[Ord. #BH 95-39]
a. 
The purpose of this chapter is to protect the health, safety and general welfare of the current and future residents of the township who live within Ground Water Impact Areas. A Ground Water Impact Area is recognized as a specific geographical area wherein the potable water supply provided from a cluster of individual private wells has become contaminated to such an extent that the water obtained from these wells is deemed nonpotable by the Board of Health.
b. 
It is also the purpose of this chapter to prevent the use of well water within Ground Water Impact Areas for any purpose when public water is available by requiring mandatory disconnection from and permanent sealing of wells.
[Ord. #BH 95-39]
This chapter is adopted pursuant to the powers granted by N.J.S. 26:3-31(a), said powers being exercised due to serious threat to the health, safety and welfare of the residents of the Ground Water Impact Areas.
[Ord. #BH 95-39; Ord. #BH-2011-061]
Ground Water Impact Areas shall be designated in numerical sequence, starting with 1. The Ground Water Impact Areas shall be identified by and encompass all of the following tax lots, as designated on the Branchburg Township Tax Map, and any lot or lots which may be subdivided therefrom:
Block
Lot(s)
Ground Water Impact Area 1
42
7
44
28, 29
44
Lots abutting Route 202 from #30.1 to #40.02
52
Lots abutting Route 202 from #7 to #13 at Robbins Road[1]
53
All lots
54
All lots
55
All lots
Ground Water Impact Area 2
76.04
20.01, 20.02, 20.04, 20.05, 20.06, 20.07, 21.01, 21.02, 21.03, 21.04, 21.05, 21.06, 22, 23, 24, 24.01, 25.01
[1]
Editor's Note: Ordinance 2018-1324 changed the name of the portion of Robbins Road at the east side of Route 202 to the intersection of Kenbury Road to Kenbury Road.
[Ord. #BH 95-39]
The Mandatory Connection Date for a Ground Water Impact Area shall be 90 days after public water is made available to that Ground Water Impact Area, as determined by Resolution of the Board of Health.
[Ord. #BH 95-39; Ord. #BH 2012-68]
On or after the Mandatory Connection Date the use of private wells originating in the Ground Water Impact Area as a potable water source is hereby prohibited.
[Ord. #BH 2012-68]
a. 
On or after the connection date, a nonpotable well may be installed, maintained, or used for geothermal heating and cooling purposes only.
b. 
Any well installed, maintained or used for geothermal hearing and cooling purposes must be registered with the State of New Jersey as a nonpotable well.
c. 
Prior to using any well for geothermal heating and cooling, the property owner shall:
1. 
Impose a deed restriction in a form approved by the Board of Health Attorney that runs with the land and remains in full force and effect for any future owner of the property; and
2. 
Install and permanently maintain a double check valve in the house plumbing in a manner approved by the Township Engineer.
[Ord. #BH 95-39]
Not later than the Mandatory Connection Date, all private wells within a Ground Water Impact Area shall be closed and sealed by the owner in accordance with State regulations. Every well closed and sealed shall be approved by the Township Health Department.
[Ord. #BH 95-39; Ord. #BH 96-41]
On and after the Mandatory Connection Date, there shall be no well installations of any type within a Ground Water Impact Area. Wells used solely for groundwater monitoring, and owned or controlled by the New Jersey Department of Environmental Protection, are permitted.
[Ord. #BH 95-39]
The penalty for a violation of this chapter shall be not more than $1,000 nor less than $25. Each day that a violation of this chapter continues to exist shall constitute a separate and distinct offense.