A preliminary submission shall be required of all subdivisions classified as a major subdivision.
A. 
Filing of application. All applications for development, as the term is defined in N.J.S.A. 40:55D-4, shall be filed with the administrative officer or designee.
B. 
Distribution. At least 10 days prior to the first regularly scheduled monthly meeting of the Board for which an application is scheduled, the administrative officer or designee shall distribute copies of the preliminary plan and application in the following manner:
(1) 
Township files.
(2) 
Planning Board or Board of Adjustment Chairperson.
(3) 
Township Engineer.
(4) 
Township Planner.
(5) 
Township Health Department.
(6) 
Construction Official.
(7) 
Fire Subcode Officer.
(8) 
Subdivision Committee Chairman.
(9) 
Environmental Commission.
(10) 
Board Attorney.
(11) 
MUA.
(12) 
Tax Assessor.
(13) 
Police Department.
(14) 
At the direction of the Board, additional copies of the preliminary plan and the supportive material may be forwarded to other Township, county or state officials.
A. 
Procedural requirements. All applications for preliminary subdivision shall include the following support documents and information:
(1) 
Thirteen map copies folded and collated.
(2) 
Health Department approval.
(3) 
Completed preliminary subdivision checklist.
(4) 
Completed preliminary subdivision application forms.
(5) 
Completed checklist waiver request form.
(6) 
An environmental and community impact statement in accordance with § 470-15, Environmental and community impact statement, of this chapter.
(7) 
Application and escrow fees as specified in Article VII, Fees, of this chapter.
(8) 
Affidavit of ownership if the applicant is not the owner of the property in question.
(9) 
Completed escrow agreement.
(10) 
Affidavit of disclosure for corporations.
(11) 
Proof of submission to the County Planning Board.
B. 
Map requirements. All applications for preliminary subdivision shall include maps and/or exhibits depicting the following information:
(1) 
All preliminary plans shall be prepared by a licensed professional as set out in N.J.A.C. 13:40-7 et seq.
(2) 
Key map. A key map showing the entire tract and its relation to the surrounding areas at a scale of one inch equals 1,200 feet. The key map shall include a North arrow.
(3) 
Identification information:
(a) 
Title block:
[1] 
Name of subdivision or development, municipality and county.
[2] 
Name and address of subdivider or developer.
[3] 
Name and address of the owner or owners of record and the names and addresses of all property owners within 200 feet of the extreme limits of the tract as shown on the most recent tax list available in the Township Tax Assessor's office.
[4] 
Name, address, signature, seal, and license number of the professional person who prepared the drawing.
[5] 
Acreage of tract to nearest 1/10 of an acre.
[6] 
Date of preparation and subsequent revisions.
[7] 
Zoning analysis. (A chart showing correct bulk requirements, per ordinance, for the zone and proposed bulk dimensions for the subject property.)
(b) 
Scale, both written and graphic, and North arrow.
(c) 
All property and structures within 200 feet of the extreme limits of the tract.
(d) 
Existing block and lot numbers and the lots to be subdivided or developed as they appear on the municipal tax map, and proposed block and lot numbers as provided by the Township Tax Assessor upon written request. These proposed block and lot numbers shall only be accepted if assigned by the Tax Assessor.
(e) 
Zoning district boundaries affecting the tract and tax map sheet numbers.
(4) 
The proposed locations and types of street trees to be provided shall also be indicated.
(5) 
Cross sections of watercourses and/or drainage swales at an approximate scale showing the extent of floodplain, top of bank, normal water levels and bottom elevations at any point where a course crosses a boundary of the tract.
(6) 
The location and extent of drainage and conservation easements and stream encroachment lines.
(7) 
The location, extent and water level elevation of all existing or proposed lakes or ponds within and adjacent to the tract.
(8) 
Contours; intervals shall be:
(a) 
Up to 10% grade: two feet.
(b) 
Over 10% grade: five feet.
(9) 
Existing and proposed structures. Locations of all existing structures showing existing and proposed front, rear and side yard setback distances, and an indication of whether the existing structures and uses will be retained or removed.
(10) 
Location of existing and proposed trails.
(11) 
Proposed street names.
(12) 
Traffic study for development of 50 or more lots.
(13) 
Traffic patterns. Conformity with state, county or West Milford access management codes must be shown where applicable.
(14) 
Storm drainage. The application shall include plans and computations for any storm drainage systems, including the following:
(a) 
All existing or proposed storm sewer lines within or adjacent to the tract showing size and profile of the lines, direction of flow and the location of each catch basin, inlet, manhole, culvert and headwall.
(b) 
The location and extent of any proposed drywells, groundwater recharge basins, detention basins or other water or soil conservation devices.
(c) 
Stormwater quality for on-site and off-site effects shall be addressed on each application.
[1] 
Stormwater calculations.
[2] 
Drywell/retention/recharge measures.
[3] 
Project phasing.
[4] 
Management report.
(d) 
Stormwater quantity measures.
[1] 
Flood and erosion controls.
[2] 
Stormwater calculations.
[3] 
Project phasing.
[4] 
Outlet controls.
[5] 
Facilities map.
(15) 
Cross sections and grade details. Plans, typical cross sections, center line profiles, tentative grades and details of all proposed streets and of the existing streets abutting the tract.
(16) 
Locations of monuments to be set.
(17) 
Limit of disturbance lines showing areas to be disturbed by grading and construction.
(18) 
Location of existing wells and septic systems on the property.
(19) 
All natural features in accordance with § 500-71, Natural features, of this Land Development Ordinance.
(20) 
Finished grade elevation where changes in contour are proposed.
(21) 
Soil erosion and sediment control plan.
(22) 
Location and results of percolation tests.
(23) 
Curbline radii and street sign locations.
(24) 
Indicate location and ownership of easements on tract and within 200 feet of the tract.
(25) 
Property line dimensions in feet.
(26) 
All property lines shown in degrees, minutes and seconds.
(27) 
Driveway profiles where the natural slope exceeds 10%.
(28) 
Proper sight easements, where required.
(29) 
Proper drainage easements, where required.
(30) 
List of design waivers requested, if any.
C. 
Land disturbance criteria.
[Added 4-6-1994 by Ord. No. 1994-11]
(1) 
Purpose. The purpose of this subsection is to protect lands from excessive land disturbance associated with development that are characterized by moderate to steep slopes as follows:
(a) 
To protect the existing wooded characteristics of the slopes within the Township.
(b) 
To preserve the general character and the vistas found within the Township.
(c) 
To protect slopes from soil erosion.
(d) 
To protect the surface water quality from runoff and sedimentation.
(e) 
To mitigate stormwater runoff and encourage groundwater recharge.
(2) 
Permitted maximum lot disturbance: single-family zone.
Zone
Minimum Lot Size
Percent
Disturbance
LR
20,000 square feet
45%
R-1
1 acre
35%
R-2
2 acres
25%
R-3
3 acres
25%
R-4
4 acres
20%
(3) 
The maximum permitted lot disturbance shall include all clearing and/or land disturbance on the lot required for the construction of a single-family house and its utility connections, amenities, etc.
(4) 
Maximum permitted land disturbance: cluster zones.
Cluster Zone
Minimum Lot Size
(acres)
Percent
Disturbance
R-2
1
35%
R-3
1.5
30%
R-4
2.0
25%
R-1/PN
50
50%
(5) 
Slopes in excess of 35% shall not be disturbed in connection with the development on an individual lot.
A. 
General provisions.
(1) 
The environmental impact generated by land development projects necessitates comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize those problems. This constitutes an environmental and community impact statement. In evaluating environmental impact, the Planning Board and the Board of Adjustment shall not approve any submission until it determines and finds that the proposed development:
(a) 
Will not result in appreciable harmful effects to the environment.
(b) 
Has been designed and conceived with a view toward the protection of the regional resources.
(c) 
Will not place a disproportionate or excessive demand upon the total resources available for such proposal and for any future proposals.
(2) 
In order to accomplish these goals, the Board shall condition any approval upon the implementation of those performance controls deemed necessary to assure the protection of the environment. Any approval shall also be conditioned upon the receipt of licenses, permits or other approvals required by law. Those factors outlined in Subsection D along with supplemental requirements adopted by the Board shall be used to determine the environmental performance controls that are necessary.
B. 
Exemptions. The following applications are exempt from complying with the environmental and community impact statement requirements:
(1) 
Site plan applications for single-family detached or two-family dwellings on existing lots of record unless affecting a wetland, floodplain, FW1 or FW2 stream.
(2) 
Minor subdivision and site plans that will not result in potential new construction or alteration to the site.
(3) 
All agricultural operations that are conducted in accordance with a plan approved by the Soil Conservation District.
(4) 
Silviculture operations, the development and/or maintenance of a forest or wooded preserve, that are conducted in accordance with a plan prepared by a professional forester or the New Jersey Division of Parks and Forests.
C. 
General requirements. It is further recognized that the level of detail required for various types of applications will vary depending on the size of the proposal, the nature of the site and the location of the project. Therefore, having determined that some flexibility is needed in preparing the environmental and community impact statement, the requirements for such a document are listed as follows:
(1) 
A preapplication conference shall be held with the Planning Director and a representative of the Environmental Commission to determine the content of the environmental and community impact statement as outlined in Subsection D along with any supplemental guidelines adopted by the Board. Waivers of specific environmental and community impact statement requirements shall be appealed to the respective Board.
(2) 
The environmental and community impact statement shall be prepared by an individual or group of individuals, each recognized in their field of expertise, the credentials and expertise of that individual(s) shall be submitted with the environmental statement. All applicable material on file in the West Milford Department of Planning and Development pertinent to local conditions shall be consulted. Any additional material pertinent to evaluation of potential regional impacts shall also be considered. Furthermore, as much original research as necessary shall be conducted to develop a comprehensive environmental and community impact statement.
(3) 
Eight copies of each environmental and community impact statement shall be submitted with the appropriate development application. One copy of the environmental and community impact statement shall be forwarded to the Environmental Commission for review and comment. The Environmental Commission shall submit its comments expeditiously to the Planning Board or Board of Adjustment. Four copies of the environmental and community impact statement shall be circulated among the Township departments that participate in the application review process. The remaining copies shall be retained by the Department of Planning and Development and the West Milford Township Library and shall be made available for public review and comment.
(4) 
The environmental and community impact statement shall consist of written and graphic materials which will clearly present the information that is required. The scale of all maps shall be no greater than one inch equals 50 feet, unless the Planning Director and/or Board agree to another scale. Contours, when required, shall be provided at two-foot intervals and extend for 100 feet beyond the boundaries of the property.
(5) 
Upon receipt of the environmental and community impact statement, the Board shall determine within 45 days if it is complete or incomplete; if incomplete, it shall be returned to the applicant with recommendations regarding the additions, deletions and/or corrections which are needed.
(6) 
In preparing the environmental and community impact statement, the applicant shall make himself aware of the requirements specified in other sections of the Land Development Ordinance so that unnecessary duplication of effort is avoided.
D. 
Application types.
(1) 
All minor subdivision applications, preliminary subdivisions and site plan applications, consisting of less than 10 acres, shall be accompanied by a limited environmental and community impact statement as determined by the Environmental Commission and Planning Director, except as set forth in § 470-15 herein. The information required shall be presented in a concise report unless environmentally sensitive areas are involved. When environmentally sensitive areas are involved, the report shall be supplemented with additional graphic and explanatory material. Environmentally sensitive areas in West Milford include, but are not limited to:
(a) 
Stream corridors and floodplains.
(b) 
Streams and water bodies.
(c) 
Wetlands.
(d) 
Slopes greater than 20%.
(e) 
Erodible soils.
(f) 
Mature forests of sugar maple or hemlock.
(g) 
Aquifer recharge areas.
(h) 
Aquifer discharge areas.
(i) 
Unique natural features and habitats.
(j) 
Scenic vistas and trail systems.
(k) 
Areas of potentially high and low water yields.
(2) 
All preliminary major subdivision applications, preliminary site plan applications, consisting of 10 acres or more, conditional use applications, and all use variances shall be accompanied by an environmental and community impact statement. The information required shall be presented in a detailed report which shall include written, graphic or other explanatory material.
E. 
Contents of environmental and community impact statement. When an environmental and community impact statement is required, the following format shall be utilized and the information requested shall be provided:
(1) 
Project description. Indicate the purpose and scope of the proposed project. Enumerate the benefits to the public which will result from the proposed project and describe the suitability of the site for the intended use. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed, how they are to be considered and the uses intended. The resident population, working population and visitor population shall be estimated. The compatibility or incompatibility of the proposed project shall be described in relation to the following:
(a) 
Township Master Plan, especially the land use and open space, housing, circulation and infrastructure elements.
(b) 
Master plans of adjacent municipalities.
(c) 
Passaic County Master Plan.
(d) 
Regional and state plans.
(e) 
Other pertinent planning documents.
(2) 
Site description and inventory. Provide a description of environmental conditions on the site which shall include, but not be limited to, the following items:
(a) 
Types of soils. List and description of each soil type located on the site. If applicable, percolation data and soil analysis as required by the West Milford Health Department shall be provided. Where the proposed area of land disturbance will involve soils with moderate or severe limitations, as per Soil Survey of Passaic County, Soil Conservation Service, relative to the type of project proposed, a complete mapping of all soil types on the site shall be required indicating where those moderate and severe limitations exist.
(b) 
Topography. Description of the topographic conditions within the site and extending 200 feet beyond the property lines. When 15% or more of the proposed area of land disturbance encompasses slopes in excess of 10%, the following slope ranges shall be mapped for the entire site: 10% to 15%; 15% to 20%; 20% and up.
(c) 
Geology. Description of the geologic formations and features associated with the site as well as depth to bedrock conditions. Delineation of these areas where bedrock is in close proximity to the surface, within two feet of the surface as well as major bedrock outcroppings.
(d) 
Vegetation. Description of the existing vegetation on the site. When required, sketch the location of major vegetative groupings such as woodland, open field and wetland. Where woodlands are delineated, the forest type shall be indicated.
(e) 
Surface water. Description of existing watercourses and water bodies that are partially or totally on the site and their relationship to the area of land disturbance. Existing surface runoff from the site shall be calculated using the methods contained in Soil Conservation Survey Manual No. 55. When the natural drainage pattern will be significantly altered, an analysis shall be conducted which will investigate flow, depth, capacity and water quality of receiving waters. When required, floodplain and wetlands areas shall be mapped in consultation with the New Jersey Department of Environmental Protection. Existing drainage structures shall be mapped and the capacity of the drainage network shall be determined.
(f) 
Subsurface water. Description of the subsurface water conditions on the site, both in terms of depth to groundwater and water supply capabilities of the site. Where existing conditions warrant, detailed information regarding existing wells within 500 feet of the site relative to depth, capacity and water quality shall be provided. A successful five-day test including adjacent well monitoring is required prior to preliminary approvals. The water supply capabilities of the adjacent areas and the recharge capabilities of the site shall be discussed.
(g) 
Unique, scenic and/or historic features. Description and map of those portions of the site that can be considered to have unique scenic and/or historic qualities.
(h) 
Existing development features. Description of any existing features on the site that are not considered to be part of the natural environment. This may include, but not necessarily be limited to, roads, housing units, accessory structures and utility lines.
(i) 
Existing wood roads and/or trails whether blazed or otherwise.
(j) 
Miscellaneous. When warranted, an analysis shall be conducted of existing air quality and noise levels as prescribed by the New Jersey Department of Environmental Protection or the West Milford Health Department.
(3) 
Area and regional description. A description of the surrounding environs shall be provided as well as the existing land use pattern. When required, the existing infrastructure, with respect to the drainage and transportation network, as well as any central sewerage and water supply facilities shall be described in detail. An appropriate regional analysis relative to the proposed project shall be included.
(4) 
Impact. Discuss the negative and the positive on- and-off-site impacts as they affect the items listed in Subsection E(2)(c) and (d) hereinabove. Indicate those negative impacts that are unavoidable. Indicate those resources affected by the proposal which will be irretrievably lost and those resources which are renewable. The specific concerns that shall be considered include, but are not limited to, the following:
(a) 
Soil erosion and sedimentation resulting from surface runoff.
(b) 
Flooding and floodplain disruption.
(c) 
Degradation of surface water quality.
(d) 
Groundwater pollution.
(e) 
Reduction of groundwater capabilities.
(f) 
Sewage disposal.
(g) 
Solid waste disposal.
(h) 
Vegetation destruction.
(i) 
Disruption of wildlife habitats.
(j) 
Destruction of scenic and historic features.
(k) 
Air quality degradation.
(l) 
Noise levels.
(m) 
Energy utilization.
(n) 
Neighborhood deterioration.
(o) 
Affect on public services, such as schools, fire and police.
(p) 
Traffic congestion.
(q) 
Health, safety and welfare of existing residents.
(r) 
Regional development policies.
(s) 
Open space or trail elimination.
(t) 
Cost-benefit analysis, which is an analytic method whereby the actual and hidden costs of a proposed project are measured against the benefits to be received from the project.
(5) 
Recommendations to mitigate adverse environmental impact. Describe in detail what measures will be employed during the planning, construction and operation phases which will minimize or eliminate negative impacts on and off site that could result from the proposed project. Of specific interest are:
(a) 
Drainage plans which shall include, but not be limited to, soil erosion and sedimentation controls. Every effort should be made to limit off-site runoff to predevelopment levels.
(b) 
Sewage disposal techniques.
(c) 
Water supply and water conservation proposals.
(d) 
Site design techniques to the natural environment which should include innovative landscape, building and circulation design.
(e) 
Energy conservation measures.
(f) 
Noise reduction techniques.
(g) 
Construction schedule.
(h) 
Miscellaneous on-site and off-site public improvements.
(6) 
Alternatives. Discuss what alternatives were considered both in terms of site design and project location. Indicate why an alternative was rejected if it would have resulted in less of a negative impact than the subject proposal.
(7) 
Licenses, permits and other approvals required by law. The applicant shall list all known licenses, permits and other forms of approval required by law for the construction and operation of the proposed project. The list shall include, but will not be limited to, approval required by the Township, as well as agencies of the county, state and federal governments. Where approvals have been granted, copies of such approvals shall be attached. Where approvals are pending, a note shall be made to that effect.
(8) 
Documentation. All publications, file reports, manuscripts or other written sources of information related to the project, the project site and the Township which were consulted and employed in compilation of the environmental and community impact statement shall be listed. A list of all agencies and individuals from whom pertinent information was obtained orally or by letter shall be listed separately. Dates and locations of all meetings shall be specified.
[Added 11-7-2007 by Ord. No. 2007-028]
A. 
Purpose and intent. The purpose and intent of this section is to ensure that:
(1) 
All preliminary subdivision approval or final subdivision approval applications, residential developments that at any time consist of four 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 Chapter 420, § 420-6, 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 the West Milford Township Land Development Ordinance 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, 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, SEMICONFINED
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 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, 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 West Milford 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 semiconfined or confined aquifer caused by pumping of the groundwater from a well or wells. Drawdown is determined by calculating the difference between the depth to water during pumping and the static water level determined prior to the start of pumping.
[Amended 12-20-2017 by Ord. No. 2017-017]
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
Static head is 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 a 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 II, 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 III of this chapter[2] outlines the notification requirements and procedures for owners of existing wells and springs within 500 feet of any boundary of the lot in question.
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, 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.
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.
RECOVERY
The percentage rise of the water table of an unconfined aquifer or the potentiometric surface of a semiconfined or confined aquifer, as compared to the drawdown, measured at the end of a recovery phase duration from the cessation of pumping, wherein the recovery phase duration is equal to the pumping phase duration. Recovery is determined by calculating the difference between the depth to water at the end of the recovery phase and the static water level determined prior to the start of pumping, then subtracting that difference from the drawdown as measured at the end of the pumping phase, and dividing the result by the drawdown as measured at the end of the pumping phase, and then multiplying by 100 to determine percent.
[Amended 12-20-2017 by Ord. No. 2017-017]
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.
RESIDUAL DRAWDOWN
The difference between the depth to water as measured during the recovery phase and the static water level as measured prior to the start of pumping.
[Added 12-20-2017 by Ord. No. 2017-017]
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 exceedence of an applicable drinking water quality standard of a required test parameter under the Private Well Testing Act. 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.
C. 
Applicability. The provisions of this section are applicable to:
(1) 
All residential developments of four 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 section.
(4) 
All terms and conditions contained in this section are consistent and in accordance with New Jersey Department of Environmental Protection guidelines. Wherever there is a conflict of such terms then, pursuant to N.J.S.A. 40:55D-38b(13), the DEP guidelines shall apply.
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 this section, 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 of which the applicant shall reimburse the Township for such services by way of an escrow account.
(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 hydrogeologic report to Planning Board simultaneously with application for preliminary site plan and/or subdivision approval.
[Amended 12-20-2017 by Ord. No. 2017-017[3]]
[3]
Editor’s Note: This ordinance also repealed former Subsection D(3)(f), regarding submission of a final hydrogeologic report, and which immediately followed this subsection.
(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 I, Aquifer Test Procedures, of this chapter[4] outlines the procedures for aquifer test design, data collection and reporting.
(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 II, Observation Well Requirements - Well Testing, of this chapter.[5]
(g) 
Appendix III of this chapter[6] 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 IV.[7]
(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.
(i) 
The aquifer test plan shall include an implementation schedule, subject to the approval of the municipality's consulting hydrogeologist, which shall establish deadline dates for the completion of the aquifer test and submission of the preliminary hydrogeologic report. In the event that the aquifer test cannot be completed by the deadline date, the applicant may request, and the Board may grant, an extension of up to 60 days for good cause, and the implementation schedule will be revised accordingly. If the applicant fails to complete the aquifer test in accordance with the implementation schedule, a revised aquifer test plan shall be resubmitted with a new implementation schedule, subject to the approval of the municipality's consulting hydrogeologist, and all owners of monitored off-site wells shall be notified of their option to have the monitoring equipment removed from their wells. The applicant will provide additional escrow funds as necessary for the municipality's consulting hydrogeologist to review the revised aquifer test plan.
[Added 7-18-2012 by Ord. No. 2012-012]
(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 section 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 must be supported with information on anticipated population, expected unit density, size of units, including number of bedrooms and bathrooms, lawn and garden irrigation demands, pool-filling requirements, and other anticipated water uses. If the calculated demands do not include water use for irrigation, pool filling, or other nonpublic purposes, the applicant must agree to deed restrict the lots from using the well for these purposes.
[Amended 12-20-2017 by Ord. No. 2017-017]
[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 V provides a checklist of all items that must be addressed in the hydrogeologic report.[8]
(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, during the pumping phase, the pumping rate, in gallons per minute, cannot be maintained at a rate equal to 120% of the rate calculated by dividing the average daily demand in gallons by 1440 minutes, or the peak-day demand cannot be withdrawn from the aquifer within a single twenty-four-hour period, the aquifer beneath the lot in question is deemed insufficient to meet the anticipated demands, and the applicant shall review and adjust the proposed demand and/or extent of the development proposed. The following alternatives shall be evaluated in the following priority:
[Amended 12-20-2017 by Ord. No. 2017-017]
[i] 
Decreasing the number of proposed lots/dwelling units or amount of nonresidential development to reduce amount of groundwater that must be withdrawn to meet demands.
[ii] 
Rearranging the development layout to better utilize available groundwater resources.
[iii] 
Conduct two or more aquifer tests at discrete locations within the lot in question. The total volume of water withdrawn from the aquifer during the two or more aquifer tests must equal or exceed the peak-day demand. This last alternative may be used, with the approval of the municipality’s consulting hydrogeologist, where large withdrawals are proposed for areas underlain by low-yielding aquifer systems. Each test must be conducted individually, and at no time should two wells be pumped simultaneously.
[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 I,[9] the test must be repeated.
[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 Subsection D(5)(b)[3][a] 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 prepumping static water level to assess recovery magnitude and degree of recovery.
[b] 
If recovery is less than 90% at the end of the recovery phase, the applicant must adjust the proposed demand and/or extent of development as provided in Subsection D(5)(b)[3][a][i] and/or [ii] above.
[Amended 12-20-2017 by Ord. No. 2017-017]
[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 reconducted at a reduced demand must satisfy all the requirements of this section including but not limited to renotification 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, as may be amended or expanded by the West Milford Township Board of Health or Passaic 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.
(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 semivolatile 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) 
A water quality analysis report shall be completed and included in the hydrogeologic report submitted with the development application. The water quality laboratory report shall be submitted to the Board’s consulting hydrogeologist, with one copy to the Board.
[Amended 12-20-2017 by Ord. No. 2017-017]
F. 
Fees.
(1) 
The fees to the Township of West Milford Planning Board or Board of Adjustment shall be covered by the development application fees and escrow requirements set forth at Article VII. Fees to the Township of West Milford Board of Health and the Passaic 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 section shall be met, where applicable. Moreover, 25% of the proposed wells shall have been constructed in accordance with all requirements of the local and state Health Department as a condition of preliminary approval of any major subdivision and/or before submission of a final major subdivision application, at the discretion of the Planning Board. 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 Passaic County Health Department stating that all constructed wells meet county standards.
A. 
An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. In the event that any agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the 45 day period for purposes of commencing the applicable time period unless:
(1) 
The application lacks information indicated on a checklist adopted by ordinance and provided to the applicant; and
(2) 
The municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in this chapter or any revisions in the accompanying document, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency.
[Amended 12-5-2007 by Ord. No. 2007-030]
B. 
Any proposed subdivision or development determined by the Board to be creating, imposing, aggravating, or leading to the possibility of an adverse effect upon either the subject property or upon any adjacent properties may be required to be revised to remove such adverse effect prior to further review, classification, or approval by the Board or, where the remaining portion of the original tract is of sufficient size to be subdivided or developed further, the applicant may be required to submit a sketch of the entire remaining portion of the tract to indicate a feasible plan whereby the proposed subdivision or development, together with subsequent subdivisions or developments, may be submitted that will not create, impose, or aggravate, or lead to any such adverse effect.
C. 
Time for decision. The Planning Board shall be deemed to have granted preliminary approval unless it takes action to grant or deny the application within the following time periods:
(1) 
Upon the submission to the Planning Board of a complete application for a site plan which involves 10 acres of land or less, and 10 dwelling units or less and/or a subdivision of 10 or fewer lots, the Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer.
(2) 
Upon the submission of a complete application to the Planning Board for a site plan which involves more than 10 acres, or more than 10 dwelling units, and/or a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer.
(3) 
Upon the submission of a complete application for a site plan and/or subdivision pursuant to § 470-2B, the Planning Board shall grant or deny preliminary approval within 120 days of the date of such submission or within such further time as may be consented to by the developer.
D. 
Submission of revised application. Should the application be determined by the administrative officer or this Board either to be incomplete or require substantial revisions, the applicant shall be notified in writing of the deficiencies therein by the Board or its designee within 45 days of submission of such application or it shall be deemed to be properly submitted. After said notification, the applicant may submit an appropriately revised application to the administrative officer as in the first instance.
E. 
Public hearings; notice. All hearings held on applications for preliminary subdivision approval and preliminary site plan approval shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 20 days prior to the date of the hearing, pursuant to the provisions of § 420-9E. The Board shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decisions to writing. The Board shall provide the findings and conclusions through a resolution adopted at a meeting held within the time period provided for action or a memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the action was taken. The date of the resolution shall constitute the date of the decision for purposes of mailings, filings and publications. A copy of the decision shall be mailed within 10 days of the date of the decision to the applicant or, if represented, his attorney. A brief notice of the decision shall be published in the official newspaper of the Township, if there be one, or in a newspaper of general circulation in the Township. Such publication shall be arranged by the applicant.
F. 
Granting of approval subject to amendment. Should minor revisions or additions to the plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions. Should major revisions to the plan be deemed necessary, the Board shall require that an amended plan be submitted and proceeded upon as in the case of the original application for preliminary approval.
G. 
Rejection of application. If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat plan and a resolution adopted setting forth the reasons for such rejection. One copy of the plat or plan and the resolution shall be returned to the applicant within 10 days of such determination.
A. 
Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1) 
The general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements.
(2) 
The applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary plat or plan.
(3) 
The applicant may apply for and the Board may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension period of two years, provided that, if the design standards have been revised by ordinance, such revised standards may govern.
B. 
In the case of a subdivision of or site plan for an area of 50 acres or more, the Board may grant the rights referred to above for such period of time, longer than three years, as shall be determined by the Board to be reasonable taking into consideration the standards included in N.J.S.A. 40:55D-49d.
[1]
Editor's Note: For current statutory provisions related to effect of preliminary approval, see N.J.S.A. 40:55D-49.