BE IT ORDAINED by the Township Committee of the Township of Wantage that a new Chapter 15A of the Revised General Ordinances of the Township of Wantage being the entitled “The Aquifer Protection and Well Testing Chapter” shall be adopted as follows:

Section 1. A new Chapter 15A shall be added as follows:

CHAPTER XV-A
AQUIFER PROTECTION AND WELL TESTING

15A-1.1 Purpose
This aquifer protection and well testing ordinance is adopted to ensure the adequacy of potable groundwater supply for residential and commercial development in areas not served by public water supply and to ensure that such water is safe for human consumption and use. Abandoned and faulty wells may cause pollutants to reach the aquifer, creating risk to life safety of residents drawing water from that source. These provisions are established to promote the health, safety and welfare of the citizens of the Township of Wantage. These provisions do not excuse any person or entity from complying with all other relevant requirements and obligations imposed by State and federal laws and regulations and other local ordinance provisions.

15A-1.2 General Provisions

a. A plot plan with locations of all existing wells must be submitted with all development applications. Every reasonable effort, including records search and field investigations, must be employed to locate existing wells. The assistance of a licensed well driller should be sought when subsurface wells (where well casing does not come above ground surface) are probable (e.g., old farmsteads, abandoned houses, foundations). If there are no existing wells, a letter from the applicant’s engineer so stating must be submitted. A field inspection may be required.

b. A “statement of intent” as to which wells, if any, are to remain in use and which wells are to be abandoned must be submitted to the Township for each development project. Well status must also be designated on the plot plan referred to in section 15A-1.2(a) above.

c. All existing wells which do not meet New Jersey Department of Environmental Protection (“NJDEP”) Standards for the Construction of Public Noncommunity and Nonpublic Water Systems set forth in N.J.A.C. 7:10-12, et seq. must be brought up to those standards or certified sealed by a licensed well driller prior to site improvements. Temporary exception can be made for wells in use and existing wells, which will be used as monitor wells during pumping tests. Requests for a temporary exception must be made to the Township Engineer.

d. All wells which are to be abandoned in accordance with Section 15A-1.2(b) must also be sealed and certified by a licensed well driller prior to site alteration or improvements and aquifer well testing.

e. Joint patterns should be taken into consideration when locating wells and septic systems. Because vertical joints are abundant, every reasonable effort shall be made to ensure that wells and septic systems are not located along the same joint line, and to maximize separation.

f. A wellhead protection area may be reserved as open space on the up-gradient side of the cluster of domestic wells in a subdivision. Location and size of the wellhead protection areas for each subdivision will be determined on a case-by-case basis.

a. Projected water demand of the project must be determined in accordance with NJDEP Standards for the Construction of Public Noncommunity and Nonpublic Water Systems set forth at N.J.A.C. 7:10-12, et seq.

b. If the project water demand is 100,000 gallons per day (gpd) or more, the applicant must obtain a water diversion permit from the NDJEP. Pumping tests must be in accordance with NJGS GSR 29, “Guidelines for Preparing Hydrogeologic Reports for Water-Allocation Permit Applications”. A copy of the permit application must be submitted to the Township for review.

c. If the projected water demand is less than 100,000 gpd but greater than or equal to 50,000 gpd, at least two observation wells are required in accordance with the testing procedure set forth at Section 15A-1.3(b) above. One observation well should be located along structure, and one across structure from the test/production well. Existing wells, on and off site, may be used as observation wells with the property owner’s permission. Any owner of an existing well within 500 feet or the zone of influence, whichever is greater of the test/production well may request monitoring of that well as an observation well at the applicant’s expense. Locating and accessing the well shall be at the observation well owner’s risk and expense. The owner of the observation well shall sign a release holding the well tester harmless for any inconvenience. The observation well should be sampled for coliform before and after the pumping test. The applicant is required to chlorinate and resample any observation well contaminated with coliform during testing.

d. If the project water demand is greater than 3,000 gpd but less than 50,000 gpd, one test/production well and one observation well shall be required. An existing well may be used as the monitoring well subject to the conditions stipulated in Section 15A-1.3(c) above. Any owner of an existing well within 500 feet or the zone of influence, whichever is greater, of the test/production well may request monitoring of that well at the applicant’s expense, and subject to the conditions provided in Section 15A-1.3(c) above. An aquifer pumping test of 24 hours followed immediately by a standard recovery test must be conducted on the test/production well. Discharge must be metered. Draw down during the pumping test must be monitored in the pumping and monitor wells.

e. For any test conducted under Section 15A-1.3 hereof, water samples shall be collected near the end of the pumping test and analyzed for the following:

pH
Hardness
Fe
Mn
Nitrate
Chloride
Coliform bacteria
VO scan
Pesticides
Herbicides

Additional tests as required by the Private Well Testing Act of 2002, N.J.S.A. 58:12A-26, et seq., shall also be completed. The pumping rate and total gallons pumped should demonstrate that the needed water is available without detrimental impact on the aquifer or nearby wells.

The test/production well site shall be chosen by the applicant’s hydrogeologist to maximize yield and minimize interference with other wells. The hydrogeologist shall be responsible for the design and supervision of the pumping test.

f. A geologic and hydrogeologic report containing appropriate maps, well logs, pumping test data, information on nearby wells, onsite water balance, results of the water analyses, discussion of the adequacy of the water supply and local/regional effects on the water table, and recommendations must be prepared by the applicant’s hydrogeologist and submitted to the Township for review.

g. The report described in Section 15A-1.3(f) above shall be reviewed by the Township Engineer who may require additional testing or information.
h. Monies to cover all review expenses must be deposited in an escrow account prior to preliminary site plan approval in accordance with the requirements of N.J.S.A. 40:55D-53.1, et seq.

15A-1.4 Aquifer Testing for Single-Family Residential Developments
For all major subdivisions, an aquifer test and hydrogeologic report shall be submitted and reviewed prior to granting of preliminary subdivision approval. Aquifer testing and data to be included in the report are as follows:

a. The average daily, peak day, and average yearly water demand for each subdivision of 4 or more lots must be determined according to guidelines set forth at N.J.A.C. 7:10-12.7; peak day is twice the average daily demand.

b. The minimum number of test wells required is based on the number of lots, and the acreage of the tract to be developed as follows:

Number of lots	Wells
4-10	2 test wells, 1 pumping test
11-25	3 test wells, 1 pumping test
26-50	4 test wells, 1 pumping test
>50	4 test wells plus one additional test well for each additional 25 lots or part thereof; at least 4 test wells per 100 acres. More wells may be needed depending on geology and well yield; one pumping test per each 50 lots or part thereof.

Each pumping well must have an observation well within 500 feet. More pumping tests than indicated above may be needed to pump the estimated water demand of a project in a 24-hour period, depending on the yield of the test wells.

c. Wells should be located by applicant’s hydrogeologist on lots in such a manner that they may become the domestic supply for that lot. Locations should take into consideration:

1. area distribution of test wells on the tract;
2. geologic variability beneath the site;
3. topography;
4. geologic structures, joints, faults, etc.; and
5. 5. two wells in each group should be located on adjacent proposed lots and along the dominant joint direction. One of these wells should be the pump-tested well in each group.
   Wells must be constructed in accordance with Standards for the Construction of Public Noncommunity and Nonpublic Water Systems set forth at NJDEP N.J.A.C. 7:10-12, et seq.. Each test well must have a locking cap.

d. Pumping Test(s).

1. The pumping test(s) shall be designed by the applicant’s hydrogeologist to pump at least the average daily water demand and preferably the peak day demand at the highest rate possible. For 50 or more lots, the peak day demand plus 20% additional must be pumped.

2. The pumping test(s) must last at least 4 hours and up to 24 hours. Test(s) must be conducted in accordance with standard methods. All test wells shall be monitored for drawdown by reliable methods; dip tubes should be installed for this purpose in a pumping well. Discharge must be metered and channeled away from the wellhead. The pumping test must be followed immediately by a standard recovery test to 90% recovery in the pumping well. If the water level has not recovered to 90% in one hour, a water level should at least be taken the following morning to be sure that the level has recovered to 90% of static.

3. The pumping rate, total gallons pumped, amount of drawdown and recovery rate should demonstrate that the needed water is available without detrimental impact on the aquifer or nearby wells.

e. Water samples must be collected near the end of the pumping test(s) and be analyzed as per Section 15A-1.3(e) above, or as required by the Township Engineer. Projects of 50 or more lots must comply with Public Community Water Supply testing standards.

f. A geologic and hydrogeologic report containing appropriate maps, well logs, pumping test data, information on nearby wells, onsite water balance, results of the water analyses, discussion of the adequacy of the water supply and local/regional effects on the water table, and recommendations must be prepared by the applicant’s hydrogeologist and submitted to the Township Engineer for review. For developments of 50 or more lots, the hydrogeologic report must also be reviewed by NJDEP.

g. The report required in Section 15A-1.4(f) above shall be reviewed by the Township Engineer who may require additional testing or information.
h. Monies to cover all review expenses must be deposited in an escrow account prior to preliminary site plan approval in accordance with the requirements of N.J.S.A. 40:55D-53.1, et seq.

15A-1.5 Individual Well Testing
1. Any new well constructed in the Township must have an approved water supply yielding at least two (2) gallons per minute for the proposed dwelling size before a building permit can be issued.

Section 2. Should any section, paragraph, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid for any reason by any Court of competent jurisdiction, such provision(s) shall be deemed severable and the remaining portions of this Ordinance shall remain in full force and effect.

Section 3. All ordinances or parts of ordinances or resolutions that are inconsistent with the provisions of this Ordinance are repealed to the extent of such inconsistency.

Section 4. The Township Clerk is directed to give notice at least ten days prior to the hearing on the adoption of this ordinance to the County Planning Board and to all others entitled pursuant to the provisions of N.J.S.A. 40:55D-15. Upon the adoption of this ordinance, after public hearing, the Township Clerk is further directed to publish notice of the passage and to file a copy of this ordinance, as finally adopted, with the Sussex County Planning Board, as required by N.J.S.A. 40:55D-16.

Section 5. This ordinance shall take effect after publication and passage according to law.
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Parker Space, Mayor

ATTEST:
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James R. Doherty, Administrator Clerk

NOTICE
TAKE NOTICE that the above entitled ordinance was introduced at a regular meeting of the Mayor and Township Committee of the Township of Wantage, County of Sussex, New Jersey, held on July 21, 2005 and will be considered for final passage after public hearing at a regular meeting of the Mayor and Township Committee to be held on August 11, 2005 at 8:00 p.m. in the Municipal Building, Route 23, Wantage, New Jersey. During the preceding week, copies of the ordinance will be made available at the Clerk's office in the Municipal Building to members of the general public.
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James R. Doherty, Administrator Clerk