Hopewell Township City Zoning Code
ARTICLE VIII
ZONING - GENERAL PROVISIONS
[1]
Editor's Note: Former subsection 17-3.1a-j was renumbered as Article VIII, sections 17-138-17-147. Sources contained herein include Ordinance Nos. 528, 556-80, 580-81, 594-81, 686-85, § 15, 698-86, 723-86, §§ 12, 13, 743-87, § 1, 91-904, § 2, 93-962, § 1.
§ 17-138 ZONING DISTRICTS.
[Ord. No. #2018-1679, adopted January 29, 2018; Ord. #02-1268; Ord. #03-1295, § 1; Ord. #04-1326, § 1; Ord. #05-1359, § II; Ord. #05-1360, § I; Ord. #05-1361, § II; Ord. #09-1484; Ord. No. 2016-1645; Ord. No. 2017-1666; Ord. No. 2017-1669; Ord. No. 2017-1671; Ord. No. 2017-1672; Ord. No. 2018-1679; Ord. No. 2018-1687]
a.
Map Adopted. The township is divided into zoning districts as shown on the official zoning map, which has been adopted as part of this chapter.[1]
[1]
Editor's Note: The zoning map referred to herein is included as an attachment to this chapter as Appendix B. Historic Landmarks are designated in Subsection 17-244.4
b.
Map Amendments.[2]
1.
This zoning map was amended to indicate an extension of the HBO-G District in October 1991.
2.
This zoning map was amended January 1995 to provide for the extension of the R-5 District.
3.
This zoning map was amended October 17, 1996 (Ord. #96-1049) to enlarge the R-100 District to abut Route 31 in the area northwest of Pennington Borough.
4.
This zoning map was amended April 21, 1997 (Ord. #97-1068), extending the boundary of the HBO District to include all of Lot 6.09 in Block 32.
5.
This zoning map was amended August 4, 1997 (Ord. #97-1073), so as to include Lot 6 in Block 85 within the C-1-G District.
6.
This zoning map was amended November 3, 1997 (Ord. #97-1084), to indicate an extension of the HBO-G District October 1991 and further amended to add a new R-6 District in October 1997.
7.
This zoning map was amended 12-1-1997 (Ord. #97-1089) so that "SC" District is hereby extended to include Lot 8, Block 66.
8.
This zoning map was amended 7-6-2000 (Ord. #00-1154) to substitute the MC-Mountain Conservation District for the R-250 District, to substitute the VA- Valley Agricultural District for the R-200 and R-200-G Districts and the OP Office Park District for the IOP and IOP-G Districts.
9.
The zoning map was amended 9-20-2001 (Ord. #01-1206) to redesignate each and every R-250 District to the MC-Mountain Conservation District and redesignate each and every R-200 and R-200-G District to the VA-Valley Agriculture District.
10.
The zoning map was amended 9-20-2001 (Ord. #01-1207) as follows:[3]
(a)
The OP-Office Park Zoning District is hereby established in the Township of Hopewell.
(b)
The official zoning map of the Township of Hopewell is hereby amended in order to delete those properties identified on the attached Schedule A-1 from the IOP Zoning District and to include said properties in the SC Zoning District.
(c)
The official zoning map of the Township of Hopewell is hereby further amended in order to delete those properties identified on the attached Schedule A-2 from the IOP-G Zoning District and to include said properties in the OP Zoning District.
(d)
The official zoning map of the Township of Hopewell is hereby further amended in order to delete those properties identified on the attached Schedule A-3 from the IOP-G Zoning District and to include said properties in the VA Zoning District.
(e)
The official zoning map of the Township of Hopewell is hereby further amended in order to delete those properties identified on the attached Schedule A-4 from the IOP Zoning District and to include said properties in the VA Zoning District.
(f)
The official zoning map of the Township of Hopewell is hereby further amended in order to delete those properties identified on the attached Schedule A-5 from the IOP Zoning District and to include said properties in the VA Zoning District.
(g)
The official zoning map of the Township of Hopewell is hereby further amended in order to delete those properties identified on the attached Schedule A-6 from the HBO Zoning District and to include said properties in the VA Zoning District.
[3]
Editor's Note: The schedules referred to herein are included as attachments to this chapter in Appendix C.
11.
The zoning map was amended 9-20-2001 (Ord. #01-1208) as follows:
(a)
The official zoning map of the Township of Hopewell is hereby amended in order to delete those properties identified on the attached Schedule B-1 from the IOP-G Zoning District and to include said properties in the SI Zoning District.
(b)
The official zoning map of the Township of Hopewell is hereby further amended in order to delete those properties identified on the attached Schedule B-2 from the SI-G Zoning District and to include said properties in the SI Zoning District.
12.
The official zoning map of the Township of Hopewell was amended December 19, 2002.
13.
The official zoning map of the Township of Hopewell is hereby clarified to delete thereon any designation of the proposed Traditional Neighborhood District (TND).
14.
The Official Zoning Map of the Township of Hopewell is hereby amended in order to delete those properties identified on the attached Schedule "A-7"1 from the "VRC" Zoning District and to include said properties in the "OP" Zoning District.
15.
The zoning map was amended 11-14-2005 (Ord. #05-1359) to designate the new OLI District as depicted on the attached map amendment.
16.
The zoning map was amended 11-14-2005 (Ord. #05-1360) to add a part of Lot 19, Block 49 to the C-1, Neighborhood Retail Commercial District, as depicted on the attached zoning map amendment.
17.
The zoning map was amended 11-14-2005 (Ord. #05-1361) to designate the new VRC-HLI District as depicted on the attached map amendment.
18.
Zoning Map Amendment, Extension of R-5 District, January, 1995, was adopted 11-23-2009 (Ord. #09-1484) thereby revising the zoning map of the Township of Hopewell so as to include the property known as Lot 10.04, Block 78, in the R-5 Zoning District.
19.
The official zoning map of the Township of Hopewell was amended on November 14, 2016 (Ord. No. 2016-1645) to designate Block 33, Lots 1.021 and 1.022 as the Pennytown Redevelopment Area pursuant to N.J.S.A. 40A:12A-7.c.
20.
The official zoning map of the Township of Hopewell was amended on October 23, 2017 to designate Block 78.09, Lot 21 as the Woodmont Redevelopment Area pursuant to N.J.S.A. 40A:12A-7.c.
21.
The official zoning map of the Township of Hopewell was amended on November 27, 2017 to designate Block 78, Lot 17 within the Inclusionary Multi-Family - 1 Zone (IMF-1).
22.
The official zoning map of the Township of Hopewell was amended on November 27, 2017 to designate Block 85, Lots 3, 4, 5.01, 7 and 24 known as the Zaitz Redevelopment Area pursuant to N.J.S.A. 40A:12A-7.c.
23.
CF Hopewell Redevelopment Area.
(a)
The official zoning map of the Township of Hopewell was amended on November 27, 2017 to designate Block 91, Lots 3.11, 3.14, 3.161, 3.181, 3.191, 3.22, 3.95 and 3.961 and Block 93, Lots 3.01, 5.01 and 6.01 known as the CF Hopewell Redevelopment Area pursuant to N.J.S.A. 40A:12A-7.c.
(b)
The official zoning map of the Township of Hopewell was amended on January 29, 2018 (such date being the date of the final passage of this Ordinance No. 2018-1679) to designate Block 91, Lots 3.11, 3.14, 3.161, 3.181, 3.191, 3.22, 3.95 and 3.961 and Block 93, Lots 3.01, 5.01 5.02 and 6.01 known as the CF Hopewell Redevelopment Area pursuant to N.J.S.A. 40A:12A-7.c.
24.
The official zoning map of the Township of Hopewell was amended on March 26, 2018 (such date being the date of the final passage of this Ordinance #18-1687) to designate Block 85, Lot 30 and Block 86, Lots 32, 33, 34 and 130 in the Zaitz Redevelopment Area pursuant to N.J.S.A. 40A:12A-7.c.
[2]
Editor's Note: The map amendments referred to herein are included as an attachment to this chapter in Appendix C.
§ 17-139 ZONING DISTRICT BOUNDARIES.
Zoning district lines are intended to follow street centerlines, streams, and lot lines unless specific dimensions are indicated. Dimensions are in feet, measured horizontally and measured from the nearer street right-of-way line (even if the centerline of that street serves as a zoning district line). The location of any disputed zoning district line shall be determined by the board of adjustment. Where a street serves as a zoning district line and it is lawfully vacated, the former centerline shall be considered the zoning district line.
§ 17-140 INTERPRETATION OF ZONING REQUIREMENTS.
In their interpretation and application, the provisions of this chapter shall be construed to set forth the minimum requirements which will, in accordance with present and future needs, best promote the health, safety, morals, order, convenience, prosperity and general welfare, as well as efficiency and economy in the process of development and the maintenance of property values previously established. It is not the intent of this chapter to change or annul any existing or future easements, reverters, or other restrictive covenants affecting the use or design of land or structures within the township; provided, however, that where this chapter imposes a greater restriction upon the use or design of land or structures, or requires larger yards, courts, or open spaces than are required in such covenants, the provisions of this chapter shall apply. In the event of conflict among provisions of this chapter, the specific provisions shall take precedence over the general provisions and, in any event, the most restrictive of conflicting provisions shall apply.
§ 17-141 APPLICATION OF ZONING REQUIREMENTS.
No structure shall hereafter be erected, constructed or used and no existing structure shall be reconstructed, altered, repaired, converted, moved or used, nor shall any land be occupied or used, nor shall any open space contiguous to any structure, be encroached upon or reduced, except in conformity with the regulations established by this chapter for the district in which such structure, land or open space is located.
§ 17-142 PROHIBITED USES.
[Amended 8-16-2021 by Ord. No. 21-1758]
a.
All principal uses which are not expressly permitted by the terms of this chapter are prohibited, except as provided in § 17-143.
b.
For the purposes of P.L. 2021, c. 16 (New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act),[1] cannabis wholesalers and distributors, as said terms are defined in Section 3 of P.L. 2021, c. 16,[2] shall be prohibited uses in all zones in the municipality.
[Amended 9-13-2021 by Ord. No. 21-1760; 4-18-2022 by Ord. No. 22-1770]
[1]
Editor's Note: Editor’s Note : See N.J.S.A. 24:6I-31 et seq.
[2]
Editor's Note: See N.J.S.A. 24:6I-33.
§ 17-143 NONCONFORMING USE OF STRUCTURES AND LOTS.
All uses structures and lots legally in existence January 1, 1979 may be continued even though they do not conform to the applicable requirements of this chapter. Any nonconforming structure may be restored or repaired in the event of partial destruction. No nonconforming use shall be enlarged in extent or changed in character to other than a conforming use and no nonconforming structure shall be reconstructed, altered, converted or added to, so as to enlarge the nature or degree of nonconformity. Construction of any structure on a vacant lot which is not in compliance with the standards set by the present ordinance shall be deemed to constitute an enlargement of the nature or degree of nonconformity and is not allowed under this article unless in accordance with paragraph d.
a.
Abandonment. Whenever a nonconforming use is terminated or abandoned, it may not be resumed. If a nonconforming use is not actively pursued for a period exceeding one year, it shall be conclusively presumed to have been abandoned. Whenever a nonconforming structure is abandoned, it may not be repaired, reconstructed, altered, converted or used thereafter except in compliance with this chapter. If a nonconforming structure is partially destroyed by fire or other casualty, and remains unrepaired or unused for a period exceeding one year, it shall be conclusively presumed to have been abandoned.
b.
Merger of Existing Contiguous Nonconforming Lots. Any two or more contiguous lots of record which are in the same ownership on January 1, 1979 and which do not conform to the provisions of this chapter, or to any amendments hereof, shall be deemed to be merged into a single undivided parcel.
c.
Zoning Changes. If any changes to zoning requirements render any use, structure or lot nonconforming, the provisions of this section 17-143 shall apply to such nonconformity.
d.
Subdivision, Site Plans and Building Permits Previously Approved and Issued. Section 17-143 shall not be applicable to any subdivision or site plan which was duly approved prior to its enactment, during those periods provided for by section 17-21 and/or section 17-43. Also this section 17-143 shall not be applicable to any construction covered by a building permit which was duly issued prior to the enactment of such section for a period of one year following such enactment or the period for which the building permit or renewal thereof remains in effect.
e.
Enlargement of Nonconforming Residential Structures in Residential Zones.
1.
Any single family dwelling may be enlarged, even though the structure may be on a nonconforming lot, or the existing structure on the lot may have one or more dimensional violations. Such enlargement shall be permitted without an appeal to the approving authority provided:
(a)
Such enlargement, extension or increase by itself conforms with the use requirements of the zoning ordinance and does not increase the nonconformity of the existing dimensional setback violations; and
(b)
The area of such enlargement, extension or increase when aggregated with the area of the existing building, does not exceed the maximum lot coverage standard permitted in that zone.
2.
No accessory building may be added to a nonconforming building except that, in residential zones, an accessory building may be added to a nonconforming single family dwelling or a single family dwelling on a nonconforming lot provided that:
(a)
The accessory building, by itself, conforms with all requirements of this chapter; and
(b)
The area of such accessory building, when aggregated with the area of the principal building does not exceed the maximum lot coverage standard permitted in the zone.
§ 17-144 ACCESSORY BUILDINGS.
Any accessory building attached to a principal building is part of the principal building and shall adhere to the yard requirements for the principal building. Unless otherwise specified in Article IX, detached residential accessory buildings shall be permitted only in side and rear yards and shall have side yard and rear yard setback requirements equivalent to one-half those required for principal buildings.
§ 17-145 CONVERSION OF SINGLE FAMILY TO TWO-FAMILY OCCUPANCY.
A single family dwelling in existence in any residential district on January 1, 1979 may be converted into and used as a two-family dwelling provided that:
a.
The legal and beneficial owner or owners of all of the interest in the premises actually reside there, as their principal residence;
b.
The required off-street parking is provided;
c.
The construction official determines that each dwelling unit contains sufficient space for all proposed occupants.
d.
The department of health determines that the well is capable of providing adequate potable water supply for all residents;
e.
The department of health determines that the septic system or other sewage disposal facilities are adequate for all proposed residents;
f.
The owners of the structure file appropriate forms and certificates with the township administrator and obtain township approval (based on compliance with the provisions of this chapter) prior to the conversion;
g.
Two-family occupancy is authorized for one year following township approval of the conversion; authorization may then be obtained annually, upon filing of appropriate forms and certificates and township approval issued by the township administrator (based upon continuing compliance with the provisions of this chapter).
§ 17-146 SETBACKS IN EXCESS OF SPECIFIED REQUIREMENTS.
Whenever a pattern of existing building setbacks or front yards is established, on the same side of a street, which is larger than the front yard requirement by this chapter, no new building shall be constructed closer to the street than the established pattern. As proof of a pattern of setbacks there must be located at least five buildings in a 1,000 foot row. Proof of the existence of such a pattern and compliance with this requirement is the responsibility of the applicant.
§ 17-147 FARMS AND AGRICULTURAL USES.
[Ord. #93-962, § 1]
Farms and other agricultural uses are permitted as principal uses in all districts. Barns, silos, tool sheds, fences, walls and other facilities which are customary for agricultural pursuits are permitted as accessory uses. Fences permitted herein may be up to eight feet in height where such fences enclose or protect actively farmed areas. Such fences must conform to the sight line requirements of section 17-105 (sight triangles) and section 17-83d (driveways). One horse may be kept or raised only on a lot of three acres or larger, and for each additional horse, one additional acre shall be required. These regulations apply only to lots under 10 acres. Cattle, sheep and other livestock may be kept or raised only on lots of five acres or larger. Paddock holding or feeding lots, animals shelters, barns or pens shall not be closer than 100 feet of any adjacent property line in any residential district.
§ 17-148 COMMUNICATIONS AND WIRELESS TELECOMMUNICATIONS TOWERS, ANTENNAS, FACILITIES AND EQUIPMENT.
[Ord. #00-1162, § 1; Ord. #07-1417, § I]
a.
Purpose. The purpose of this section is to provide sound land use policies, procedures, and regulations for the location and placement of communications and wireless telecommunications, towers, antennas, facilities and equipment within the Township of Hopewell in order to protect the community from the visual and other adverse impacts of same and to preserve the scenic and historic character of the countryside that the Hopewell Township Master Plan seeks to protect. This section seeks to meet the mandate of the Telecommunications Act of 1996, and at the same time, without limiting the generality of the foregoing, to:
1.
Protect residential areas and land uses from the potential adverse impacts of towers and related structures;
2.
Encourage the location of towers in nonresidential areas and along major transportation corridors;
3.
Minimize the total number of towers throughout the community;
4.
Strongly encourage the joint use of new and existing tower sites, and other existing structures, as primary options rather than construction of additional single-use towers;
5.
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
6.
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape, screening and innovative camouflaging techniques;
7.
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;
8.
Consider the public health and safety of communications towers; and,
9.
Avoid potential damage to adjacent properties from tower failure through proper engineering and careful siting of tower structures.
10.
So that the township committee can be provided with the most up to date information regarding communication towers and antennas, the township committee requests the zoning board of adjustment and the planning board to provide it with annual reports regarding the operation of this section.
b.
General Requirements.
1.
Communications Towers. Communications towers, including, but not limited to, broadcast facilities, fleet dispatch, aircraft communication, and cellular communications shall be permitted as a conditional use in any nonresidential zone district. No communications towers shall be permitted in any residential zone district.
(a)
The following conditions shall be met for any communications tower:
(1)
The applicant shall first demonstrate that no other existing tower or structure may be used for the subject application. Such demonstration may include but not be limited to expert reports and responses to bona fide inquiries to owners of existing towers or structures concerning the availability of space.
(2)
The maximum height of the communications tower shall be 150 feet.
(3)
The communications tower shall be set back from any property line a minimum distance equivalent to either the minimum front yard setback required in the zoning district in which the tower is located or 110% of the height of the tower, whichever is greater.
(4)
The minimum lot size shall be equivalent to either the minimum lot size required in the zoning district in which the tower is located or 2.5 acres, whichever is greater.
(5)
Any communications tower shall comply with the promulgated radiation emissions standards of the F.C.C.
(6)
Notwithstanding any other provision to the contrary, no communications tower shall be located in an historic district or on an historic site, not located in an historic district, which meets Federal, State or local requirements for historic designation.
(b)
Any communications tower that meets the conditional use standards set forth above shall also conform to the following bulk standards:
(1)
The communications tower shall be set back from any residence a minimum of 500 feet.
(2)
To the extent feasible, communications towers shall be painted or disguised to minimize contrast with the natural environment.
(3)
Accessory structures or buildings for equipment not exceeding 300 square feet in area and 12 feet in height shall be permitted.
(4)
The communications tower and any accessory structures or buildings for equipment shall be enclosed within a solid wooden fence at least seven feet and no more than eight feet high, as approved by the township engineer, which shall include a locking security gate.
(5)
A visually impervious landscape buffer shall be installed outside the fence around the communications equipment compound, to shield completely from public view, the base of the tower, any accessory structures or buildings and parking. The landscape buffer shall be 20 feet in width and shall include native evergreen and deciduous trees at least eight feet high at the time of planting, and the number of trees shall be based on the equivalent of staggered double rows at eight feet on center.
(6)
Any approval shall be so conditioned as to allow additional communications operators to lease space on the subject tower.
(7)
All other applicable regulations of this section shall apply.
(c)
The communications towers and any accessory structures or buildings are considered as a principal use. The parcel may have this use as a second principal use.
2.
Wireless Telecommunications Antenna.
(a)
Wireless telecommunications antenna is defined as a system of electrical conductors that transmit or receive radio frequency signals, digital signals, analog signals, or electromagnetic waves for wireless communications.
(b)
Notwithstanding anything in this Chapter 17 to the contrary, wireless telecommunications antennas installed on existing buildings or structures, and structures accessory to the antennas, are considered to be a permitted use in any zone, subject to site plan approval and the requirements set forth herein.
(c)
The applicant shall site new wireless antennas or equipment within the applicant's search area according to the priority schedule below (Number 1 constituting the highest priority). As indicated below, every effort shall be made to locate new antennas in a nonresidential zone, and the applicant shall demonstrate that such a location is not available before approval is granted for antennas in a residential zone.
Priority | Category | Equipment | Location | Permitted (P) |
|---|---|---|---|---|
1 | Commercial1 Transportation2 | Antenna | Collocated with other antennas on existing structure or tower within a transportation corridor | P |
2 | Commercial1 Transportation2 | Antenna | Existing structure or tower within a transportation corridor | P |
3 | Commercial1 | Antenna | Collocated with other antennas on existing structures or towers | P |
4 | Commercial1 | Antenna | Existing structure or tower | P |
5 | Residential3 Transportation2 | Antenna | Collocated with other antennas on existing structures or tower with a transportation corridor | P |
6 | Residential3 Transportation2 | Antenna | Existing structure or tower | P |
7 | Residential3 | Antenna | Collocated with other antenna on existing structure or tower | P |
8 | Residential3 | Antenna | Existing structure or tower | P |
1"Commercial" includes the VRC-HLI, C-1, SC, SC-1, HBO, OICC, SI, OP, OLI, IC, RO-1, RO-2, RO-3, R-6 and Q zones |
2"Transportation" means the lot has frontage on Route 31, Route 29 or 1-95 |
3"Residential" includes the R-5, R-50, R-75, R-100, R-150, VRC and MRC zones |
(d)
Wireless telecommunications antennas shall not extend more than 10 feet from the existing building or structure on which they are located.
(e)
Structures accessory to the antennas shall conform to the following requirements.
(1)
The maximum size of the accessory structure shall be 300 square feet, and the height shall not exceed 12 feet.
(2)
The accessory structure shall not extend more than 15 feet from the existing building or structure.
(3)
The accessory structure shall meet the setback requirements of the zoning district in which it is located.
(4)
Adequate parking shall be available.
(5)
The accessory structure shall be enclosed within a solid wooden fence at least seven feet and no more than eight feet high, as approved by the township engineer, which shall include a locking security gate.
(6)
A visually impervious landscape buffer shall be installed outside the fence around the accessory structure, to shield completely the facility from public view. The landscape buffer shall be 20 feet in width and shall include native evergreen and deciduous trees at least eight feet high at the time of planting, and the number of trees shall be based on the equivalent of staggered double rows at eight feet on center.
(7)
Notwithstanding any other provision to the contrary, no wireless telecommunications antennas or their accessory structures shall be located in an historic district or on an historic site, not located in an historic district, which meets Federal, State or local requirements for historic designation.
(8)
The wireless telecommunications antennas and their accessory structures are considered as a principal use. The parcel may have this use as a second principal use.
(9)
Any communications antenna shall comply with the promulgated radiation emission standards of the F.C.C.
(f)
Platform-mounted or side-arm-mounted antennas are not permitted.
(g)
Aesthetics. Antennas shall be designed, located and screened to blend with and into the existing natural or built surroundings so as to minimize, without regard to cost, adverse visual impacts through the use of color and camouflaging, architectural treatment, landscaping, and other appropriate means which shall cause the visual impact of such antennas to be compatible with neighboring residences and the character of the community as a whole.
(h)
Structural safety. The applicant shall submit a report from a qualified expert certifying that the wireless telecommunications antenna and equipment facility comply with the latest structural and wind-loading requirements as established by applicable building and electrical codes. The applicant shall provide a description of the number and type of antennas that may be accommodated and the effect on structural integrity.
§ 17-149 WATER SUPPLY AND ANALYSIS REQUIREMENTS.
[Ord. #03-1298, § 5]
a.
Purpose and Intent. The purpose and intent of this section is to ensure that residential development of two new lots or more and all site plan applications demonstrate that adequate water supply is available without adverse effect on neighboring wells and other resources including but not limited to wetlands and streams.
b.
Applicability.
1.
The provisions of this section are applicable to all residential subdivision applications of two new lots or more and all site plan applications. These applications must also satisfy the requirements of Chapter 16, section 16-6.
2.
Residential subdivisions of one new lot and wells installed for nonessential use must satisfy the requirements of Chapter 16, section 16-6 of the Hopewell Township Code. A tract of land exempt from these provisions because it creates only one new lot shall be entitled to this exemption only once. Uses defined as nonessential and wells defined as nonessential wells are required to satisfy the testing and analysis requirements of Chapter 16, section 16-6.
3.
In the event that the municipal agency waives the requirements of this section, then the provisions of Chapter 16 are applicable.
c.
Prohibition. Based on the limited groundwater resources within Hopewell Township as outlined in M2 Associates March 2, 2001 report entitled "Evaluation of Groundwater Resources of Hopewell Township, Mercer County, New Jersey", no wells shall be permitted to be connected to a permanent irrigation system except if that system is used entirely for commercial agricultural purposes. In addition, no wells can be used for the filling of swimming pools.
d.
Definitions.
ABANDONED WELL
Shall mean 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 water 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
Shall mean the permanent closure or sealing of a well in accordance with N.J.A.C. 7:9D-3 et seq.
ALTER
Shall mean to enlarge, deepen or replace any portion of an existing water supply system. The terms "alteration" and "altered" shall be construed accordingly.
APPLICANT
Shall mean a developer or property owner submitting an application for development or permit to install or use a well.
APPLICATION FOR DEVELOPMENT
Shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, 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
Shall mean the application form and all accompanying documentation required by the township for approval to locate, construct or alter a water supply in accordance with subsection 16-6.5 of Chapter 16 and as authorized by N.J.A.C. 7:10-12.40.
AQUICLUDE
Shall mean a low-permeability unit that forms either the upper or lower boundary of a groundwater flow system.
AQUIFER
Shall mean rock or sediment in a formation, group of formations, or part of a formation which is saturated and sufficiently permeable to transmit economic quantities of water to wells and springs.
AQUIFER TEST
Shall mean a three-part test conducted to obtain background, pumping, and recovery data from a pumping well and observation wells in order to determine aquifer characteristics and assess potential well interference.
AQUIFER, CONFINED
Shall mean an aquifer that is overlain by a confining bed. The confining bed has a significantly lower hydraulic conductivity than the aquifer.
AQUIFER, PERCHED
Shall mean a region in the unsaturated zone where the soil may be locally saturated because it overlies a low-permeability unit.
AQUIFER, SEMI-CONFINED
Shall mean an aquifer confined by a low-permeability layer that permits water to slowly migrate through to the aquifer. Also termed leaky artesian or leaky confined aquifer.
AQUIFER, UNCONFINED
Shall mean 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
Shall mean a low-permeability unit that can store groundwater and also transmit water slowly from one aquifer to another.
BARRIER BOUNDARY
Shall mean an aquifer-system boundary represented by a rock mass that is not a source of water.
BUILDING LOT
Shall mean a designated parcel, tract or area of land established by plat or otherwise permitted by law, to be used, developed or built upon as a unit and for which the water supply is obtained from a private on-site well.
COMMUNITY WATER SUPPLY SYSTEM
Shall mean 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
Shall mean the area around a pumping well in which the head in the aquifer has been lowered.
CONFINING BED
Shall mean a body of material of low hydraulic conductivity that is stratigraphically adjacent to one or more aquifers.
DEVELOPER
Shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DRAWDOWN
Shall mean the lowering of the water table of an unconfined aquifer or the potentiometric surface of a confined aquifer caused by pumping of groundwater from wells. Drawdown is determined by subtracting the depth to water from the static water level determined prior to the start of pumping.
FRACTURE TRACE
Shall mean the surface representation of a fracture zone.
GROUNDWATER
Shall mean water in the saturated zone that is under a pressure equal to or greater than atmospheric pressure.
GROUNDWATER MINING
Shall mean the practice of withdrawing groundwater at rates in excess of natural recharge.
HEAD
Shall mean the height above a datum plane of a column of water. In a groundwater system, it is composed of elevation head and pressure head.
HYDRAULIC CONDUCTIVITY
Shall mean the capacity of a rock 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
Shall mean change in head per unit of distance measured in the direction of the steepest change.
HYDROGEOLOGY
Shall mean the study of the interrelationships of geologic materials and process with water, especially groundwater.
INFILTRATION
Shall mean the flow of water downward from the land surface into and through the upper soil layers.
INTERFLOW
Shall mean the lateral movement of water in the unsaturated zone during and immediately after a precipitation event. Water moving as interflow discharges directly into a surface-water body.
IRRIGATION SYSTEM
Shall mean equipment including but not limited to pumps, piping, and sprinkler heads used to distribute water to grasses, landscape materials, and other vegetation.
LOCAL AGENCY
Shall mean the board of health, which is the municipal agency responsible for review and approval of an application for well operation.
LOCAL ENFORCEMENT OFFICER
Shall mean the township health officer or other technical representative of the township as may be designated by the Hopewell Township Board of Health.
NJDEP
Shall mean the New Jersey Department of Environmental Protection.
OBSERVATION WELL
Shall mean 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. Also known as monitoring well.
POROSITY
Shall mean the voids or openings in a rock. Porosity may be expressed quantitatively as the ratio of the volume of openings in a rock to the total volume of the rock.
POROSITY, PRIMARY
Shall mean the porosity that represents the original pore openings when a rock or sediment formed.
POROSITY, SECONDARY
Shall mean the porosity that has been caused by fractures or weathering in a rock or sediment after it has been formed.
PUMPING TEST
Shall mean a test made by pumping a well for a period of time and observing the change in hydraulic head in the aquifer.
PUMPING TEST, CONSTANT RATE
Shall mean a pumping test during which the discharge rate from the pumping well is maintained at a constant rate for the duration of the test.
RECHARGE AREA
Shall mean an area in which there are downward components of head in an aquifer. Infiltration moves downward to deeper parts of an aquifer in a recharge area.
RECHARGE BOUNDARY
Shall mean an aquifer system boundary that adds water to the aquifer such as a stream or lake.
RECHARGE, AQUIFER
Shall mean the volume of water that infiltrates to an aquifer.
RECHARGE, GROUNDWATER
Shall mean the volume of water that infiltrates to a saturated zone.
RECOVERY
Shall mean the rate at which the water level in a well rises after the pump has been shut off. Recovery is the inverse of drawdown.
SATURATED ZONE
Shall mean 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.
SPECIFIC CAPACITY
Shall mean an expression of the productivity of a well, obtained by dividing the pumping rate by the drawdown level. Should be described on the basis of the number of hours pumping prior to measurement of drawdown. Value will generally decrease with increased time of pumping.
STATIC WATER LEVEL
Shall mean the depth to water in the well prior to the commencement of pumping.
STORAGE COEFFICIENT
Shall mean the volume of water an aquifer releases from 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.
TRANSMISSIVITY
Shall mean the rate at which water of a prevailing density and viscosity is transmitted through a unit width of an aquifer or confining bed under a unit hydraulic gradient. Transmissivity equals hydraulic conductivity times aquifer thickness.
UNSATURATED ZONE
Shall mean the zone between ground surface and the water table. Pore spaces in the unsaturated zone contain water at pressures less than atmospheric.
WATER TABLE
Shall mean the surface in an unconfined aquifer or confining bed at which the pore water pressure is atmospheric.
WELL INTERFERENCE
Shall mean 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 drawdowns due to each individual well.
e.
Aquifer Test and Analysis.
1.
The testing procedures for a subdivision of two or more new lots and all site plans shall be based on a hydrogeologic analysis and a minimum of one aquifer test. The hydrogeologic analysis shall include the review of available information including but not limited to published maps and reports depicting Hopewell Township and surrounding municipalities, stereo pairs of aerial photographs, New Jersey Geological Survey (NJGS) Geology of the Groundwater Resources of Mercer County Geologic Report Series No. 7 and the M2 Associates report entitled "Evaluation of Groundwater Resources of Hopewell Township, Mercer County, New Jersey". In addition, the hydrogeologic analysis will include the design, execution and analysis of 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 and complying with the requirements of section 17-149 of this Article shall be prepared and submitted. Prior to conducting any aquifer test, a preliminary hydrogeologic evaluation and the design of the aquifer test(s) shall be submitted for review and approval by the township planning board or Board of Adjustment hereinafter referred to as board.
2.
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 the cone of depression and aquifer parameters, and predict the effect of long term pumping on existing and future wells.
f.
Aquifer Test and Analysis Submission Requirements.
1.
Submission Requirements.
(a)
Aquifer Test Plan.
(b)
Property Owner Notification.
(c)
Hydrogeologic Report.
2.
Aquifer Test Plan.
(a)
Prior to conducting an aquifer test, the applicant shall submit the design of such aquifer test and qualifications of the persons and firm who will be performing the test, to the board.
(b)
The design of the aquifer test shall be developed using the 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 will be conducted in three phases: the background phase, the pumping phase, and the recovery phase.
(1)
The first phase will involve the collection of background water levels prior to the start of the test. The second phase will involve the pumping of water from the well and the monitoring of water level drawdown in the observation and pumping wells. The third phase will involve the recovery of water levels in the observation and pumping wells after the pump has been shut down. This third phase of the test should be, at a minimum, the same length as the pumping phase.
(2)
The aquifer test (all three phases) shall not be conducted during a precipitation event or events in which total precipitation exceeds or equals 0.5 inches. Precipitation must be recorded with a National Weather Service acceptable rain gauge on site during all phases of testing and measurements for each day must be included in the hydrogeologic report. If precipitation occurs during the test, the applicant should provide precipitation amounts and sufficient data to show that the precipitation did not recharge the aquifer during the test and adversely impact the testing results. If precipitation amounts exceeding 0.5 inches are recorded, the test must be repeated.
(3)
The pump must be installed in the pumping well at least 48 hours prior to the start of the background phase.
(4)
Prior to starting the background phase, water levels in the test well and observation wells must be permitted to stabilize for a minimum of three days after all drilling activities are complete.
(5)
During the background phase, water levels should be collected at a minimum once per hour for the twenty-four-hour period prior to the start of pumping. It is the applicant's responsibility to collect sufficient data to determine background conditions and to ensure that antecedent influences can be fully characterized. Barometer measurements and additional water level measurements can be made by the applicant to evaluate the change in water levels resulting from barometric pressure changes and/or influences from off-site pumping.
(6)
On the day of the pumping phase, water levels shall be collected from all wells to determine static water levels prior to the start of pumping. Water levels in wells on neighboring properties should be allowed to stabilize at or near static water level prior to the start of pumping. For any observation well which has been pumped within the 24 hours preceding the test, two depth to water measurements at least one hour apart shall be collected to show that the well has fully recovered prior to the start of pumping.
(7)
When the pump is started the flow rate shall be adjusted immediately to a uniform pumping rate as required for a constant-rate test and in accordance with the approved aquifer test plan. The flow rate shall not vary more than 10% throughout the test. If the flow rate fluctuates more than 10%, the test may be deemed invalid and the applicant required to repeat the notification and testing process.
(8)
Water level measurements during the pumping phase of the test shall be collected in accordance with Table 1. This same schedule shall be followed for the recovery phase of testing upon shutdown of the pump in the test well.
Table 1: Minimum Frequency of Water Level Measurements in Wells During Pumping and Recovery Phases of Aquifer Test | ||
|---|---|---|
Time Since Pumping Began or Stopped | Test Well | Observation Wells |
0 to 5 minutes | 0.5 minutes | 0.5 minutes |
5 to 10 minutes | 1 minute | 1 minute |
10 to 30 minutes | 2 minutes | 2 minutes |
30 to 60 minutes | 5 minutes | 5 minutes |
60 to 120 minutes | 10 minutes | 10 minutes |
2 to 24 hours | 30 minutes | 30 minutes |
(d)
Rate and Duration. The rate and duration of the aquifer test will depend upon the size of the proposed development and expected average and peak daily demands for water.
(1)
The average daily and average yearly water demand for human consumption within the subdivision or site plan must be determined according to the guidelines in N.J.A.C. 7:10-12.6. Demand calculations must include irrigation systems if proposed and water usage for filling of swimming pools and all other demands. Demand is to be determined based on N.J.A.C. 7:10-12.6. The peak-day demand is twice the average daily demand. For nonresidential developments, peak-day demand must include seasonal factors.
(2)
The pumping phase will be equal to the greater time duration of the following: i) the volume of water removed from the aquifer is equal to the peak-day demand; or ii) eight hours.
(3)
The pumping phase must simulate peak-day demand and therefore, the pumping phase duration is not to extend more than 24 hours. The minimum pumping rate is calculated by dividing the peak-day demand by 1,440 minutes per twenty-four-hour period.
(4)
If the demand exceeds 100,000 gallons per day, a New Jersey Water Allocation Permit must be obtained from the New Jersey Department of Environmental Protection.
(5)
For mixed developments containing both residential and nonresidential properties, each portion will be tested separately. Wells installed for the residential portion must be used as observation wells for the nonresidential testing and wells installed for nonresidential use must be used as observation wells for the residential testing.
(6)
The pumping rate will be determined by equipping the discharge pipe with an orifice/manometer apparatus and calibrated flow meter to instantaneously measure flow rate and determine total volume pumped from the well.
(7)
The discharge shall be directed so that it leaves the site without infiltrating to the aquifer. Any and all permits required by the NJDEP for the discharge of water must be obtained prior to starting the test.
(e)
Location. The aquifer test shall be conducted at a location most representative of site geologic conditions.
(1)
For residential subdivisions and site plans, biasing of testing toward areas of increased fracture density may result in the township requiring additional testing in areas of lower fracture density to ensure that adequate yield is available throughout the proposed subdivision.
(2)
If the proposed site is underlain by two or more geologic formations, then an aquifer test will be required for each portion of the site underlain by each formation. The test requirements for each formation will depend on the number of lots and size of units per formation.
(3)
In the event that the preliminary hydrogeologic evaluation indicates that a surface-water and/or groundwater divide separates the subdivision, an aquifer test will be required for each side of the divide.
(f)
Observation Wells.
(1)
The number of observation wells required per aquifer test will depend on the number of dwelling units and/or commercial units. New and existing observation wells may be located such that they can be used as future water-supply wells but they shall be located in such a manner that will yield the most accurate information concerning the aquifer.
(2)
Observation wells should be completed to similar depths as the pumping well.
(3)
Observation wells must be located parallel and perpendicular to strike of the primary regional fractures and those intersected by the tested well. Additional observation wells should be located to evaluate potential secondary fractures and impacts to adjacent properties.
(4)
A fracture trace analysis showing the location and orientation of fractures beneath the site must be included with the aquifer test plan. This same analysis with additional information regarding septic system locations must be included in the hydrogeologic report. This fracture trace analysis must be used to identify all observation wells on the site and should be used to identify neighboring property owner wells to be monitored during the test.
(5)
All wells must be located in accordance with the minimum distances required by N.J.A.C. 7:10-12.12.
(6)
One observation well should be located within 200 feet but no more than 500 feet of the pumping well. If required, a second observation well must be within 1,000 feet of the pumping well.
(7)
For nonresidential developments with an expected average daily demand less than 800 gallons per day, one observation well is required. For residential subdivisions of two lots, on which one new single-family residence will be constructed, one observation well is required.
(8)
For residential developments of two new residential units or more, the number of observation wells shall be as shown in Table 2.
Table 2: Number of Observation Wells Required for Residential Subdivisions/Site Plans | |
|---|---|
No. of Proposed New Units | No. of Observation Wells |
2 to 5 | 3 (minimum of 1 new well within proposed development) |
6 to 25 | 3 (minimum of 2 new wells within proposed development) |
26 to 49 | 6 (minimum of 4 new wells within proposed development) |
50 or more | Test proposal submitted to Board and NJDEP for review and approval |
(9)
For nonresidential developments with anticipated daily demands exceeding 800 gallons per day, the number of observation wells shall be as shown in Table 3.
Table 3: Aquifer Test Requirements for Nonresidential Developments. | |
|---|---|
Average Demand (gallons per day) | No. of Observation Wells |
800 to 1,999 | 3 (minimum of 1 new well within proposed development) |
2,000 to 9,999 | 3 (minimum of 2 new wells within proposed development) |
10,000 to 99,999 | 6 (minimum of 2 new wells within proposed development) |
100,000 or more | Obtain NJDEP Water Allocation Permit |
(10)
The observation wells and pumping well must have a geologic log describing the depth and types of soils and rocks encountered and the depth and yields of all water-bearing fracture zones. Furthermore, the logs must include static water level measurements and total yield estimates for each well.
(g)
Water Quality Evaluation.
(1)
Groundwater samples must be collected during the pumping phase from the pumping well.
(2)
The samples must be collected in accordance with the NJDEP Field Procedures Manual.
(3)
At a minimum, the samples shall be analyzed by a NJDEP-certified laboratory for hardness, Gross Alpha Particle Activity, arsenic, iron, manganese, copper, lead, nitrate, and total and fecal coliform bacteria. 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.
(4)
Field measurements of pH, conductivity, and total dissolved solids shall be made with calibrated instruments.
(5)
If site conditions indicate potential historic use of pollutants such as heavy metals, pesticides, herbicides, or other volatile or semivolatile organic compounds at or near the site, these analyses must be conducted.
(6)
Based on past historical operations at the site or at nearby properties, the board, at its discretion, may require additional analyses of groundwater to assess potential future and current impacts.
(7)
The results of the water sample analyses will be used to assess background water quality.
(h)
Property Owner Notification.
(1)
Notice.
(i)
Owners of existing wells on lots located within 500 feet of the subdivision/site plan boundary shall be given an opportunity to have their wells monitored during the aquifer test.
(ii)
Such opportunity shall be given by the applicant by notice via certified mail and shall give the time and place of the aquifer test.
(iii)
A notice acceptable to Hopewell Township is included in Appendix A.[1] This notice may be modified with approval of the township attorney and the local enforcement officer. If the application is pending before a board, the board with jurisdiction must also approve the change.
[1]
Editor's Note: Appendix A, referred to herein, is included as an attachment to this chapter.
(iv)
The notice shall indicate that such existing well may be monitored if agreed to by the well owner provided the well is readily accessible. Such notice shall indicate that the existing well owner must respond within seven days and the applicant's responsibility is to monitor up to three wells on properties within 500 feet of the subdivision boundaries.
(v)
The applicant shall provide a certificate of insurance for itself and all contractors utilized and pay all costs associated with the monitoring of any existing residential well.
(vi)
Prior to monitoring, all buried wells must be raised to a minimum of 12 inches above grade to allow access and retrofitted with pitless well adapters, etc. per N.J.A.C. 7:10-12.20 well head requirements.
(vii)
All wells shall be chlorinated each time they are opened for service or monitoring, unless the owner specifically waives the requirement of chlorination in writing. Bottled water shall be provided to the homeowners during the monitoring period and while the chlorine is detected above the acceptable limits of chlorination in the public water standards.
(viii)
The costs of extending, restoring or replacing a well damaged as a result of testing shall be the responsibility of the applicant.
(ix)
The applicant shall indemnify and hold the Township and its consultants and representatives harmless from any liability in connection with these testing requirements.
(2)
Response.
(i)
If the owner of the lot within 500 feet of the subdivision boundaries decides to participate by agreeing to have their existing well monitored, they shall notify the applicant by certified mail.
(ii)
Such response shall be provided within seven days of receipt of the certified notice from the applicant.
(iii)
If the applicant receives no response within the time provided, the response shall be deemed to be negative.
(i)
Protection of Monitored Wells. All reasonable efforts must be made to protect the potability of water from the monitored well.
(j)
Selection of Wells for Monitoring.
(1)
In the case when more than three property owners within 500 feet of the subdivision boundaries decide to participate and to have their existing wells monitored, only three must be monitored.
(2)
However, if any of the property owners requesting monitoring have wells completed to a depth less than 100 feet, these wells must also be monitored in addition to the three other wells.
(3)
A map depicting the location of all wells to be monitored and a list of all property owners within 500 feet of the subdivision boundary that requested monitoring is to be submitted to the board for review and approval prior to implementing the test.
(4)
The observation wells on neighboring properties should be selected to assess if the cone of depression from the pumping well will extend beyond the subdivision boundary in any direction.
(5)
The board reserves the right to retain a professional hydrogeologist to review the proposed monitoring locations and to make recommendations to revise the locations to be monitored.
(k)
Hydrogeologic Report.
(1)
A hydrogeologic report must be submitted with each application for subdivision of two or more lots and all site plans.
(2)
The report shall document the design and implementation of the aquifer test.
(3)
The report shall include all water level data collected during the three phases of testing.
(4)
The report must include calculations of aquifer characteristics such as transmissivity and storage coefficient, calculations of the cone of influence, potential impacts to adjacent well owners, and the long-term sustained yield for the wells.
(5)
All water level measurements obtained during the aquifer test shall be included with the report in electronic format acceptable to the township.
(6)
The report shall include a detailed hydrogeologic description of the aquifers encountered beneath the site and adjacent properties.
(7)
The report must include a detailed evaluation of the water supply demand for an average and peak day, and this demand should be supported with information on anticipated population, expected unit density, and size of units.
(8)
An inventory of all wells within 1,000 feet of the proposed subdivision/site plan boundaries should be appended. This inventory should be submitted in electronic format acceptable to the township.
(9)
Figures depicting site geology, topography, water level elevations, groundwater flow, and development plans shall be included.
(10)
In addition, all water quality sampling data shall be tabulated and summarized in the report. Only one copy of the laboratory reports is necessary for filing with the township.
(11)
The report should include a detailed evaluation of potential impacts from subsurface sewage disposal systems on groundwater quality. A site plan depicting well, septic leach field, 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 and will not be adversely impacted by the septic leach field discharges.
(12)
The hydrogeologic report shall be prepared and signed by a qualified hydrogeologist using applicable sections of GSR 29 or successor document as a guide. A qualified hydrogeologist shall be 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 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 five years of professional work experience in the practice of applying geologic principals to interpretation of groundwater conditions. The individual shall provide a resume or curriculum vitae to document education and experience requirements.
(13)
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.
(l)
Evaluation of Results.
(1)
Precipitation. A test conducted during a period in which 0.5 inches or more of precipitation are recorded at or near the site must be repeated.
(2)
Background Phase. Antecedent influences must be determined, and, if necessary, pumping phase and recovery phase data must be corrected. Insufficient data to assess these influences will require repetition of all three phases of the aquifer test.
(3)
Pumping Phase.
(i)
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 site will be deemed insufficient to meet the proposed demands and the applicant must reduce site demands and development units.
(ii)
If the pumping rate varies by more than 10% of the average flow rate, the entire test shall be repeated.
(iii)
If the pump shuts down during the pumping phase, the entire test must be repeated.
(iv)
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 Table 1,[2] the test must be repeated.
[2]
Editor's Note: Table 1, referred to herein, may be found in paragraph f2(c) of this subsection.
(v)
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 lowered aquifer transmissivity. If this lowered transmissivity indicates that the anticipated demand cannot be supported by the aquifer beneath the site, the applicant must reduce the site demand and development units.
(4)
Recovery Phase.
(i)
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 rates and residual drawdown.
(ii)
If residual drawdown in the pumping well or any observation wells exceeds 10% but is less than 20% of the total drawdown at the end of the recovery phase, the applicant must show through standard/recognized aquifer test analytical procedures 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 must reduce site demands and development units.
(iii)
If residual drawdown in the pumping well or any observation well exceeds 20% of the total drawdown at the end of the recovery phase, the aquifer will be deemed insufficient to meet the proposed site demands and the applicant must reduce site demands and development units.
(5)
Neighboring Wells.
(i)
If the drawdown is measured or projected to be more than one foot at any existing adjacent property well or along the subdivision boundary, the applicant's hydrogeologist must evaluate long-term potential impacts to adjacent properties based on the actual condition of wells in that zone or along that portion of the subdivision/site plan boundary.
(ii)
If a drawdown of five feet or more is noted in any existing adjacent property well, or is projected at any property boundary, then the aquifer will be deemed to have insufficient transmissivity to support the proposed subdivision/site plan. The applicant must reduce demand and development units to ensure that drawdown will not exceed five feet at any site boundaries.
(6)
Impacts to Streams and Wetlands. If drawdown is measured or projected to induce leakage from streams or wetlands such that baseflow in these streams will be reduced or wetlands partially or entirely dewatered, then the demand and development units must be reduced to prevent adverse impacts to streamflow 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 ordinance including but not limited to renotification of all property owners within 500 feet and resubmission of an aquifer test plan for board approval prior to implementation of the test.
§ 17-150 CULTIVATION AND MANUFACTURING CANNABIS USES. [1]
[Added 9-13-2021 by Ord. No. 21-1760; amended 8-21-2023 by Ord. No. 23-1807]
a.
Purpose. P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act" (the "Act"),[2] legalized the recreational use of cannabis by adults 21 years of age or older, and established a comprehensive regulatory and licensing scheme for commercial recreational (adult use) cannabis operations, use and possession. The Act also required municipalities to opt in or opt out of permitting cannabis businesses, and allowed municipalities choosing to opt in to develop reasonable regulations for the location and manner of operations. Section 17-160d permits cannabis cultivation and cannabis manufacturing facilities as conditional uses in the VRC Zoning District. Section 17-165 further allows cannabis manufacturing as a conditional use in the SI Zoning District. This section sets forth the land use requirements for cannabis cultivators and cannabis manufacturers and is designed to protect the community from visual and other adverse impacts of the uses while recognizing the Township's Master Plan's support of agriculture within the Township.
[2]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
b.
Area and yard requirements.
Min. lot size | 50 acres |
Min. lot width | 250 feet |
Min. lot depth | 250 feet |
Min. front yard | 350 feet |
Min. side yard | 300 feet |
Min. rear yard | 300 feet |
Max. building height | 35 feet |
Max. lot coverage | 15% |
Min. landscaped buffer along a public road | See § 17-95j |
1.
All structures must comply with above front, side and rear setbacks, except security control structures no larger than 250 square feet, set back 100 feet.
c.
Lighting. Greenhouse interior lighting will likely extend beyond sunset, and light trespass at night should be prevented through the use of blackout shades with side tracking or other comparable technologies, activated dusk to dawn. All outdoor lighting shall comply with Township ordinance.
d.
Noise. Noise generated on site shall be in compliance with all applicable state and Township noise regulations.
e.
Odor control. A cannabis business licensee shall prevent all odors generated from the cultivation and storage of cannabis from escaping from the buildings on the site, such that the odor cannot be detected by a reasonable person of normal sensitivity outside the buildings. All cannabis facilities shall have an air treatment system to mitigate cannabis-related odor. The air treatment system shall have sufficient odor absorbing filtration systems utilizing carbon filters or similar, and ventilation and exhaust systems to eliminate cannabis odors coming from the interior of the premises, such that any odor generated inside the facility is not detectable by a person of reasonable sensitivity at the subject property line. Performance standards of § 17-97 shall apply.
f.
Traffic. A traffic management plan shall be provided per § 17-112.
g.
Water use.
1.
In addition to the meeting all other Township requirements, the applicant shall provide a water conservation plan, which describes how rainwater will be captured and reused and how irrigation water shall be recirculated, with zero waste. Additionally, the water conservation plan shall include other features, including, but not limited to:
(a)
Evaporative barriers on exposed soils and pots;
(b)
Timed drip irrigation;
(c)
Soil moisture monitors; and
(d)
Use of recycled water.
2.
Observation well(s) shall be provided in accordance with § 17-149f2(f)(9) and remediation in accordance with § 16-6.8.
h.
Stormwater management. Stormwater management shall be provided sufficient to satisfy all New Jersey Department of Environmental Protection and Township stormwater control standards, except that applicant shall recharge 100% of the average annual preconstruction groundwater recharge volume for the site.
i.
Signage.
1.
All signage shall be limited to the name of the business. Illustrations, pictures, and other imagery is prohibited. One facade sign is permitted, not to exceed 10% of the front facade area of the principal building. In no case shall the facade sign exceed 50 square feet.
2.
One freestanding sign, not exceeding 32 square feet, shall be permitted in addition to the permitted facade sign.
j.
Screening. An evergreen screen shall be provided to prevent public view of structures from all roadways and adjoining parcels.
k.
Building design. Greenhouses are inherently valuable for the growing of cannabis since they allow for energy conservation, compared with other indoor building growing conditions. A cannabis business must design the growing facilities within greenhouses to maximize solar energy use and minimize the use of other energy sources. The applicant shall maintain the design of the buildings on the site in accordance with the approved plans (e.g., floor plans and site plans).
l.
Energy conservation. Recognizing that the greenhouse operation is energy intensive, the installation and operation of solar PV generators is required for a portion of the energy usage on-site.
m.
Farmland soil preservations. Applicant shall:
1.
Identify all prime agricultural soils, soils of statewide importance, and soils of local importance on the site plan;
2.
Design the site to avoid these soils to the maximum extent practical in the siting of impervious cover;
3.
To the extent impervious cover cannot avoid these soils, the applicant shall consult with the NRCS and shall follow the NRCS recommendations for protecting the soils to the extent possible; and
4.
Prepare and submit to the Township a soils management and restoration plan to restore the agricultural land in the event that the facility ceases to operate.
[1]
Editor's Note: The title of this Section 17-150 was amended from "Cannabis Uses" to its current title 4-18-2022 by Ord. No. 22-1770.
§ 17-151 RETAIL CANNABIS USES.
[Added 4-18-2022 by Ord. No. 22-1770; amended 5-2-2022 by Ord. No. 22-1772; 12-19-2022 by Ord. No. 22-1790]
a.
Purpose. P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act" (the "Act"),[1] legalized the recreational use of cannabis by adults 21 years of age or older, and established a comprehensive regulatory and licensing scheme for commercial recreational (adult use) cannabis operations, use and possession. The Act also required municipalities to opt in or opt out of permitting cannabis businesses, and allowed municipalities choosing to opt in to develop reasonable regulations for the location and manner of operations. Sections 17-161 (C-1), 17-162 (SC), 17-163 (HBO), 17-167 (IC) and 17-170 (SC1) permit cannabis retailers in those districts as a conditional use in the zones. A cannabis retailer establishment and accessory delivery services shall be subject to the applicable design standards of Article VI, including traffic and lighting standards as provided by the provisions of Sections 17-90 and 17-112 accordingly, and the bulk requirements of the C-1 Zone as it applies to retail uses when a cannabis retailer is located in the C-1 Zone, and the bulk requirements of Subsection 17-162e of this chapter when such use is located in the SC, HBO, IC, or SC1 Zone. This section sets forth the conditional use requirements and additional development standards for cannabis retailers and delivery services, which are designed and imposed in order to protect the community from visual and other adverse impacts of the use.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
b.
Conditional Use Requirements:
1.
License. A cannabis retailer shall be duly licensed by the State of New Jersey and shall hold a Class 5 Cannabis Retailer license issued by the New Jersey Cannabis Regulatory Commission.
2.
Location. Cannabis retail businesses must be located at least 1,000 feet from schools, school playgrounds and school athletic fields in the Township, measured from property line to property line.
3.
Cannabis Delivery Service. A cannabis delivery service shall only be permitted if it is located on the same premises as a licensed cannabis retail business, and such use is accessory to the cannabis retail operations on-site, and such delivery service is duly licensed by the State of New Jersey and holds a Class 6 Cannabis Delivery license issued by the New Jersey Cannabis Regulatory Commission.
4.
Prohibitions.
(a)
The on-site consumption or use of cannabis, cannabis products or services shall be expressly prohibited.
(b)
Drive-through services and/or drive-through windows shall be prohibited.
(c)
No retail cannabis prices, products or paraphernalia shall be displayed or visible to a person from the exterior of a building. All retail products shall be stored, displayed and sold only indoors, and any outdoor storage, display and/or on-site advertisement of products shall be prohibited. Preliminary architectural drawings that show the building's appearance and interior layout details sufficient to determine compliance with this section's provisions shall be provided prior to the application being deemed complete.
(d)
No cannabis retail establishment shall be permitted within a building that contains a residential use, and no cannabis retail establishment shall be housed in a vehicle or any movable or mobile structure. This does not prohibit the delivery of cannabis items and related supplies by a regulated delivery service.
c.
Additional Developments Standards.
1.
Hours of Operation. Hours of operation for cannabis retailers and accessory delivery services shall be limited to the hours of operations specified by the provisions of Subsection 24-11b of the Municipal Code.
2.
Parking. The parking requirements for cannabis retailers shall be the same as those required for retail sales, plus one additional parking space for a cannabis delivery vehicle for those cannabis retailers that utilize a delivery service as an accessory use, except that no additional parking spaces shall be required for such uses when such use occupies a retail space in a shopping center where parking requirements are established for the entire shopping center as a whole. No more than one cannabis delivery vehicle shall be stored on-site on any premises.
3.
Site Access. Cannabis retail establishments shall be accessible directly through a separate entrance, independent from any other retail or residential ingress to the building. Only a secured, one-way emergency exit from the establishment may be integrated with common egress.
4.
Odor Control. All cannabis retail businesses shall prevent all odors generated from the storage and sale of cannabis from escaping from the buildings on the site, such that the odor cannot be detected by a reasonable person of normal sensitivity outside the buildings. All cannabis facilities shall have an air treatment system to mitigate cannabis-related odor. The air treatment system shall have sufficient odor-absorbing filtration systems utilizing carbon filters or similar, and ventilation and exhaust systems to eliminate cannabis odors coming from the interior of the premises, such that any odor generated inside the facility is not detectable by a person of reasonable sensitivity at the subject property line. Performance standards of Section 17-97 shall apply.
5.
Signage. The signage requirements for cannabis retailers shall be the same as those required for retailers in each zone in which cannabis retailers are located. Additionally, the total imagery on signs for cannabis retail businesses shall not exceed 10% of the total area of the sign.
6.
Security. A cannabis retail facility shall develop and implement security protocols sufficient to secure the facility and its contents and protect the safety of customers, employees and the public. The following minimum security measures shall be required:
(a)
A video recording security system shall be employed covering all areas of the facility and the exterior of the building with a 24/7 recording system. All recordings shall be maintained for a period of at least 30 days.
(b)
An alarm system shall be installed and must include a perimeter alarm on all building entry and exit points and perimeter windows connected to a remote monitoring facility and/or the Hopewell Township Police Department and a failure notification system that provides notification of any failure in the security system.
