[HISTORY: Adopted by the Township Committee
of the Township of Freehold by Ord.
No. O-80-22 (Ch. XXII of the Revised General Ordinances),
as amended through Ord. No. O-86-3. Subsequent amendments noted where
applicable.]
GENERAL REFERENCES
Environmental impact statements — See Ch. 142.
Floodplains and watercourses — See Ch. 166.
Land use — See Ch. 190.
Sewers — See Ch. 270.
Soil erosion and sediment control — See Ch. 282.
Soil removal and soil fill — See Ch. 286.
Water — See Ch. 351.
Sewage disposal systems — See Ch. 385.
Wells — See Ch. 394.
This chapter shall be known as the "Water Resources
Protection Ordinance of the Township of Freehold."
The objective of this chapter is to permit development
or construction upon lands with delicate hydrology subject to these
regulations and to limit mound systems with ejector pumps as a means
of septic disposal upon such lands. Such activity in those areas could
result in substantial impairment to the water resources of the Township
and the region, cause pollution from septic wastes and/or create consequential
difficulties to structures constructed thereon. To minimize losses
and damages, the Township's policy shall be to permit construction
and development as well as related activities in those areas of the
Township referred to, provided the water table is not such as to disqualify
such activity pursuant to the standards and regulations of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
A water-bearing stratum used as the source of water supply.
Such likely and foreseeable changes or occurrences in, upon
or under the land and/or to the hydrologic condition of the site which
would create or cause a situation sufficient to sustain a violation
of the terms and conditions upon which a certificate of occupancy
for a structure and its appurtenances would be issued.
The erection, alteration, repair or renovation of any building
or structure and the excavation, filling and grading of lots in connection
therewith.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining, excavation or landfill, and any use or change in the use
of any building or other structure, or land or extension of use of
land, for which permission may be required pursuant to this chapter.
Land which consists of any soil type designated as poorly
drained, very poorly drained and alluvial soils in the Soil Conservation
Service surveys and/or which contains Atlantic white cedar swamps,
hardwood swamps, pitchpine, lowlands, open bogs, ponds or spungs.
Both conventional and nonconventional systems as defined and referred to in Chapter 385, Sewage Disposal Systems, of this Code.
A site with the following characteristics: seasonal high-water
table at or above the surface with large amounts of organic matter,
low fertility and extreme water acidity and where the ecological community
is made up of sphagnum moss, cranberry cover, sheep laurel, ferns
and the like.
On-tract measurement of the horizontal and vertical movement
of water generally expressed in minutes to the inch in a wet soil.
In the case where the percolation rate tends to fall in the lower
end of the range, i.e., five minutes or less, the potential impact
of the proposed use will be analyzed with stricter scrutiny.
The condition of water resulting from the introduction of
substances of a kind and in quantities rendering it detrimental or
potentially dangerous to the public health or unfit for public use.
The highest level below which the soil is seasonally saturated
with water as measured by any means acceptable to the Township Board
of Health.
Equipment used for and in connection with treatment and/or
transportation of sewage, including pipelines which transport wastewater
across watershed ridge lines.
A shrub thicket with a seasonal high-water table at or near
the surface.
Those species or subspecies of wildlife indigenous to New
Jersey which are threatened or endangered as determined by the New
Jersey Department of Environmental Protection and set forth in N.J.A.C.
7:25-11.1 et seq., as amended to date.
A.
Any application for development or construction upon
lands which are the subject of this chapter shall be made to the Planning
Board.
B.
Initially, the Health Officer shall advise the Planning
Board if the site or any portion of it is subject to this chapter.
Accordingly, the original application shall be submitted with hydrologic
data for every fifth lot proposed for development, which information
shall be obtained on proposed lots in as precise a mathematical sequence
as possible. If the applicant proposes development on fewer than five
lots, hydrologic data will be submitted on the site as a whole.
C.
If and in the event the initial determination of the
Health Officer demonstrates conditions on proposed lots which violate
the standards of this chapter, the applicant continuing to seek approval
shall revise the development plat to show no development on those
lots or in those areas affected and/or shall resubmit the application
with data on each and every proposed lot.
D.
When acting upon such application, the Planning Board
shall grant approval only when and if it determines that the development
or construction:
E.
In making its decision, the Planning Board shall consider:
F.
The applicant shall have the burden of proof as well
as the responsibility to provide the Planning Board and the Environmental
Commission with the data necessary to achieve approval. The Planning
Board may consult with the Environmental Commission, the Township
Health Officer, the Board of Health, and such other state, county
and municipal officials and agencies as it shall determine necessary
to assist in making determinations pursuant to this chapter.
Each application shall be reviewed upon its own merit and a determination shall be made following analysis of the data as well as an on-site inspection. Applications for development and construction on sites or parts of sites falling into the following categories shall be approved only in accordance with § 355-4 of this chapter.
A.
Standard Number 1. Sites or parts of sites which are
dependent upon on-tract waste disposal (septic systems) and have a
seasonal high-water table less than five feet below existing grade
level.
(1)
Areas with seasonal high-water tables as referred
to above have severe limitations for the use of on-site disposal systems
regardless of the amount of fill and/or use of other tract enhancement
methods. Land areas in Freehold Township with seasonal high-water
tables less than five feet below the land surface are not usually
suitable for septic tank operation. Proposed alternative systems and
technologies are normally insufficient to avoid future consequential
difficulties.
B.
Standard Number 2. Sites or parts of sites which are
dependent upon on-site waste disposal where percolation tests conducted
in accordance with Township procedures indicate a percolation rate
of less than five minutes to the inch.
(1)
Many of the soils within Freehold Township have a
low potential for treatment and renewal of septic system effluents
containing nitrogen and phosphates. Under these conditions, too fast
a percolation rate can be as severe as a percolation rate which is
too slow. The rapid percolation rate increases the susceptibility
of groundwater to contamination. In order to maintain the quality
of the valuable groundwater, service water resources and aquifer recharge
areas of the Township of Freehold, a strict standard regarding percolation
rate is necessary.
C.
Standard Number 3. Sites or parts of sites the development
of which will require a new sewerage or water facility which will
result in the alteration of the hydrologic balance.
(1)
The intent of this standard is to control the depletion
of groundwater reservoirs and recharge areas within each watershed
within Freehold.
D.
Standard Number 4. Sites or parts of sites which are
determined to contain habitats which are essential to the survival
of animals identified as "threatened" or "endangered" by the New Jersey
Department of Environmental Protection.
(1)
Classification of the habitat referred to above shall
be made by the Freehold Township Environmental Commission in conjunction
with the Monmouth County Environmental Commission and/or the New Jersey
Rare and Endangered Species Commission.
E.
Standard Number 5. Sites or part of sites located
on or within 300 feet of freshwater wetlands.
(1)
Bogs, swamp forests, spung, white cedar swamps, and
other freshwater wetlands play a significant role in the maintenance
of environmental quality. These areas serve to retard runoff, purify
water, provide for groundwater recharge, and provide an important
habitat for many plants and animals, including rare, threatened and
endangered species. Alteration of these sites often results in substantial
impairment of their many natural resources, therefore, construction
and development shall not be permitted directly on the portion of
the site which falls into this category; provided, however, that public
bridges, roadways, trails and utility transmission lines and distribution
facilities shall be permitted in wetlands, provided that:
(a)
There is no feasible alternative route on site
for the facility that does not involve development in a wetland;
(b)
The public need cannot be met by existing facilities
or modification thereof;
(c)
The facility will not result in a significant
adverse impact which would result in an irreversible effect on the
ecological integrity of the wetland and its biotic components; and
(2)
Additionally, to ensure that development on adjacent
land areas does not affect the integrity of freshwater wetlands, a
buffer zone of not more than 300 feet may be required for the purpose
of providing protection of the actual wetlands. Development may occur
within the buffer zone, provided the applicant has demonstrated that
the proposed development will not result in a significant adverse
impact on the wetland.
[Amended 12-22-2015 by Ord. No. O-15-26]
The regulations herein are intended to complement
the Standards for the Construction of Individual Subsurface Sewage
Disposal Systems as promulgated by the Division of Water Resources,
New Jersey State Department of Environmental Protection, N.J.A.C.
7:9-2.1 et seq., as amended to date. The Planning Board shall be the
sole forum for application made hereunder and may apply its general
jurisdiction thereto.
