve-year time of travel.
WELLHEAD PROTECTION AREA
The area within the corporate boundaries of the Township of Barnegat and described in the area around the well, from which groundwater is reasonably likely to flow and through which groundwater pollution, if it were to occur, is reasonably likely to pose a significant threat to the water quality of the well. The Wellhead Protection Areas consist of three (3) tiers, corresponding to areas, on average, from which groundwater flows to a well in two (2) years (Tier 1), five (5) years (Tier 2), and twelve (12) years (Tier 3). These areas are delineated by the New Jersey Geological Survey, New Jersey Department of Environmental Protection.
A. 
The WPOD is compromised of the delineated Wellhead Protection Areas shown on the map entitled "Wellhead Protection Areas Map" which may be found on file in the Township offices and any Wellhead Protection Areas subsequently established by the State of New Jersey that are not yet depicted on the Map.
B. 
This Article applies to all land use activities that handle, store, use or produce hazardous or regulated substances located or proposed within Wellhead Protection Areas.
C. 
It shall be the responsibility of any persons owning real property and/or owning or operating a business within the Township of Barnegat to make a determination of the applicability of the Wellhead Protection Area Delineation as it pertains to the property and/or business under their ownership or operation, and any failure to do so shall not excuse any violations of this Article.
D. 
When the boundaries of any tier within the Wellhead Protection Area Delineation divides any property, respective portion(s) of the property shall be considered to lie within the corresponding Tier or Tiers defined in the Wellhead Protection Area Delineation.
The permitted uses within the Wellhead Protection Overlay District (WPOD) shall be those of the underlying zoning district, except as otherwise regulated by this chapter.
A. 
As of the date of adoption of this ordinance (adopted May 7, 2012), all land use activities within the WOPD shall be considered regulated land uses if hazardous substances or regulated substances as defined in section 55-368 are used, handled or stored in conjunction with the business operation, even if they are permitted uses in the underlying zoning district.
The hazardous substances and regulated substances as defined in Section 55-368 represent the state of present knowledge. As other polluting materials are discovered, it is the intention of this ordinance to add them to the list of prohibited hazardous and regulated substances and to regulate the properties within which they are present in accordance with the requirements of this ordinance. No regulated use shall be permitted in the WPOD without first complying with Section 55-372 of this chapter.
A. 
Applications. Applications for the approval of any new, altered, or expanded regulated use in accordance with this chapter shall be made to the Planning or Zoning Board in keeping with their current operating procedures.
B. 
Standards for Consideration.
(1) 
The applicant must demonstrate to the approving authority (Board) that the use will not, during or after construction, cause degradation of the groundwater quality upon or beneath the property in question, or upon or beneath adjacent properties, with respect to any regulated substance.
(2) 
Satisfactory evidence must be provided to the approving authority (Board) that the proposed regulated use is in compliance with Federal, State and County laws and regulations applicable to such regulated use and the owner or operator has received all necessary approvals of Federal, State and County government approving authorities.
C. 
Content of Application. A detailed description of each of the activities to be conducted upon the property in question which constitutes a regulated use, including a listing of all regulated substances which are to be stored, handled, used or produced in connection with each regulated use being proposed, altered or expanded.
D. 
Referrals. All applications for regulated use approval in the WPOD shall be referred immediately to the Barnegat Township Environmental Commission (BTEC) and the Barnegat Water and Sewer Utility (BWSU) for their respective review and comment. Failure of the BTEC or the BWSU to provide a written recommendation within forty-five (45) days, provided the BTEC and BWSU received a copy of the application at least ten (10) days in advance of a regularly scheduled meeting, shall be deemed a recommendation by the body for approval. In the event that the BTEC or BWSU recommends denial of the application or requests additional information with respect to the application, they shall specify in writing the reason(s) for their actions. The approving authority (Board) shall review and consider the recommendations of the BTEC and BWSU, and those recommendations shall be made part of the official public record of the approving authority (Board). A negative recommendation by the BWSU shall be construed as an adverse impact to the public community water supply and may be grounds for denial.
E. 
Decisions. The approving authority (Board) shall consider the facts of the application, the recommendations of the BTEC and BWSU, and the proceedings of the public hearing, and shall issue a decision of approval or denial. The Planning or Zoning Board decision may include any or all of the following conditions:
(1) 
The installation of adequate containment facilities and systems so as to prevent groundwater contamination by regulated substances;
(2) 
The preparation, filing and periodic revision of any emergency plan addressing measures to control, collect and remediate any potential contamination of groundwater, including emergency contacts and identification of potential contaminants;
(3) 
Regular inspection and/or monitoring of the regulated use, including a written report of findings to the Water/ Sewer Engineer and Water/Sewer Utility Manager, which shall be the responsibility of the applicant. The frequency of the inspection and/or monitoring will be decided by the approving authority (Board considering the recommendations of the utility manager).
A. 
Uses of land in existence on the date of adoption of this ordinance (May 7, 2012) that utilize hazardous or regulated substances shall be deemed existing regulated uses of land under this ordinance. Such existing regulated use may be continued by the present or subsequent owners so long as:
(1) 
Such use is and remains otherwise lawful in compliance with Federal, State and County environmental, pollution control, hazardous substance and drinking water laws and regulations.
(2) 
Such regulated use does not, after the date of the adoption of this ordinance, pose a direct or indirect threat of pollution to the public water supply; and
(3) 
The record owner of the lot or tract of land on which such regulated use is located shall maintain copies of the following and shall upon request by designated official of the Township provide copies to said official via submission to the Municipal Clerk within twenty-four (24) hours:
(a) 
Copies of all Federal, State and County operational approvals, certificates, permits and applications, on-going environmental reports and monitoring results, relating to environmental, pollution control, hazardous substance and drinking water laws and regulations pertaining to such a lot, as and when to be submitted by Federal, State and County authorities;
(b) 
Copies of any and all notices, reports and documents which the owner files or must file with Federal, State and County government in the event of any release of or contamination by regulated substance in association with any such lot; and
(c) 
Copies of all notices, orders, rulings, decisions, recommendations, enforcement actions, and similar documentation so as and when received by or on behalf of the owner or operator of any such lot, from any Federal, State and County government authorities in connection with the enforcement of environmental, pollution control, hazardous substance and drinking water laws and regulations.
B. 
A regulated use, either existing or previously approved by the Planning or Zoning Board, shall be deemed to be a new or materially altered, changed or expanded use if:
(1) 
The hazardous or regulated substance(s) were not previously present and conducted upon the lot or tract of land in question.
(2) 
The production, quantity and/or storage capacity of the hazardous and regulated substances are increased without the approval of the Planning or Zoning Board.
C. 
Existing Residential Uses. Existing residential uses or properties within the WPOD that are served by oil tanks or have been served by oil tanks and there is no record of their removal in the Tax Assessor or Construction Office records, are existing and regulated uses as defined in this chapter.
Limited exclusions from the provisions of the regulated, application procedures and requirements and existing regulated uses may be authorized for:
A. 
Nonroutine Maintenance or Repair of Property or Equipment. The use and storage, handling, and/or production of regulated substances under the exclusion shall be limited to:
(1) 
The aggregate of the regulated substances in use, storage, handling, and/or production may not exceed fifty (50) gallons or four hundred (400) pounds at any time.
(2) 
The total use, storage, handling and/or production of regulated substances may not exceed one hundred (100) gallons or eight hundred (800) pounds in any twelve-month period.
B. 
Medical and Research Laboratory Uses. Excluded regulated substances shall be stored, handled, or used in containers not to exceed five (5) gallons or forty (40) pounds of each substance and the aggregate inventory or regulated substances shall not exceed two hundred fifty (250) gallons or two thousand (2,000) pounds.
C. 
Cleaning Agents. Excluded regulated substances that are cleaning agents shall be packaged for personal or household use or be present in the same form and concentration as a product packaged for use by the general public. The aggregate inventory of such cleaning agents shall not exceed one hundred (100) gallons or eight hundred (800) pounds at any time. In no case shall regulated substances claimed under this exclusion include hydrocarbon or halogenated hydrocarbon solvents.
D. 
Construction Materials. Regulated substances associated with construction for which a permit has been issued, paving or the pouring of concrete shall be excluded from regulation while present on the construction site provided such regulated substances do not pose a real or present danger of contaminating surface or groundwater.
E. 
Retail Sales. Establishments that store and handle hazardous or regulated substances for resale in their original unopened containers.
F. 
Residential Activities. The use, storage and handling of hazardous, or regulated substances that are packaged, distributed or stored in quantities generally associated with residential use.
A. 
Gasoline, automobile or motorized vehicle service stations, repair garages and shops.
B. 
Automobile or motorized vehicle body shops.
C. 
Heavy manufacturing uses.
D. 
Land application or wastewater and sludge.
E. 
New and used automobile and motor vehicle sales and service.
F. 
Quarries and mining operations.
G. 
Underground petroleum or chemical storage.
H. 
Storage of any hazardous or regulated material.
I. 
Collection and transfer facilities or parking or storage of vehicles used for hazardous materials, solid wastes that contain hazardous materials or radioactive materials.
J. 
Contractor's storage yards.
K. 
Dry cleaners.
L. 
Outdoor road salt stockpiles.
M. 
Subsurface sewage disposal systems.
All other uses are regulated uses in accordance with Section 55-371 of this chapter or exempt uses in accordance with Section 55-375 of this chapter.
In addition to the consideration of the use requirements and/or restrictions described above, the Planning Board may require the applicant to submit additional information related to the groundwater quality and protection as part of the site plan development and submitted for the parcel, for example, the nature of regulated materials to be used, expectations for storage of construction materials/debris; hydro-geologic information, stormwater management, etc.
Applications may include deviations from the provisions of this chapter or for uses that are listed as prohibited. In any such deviation application, the applicant must demonstrate why the requested relief should be granted and that the deviation will not cause an adverse impact on the surrounding neighborhood, and will not unduly affect the health, safety and welfare of the people of Barnegat Township.