As used in this chapter, the following terms shall have the meanings
indicated:
HAZARDOUS SUBSTANCES
All substances, elements or compounds, excluding petroleum products,
designated under 40 CFR 116 pursuant to Section 311 of the Federal Water Pollution
Control Act Amendments of 1972 (Clean Water Act), the Spill Compensation and
Control Act, N.J.S.A. 58:10-23.11 et seq., as amended, or the New Jersey Water
Pollution Control Act, N.J.S.A. 58:10A-1, et seq. Sewage and sewage sludge
shall be considered hazardous substances for the purposes of this section.
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 LAND USE
Any hazardous substance or hazardous waste as defined above and made part of
Exhibit A attached hereto. For the purpose of this chapter, the storage
of petroleum products will not be deemed a regulated land use within the meaning
of this chapter.
TIER 1
The area, described in plan view around a well, from which groundwater
is reasonably likely to flow to the well within two 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 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 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 and described
in plan view around a well, from which groundwater is reasonably likely to
flow to the well and through which groundwater pollution, if it occurs, is
reasonably likely to pose a significant threat to the water quality of a well.
Wellhead protection areas consist of three tiers, corresponding to areas,
on average, from which groundwater flows to a well in two years (Tier 1),
five years (Tier 2) and 12 years (Tier 3). These areas are delineated by the
New Jersey Geological Survey of the New Jersey Department of Environmental
Protection. A map of the wellhead protection areas is included as part of
this chapter and is included in the Master Plan revision adopted by the Planning
Board on May 13, 2004. The map described shall be considered superimposed over any other
established zoning district. Land in the wellhead protection area may be used
for any purpose permitted in the underlying district, subject to the additional
restrictions listed herein.
The permitted uses within the wellhead protection area delineation shall
be those of the underlying zoning district, except those uses that are regulated
land uses.
The area and bulk regulations within the Wellhead Protection Overlay
District shall be those of the underlying zoning district.
In addition to the consideration of the use requirements and/or restrictions
described above, the approving authority may require the applicant to submit
additional information related to groundwater quality and protection as part
of the site plan developed and submitted for the parcel, for example, the
nature of materials to be used; expectations for storage of construction materials/debris;
hydrogeologic information; stormwater management; etc.
The approving authority shall not consider any application for a variance
from the provisions of this chapter until the WTEC and the WTMUA have had
an opportunity to review the application and make a written recommendation
to the approving authority. Any application for a variance from this chapter
shall be transmitted to the WTEC and WTMUA, which shall have 45 days from
the filing of the application to review and issue their recommendations. The
application shall be advertised for a public hearing at the next regularly
scheduled voting session of the approving authority following the expiration
of the forty-five-day period.