Township of Andover, NJ
Sussex County
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Table of Contents
Table of Contents
[Added 4-28-2008 by Ord. No. 2008-05]
The purpose and intent of this article is to ensure that:
A. 
Residential developments of two 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.
B. 
Groundwater quality is acceptable for drinking water purposes (or other intended use in the case of a nonresidential or agricultural application).
C. 
The impacts of the proposed withdrawal of the groundwater resource will not interfere with use of the resource by existing proximate users.
In addition to the definitions of terms set forth in Article I, § 159-4, the following additional definitions shall apply to the enforcement and implementation of this article and shall have the meanings indicated:
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a condition that ensures that the subsurface or percolation waters of the state are protected from contamination, has been replaced by another well or connection to a public supply, is contaminated, is nonproductive, or no longer serves its intended use pursuant to the state Act.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:
A. 
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.
B. 
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 effects 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 Andover Township Land Use Ordinance[1] 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 Andover Township Land Use 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 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 effect on air, water or soil quality.
DEPARTMENT
The New Jersey Department of Environmental Protection.
DEVELOPER
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 article, 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 groundwater from a well or wells. Drawdown is determined by subtracting the depth to water during pumping from the static water level determined prior to the start of pumping.
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 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
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 article.
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,[2] of this chapter.
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[3] of this chapter, 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 rate at which the water level in a well rises after the pump has been shut off. Recovery is the inverse of drawdown.
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.
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.
[1]
Editor's Note: See Ch. 74, Land Use Procedures.
[2]
Editor's Note: Appendix II is included at the end of this chapter.
[3]
Editor's Note: Appendix III is included at the end of this chapter.
The provisions of this article are applicable to:
A. 
All residential developments of two 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.
B. 
The provisions of this article 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.
C. 
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 article.
A. 
The purpose of undertaking an aquifer test and hydrogeologic evaluation is to:
(1) 
Determine if sufficient water is available to supply a proposed residential or commercial development or expansion thereof.
(2) 
Assess the magnitude of water-level drawdown (well interference) impacts on existing and future nearby residential, institutional and commercial wells/springs.
(3) 
Predict the effect of long-term pumping on water levels in existing and future wells.
(4) 
Determine the potability of the proposed well source(s) through laboratory testing.
B. 
Where applicable pursuant to § 159-30, the requirements for aquifer testing and hydrogeologic evaluation are as follows:
(1) 
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.
(2) 
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.
(3) 
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.
(4) 
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.
(5) 
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.
C. 
The procedures for aquifer testing and hydrogeologic evaluation shall be as follows:
(1) 
Submit a preliminary hydrogeologic evaluation and aquifer test plan for review and approval by the municipality's consulting hydrogeologist, with copies to the Board.
(2) 
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.
(3) 
Perform the three phases of aquifer test, specifically:
(a) 
Background monitoring.
(b) 
Pumping test.
(c) 
Recovery monitoring.
(4) 
Conduct water quality sampling and analysis for required parameters on representative wells.
(5) 
Prepare and submit the preliminary hydrogeologic report for review by the municipality's consulting hydrogeologist.
(6) 
Respond to comments from reviewers, finalize report and submit final hydrogeologic report to the municipality's consulting hydrogeologist, with copies to the Board.
D. 
The requirements for the aquifer test plan and aquifer test shall be as follows:
(1) 
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.
(2) 
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.
(3) 
The aquifer test shall be conducted in three phases: the background phase, the pumping phase, and the recovery phase. Appendix I, Aquifer Test Procedures,[1] of this chapter outlines the procedures for aquifer test design, data collection and reporting.
[1]
Editor's Note: Appendix I is included at the end of this chapter.
(4) 
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.
(5) 
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.
(6) 
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,[2] of this chapter.
[2]
Editor's Note: Appendix II is included at the end of this chapter.
(7) 
Appendix III[3] of this chapter 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.[4]
[3]
Editor's Note: Appendix III is included at the end of this chapter.
[4]
Editor's Note: Appendix IV is included at the end of this chapter.
(8) 
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.
E. 
The requirements for the submission of the hydrogeologic report and the evaluation of the results of the aquifer test shall be as follows:
(1) 
A hydrogeologic report must be submitted with each application to which this article is applicable. This report shall document the design and implementation of the aquifer test and include the following data, information and analysis:
(a) 
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.
(b) 
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.
(c) 
All water level and precipitation measurements obtained during the three phases of the aquifer test in electronic format acceptable to the municipality.
(d) 
A detailed hydrogeologic description of the aquifers encountered beneath the lot in question and adjacent properties.
(e) 
A detailed evaluation of the water-supply demand for an average and peak day. This demand should be supported with information on anticipated population, expected unit density, size of units, lawn and garden irrigation needs, pool filling requirements, and other anticipated water uses.
(f) 
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.
(g) 
Figures depicting site geology, topography, surface water bodies, water-level elevations, groundwater flow, and development plans.
(h) 
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.
(i) 
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.
(j) 
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.
(k) 
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[5] provides a checklist of all items that must be addressed in the hydrogeologic report.
[5]
Editor's Note: Appendix V is included at the end of this chapter.
(2) 
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:
(a) 
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.
(b) 
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.
(c) 
Pumping phase.
[1] 
If the pumping rate does not exceed the average daily demand by 120% or the peak-day demand cannot be pumped within a twenty-four-hour period, the aquifer beneath the lot in question may be deemed insufficient to meet the anticipated demands, and the applicant shall review and adjust the proposed demand and/or extent of development proposed. Some of the alternatives may include:
[a] 
Conducting two or more aquifer tests at discrete locations within the lot in question. The total volume of water pumped during the two or more aquifer tests must equal or exceed the proposed twenty-four-hour peak-day demand. This may be particularly applicable where large withdrawals are proposed in low yielding bedrock aquifer systems. Each test must be conducted individually and at no time should two wells be pumped simultaneously.
[b] 
Decreasing the number of proposed lots/dwelling units or amount of nonresidential development proposed or otherwise reducing the amount of groundwater to be withdrawn.
[c] 
Rearranging the development layout to better fit the availability of groundwater resources.
[2] 
If the pumping rate varies by more than 10% of the average flow rate, the entire test shall be repeated.
[3] 
If the pump shuts down during the pumping phase, the entire test must be repeated.
[4] 
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, the test must be repeated.
[5] 
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 E(2)(c)[1] above.
(d) 
Recovery phase.
[1] 
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.
[2] 
If water-level recovery is less than 90% of full recovery at the end of a recovery phase of similar duration as the pumping phase, the applicant must show through standard/recognized aquifer test analytical methods and calculations that the well or wells are capable of full recovery. If full recovery cannot be shown or groundwater mining/dewatering has occurred, the applicant will need to review and adjust the proposed demand and/or extent of development as outlined in Subsection E(2)(c)[1] above.
(e) 
Neighboring wells.
[1] 
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.
[2] 
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 E(2)(c)[1] above.
(f) 
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.
(g) 
Additional testing. Any test that must be repeated, restarted, or reconducted at a reduced demand, must satisfy all the requirements of this article 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.
(h) 
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).
A. 
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.
B. 
Determination of water quality shall be in accordance with the following:
(1) 
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.
(2) 
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 Andover Township Board of Health or Sussex 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.
(3) 
During the pumping test, field measurements of pH, conductivity/total dissolved solids and temperature shall be made with calibrated instruments.
(4) 
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 semi-volatile organic compounds at or near the lot in question, these analyses must also be conducted.
(5) 
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.
C. 
Water quality analyses shall be undertaken within 160 days of submission of an application for development or application for a permit.
The fees to the Township of Andover Land Use Board or Board of Adjustment shall be covered by the development application fees and escrow requirements set forth in Chapter 74, Land Use Procedures, Article VI, Fees and Costs. Fees to the Township of Andover Board of Health and the Sussex County Health Department shall be as required by those entities.
A. 
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.
B. 
If a lot or lots will utilize individual wells, the aquifer testing and hydrogeologic analysis and water quality requirements of this article 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 before submission of a final major subdivision application. 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 Sussex County Health Department stating that all constructed wells meet county standards.