Lakehurst City Zoning Code
§ 25-27.48
Water Quality.
[Ord. No. 11/78; Ord. No. 5/24/82 § 1345; Ord. No. 12/82 §§ VIII, XI, XIII; Ord. No. 7/20/89 §§ 35-38; Ord. No. 93-05 § 3; Ord. No. 97-05 §§ 16-21; repealed 3-4-2021 by Ord. No. 2021-03; reestablished and amended 8-19-2021 by Ord. No. 2021-08]
a.
All development permitted under this chapter shall be designed and carried out so that the quality of surface and ground water will be protected and maintained.
b.
Except as otherwise specifically authorized in this section, no development which degrades surface or ground water quality, or which establishes new point sources of pollution shall be permitted.
c.
No development shall be permitted which does not meet the minimum water quality standards of the State of New Jersey or the United States.
d.
The following point and non-point sources may be developed and operated in the Pinelands:
1.
Development of new or the expansion of existing commercial, industrial, and wastewater treatment facilities, or the development of new or the expansion of existing non-point sources, except those specifically regulated in paragraphs 2 through 3, below, provided that:
(a)
There will be no direct discharge into any surface water body;
(b)
All discharges from the facility or use are of a quality and quantity such that groundwater exiting from the parcel of land or entering a surface body of water will not exceed two parts per million nitrate/nitrogen;
(c)
All public wastewater treatment facilities are designed to accept and treat septage; and
(d)
All storage facilities, including ponds or lagoons, are lined to prevent leakage into ground water.
2.
Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of paragraph d, 1(b) provided that:
(a)
There will be no direct discharge into any surface water body;
(b)
The facility is designed only to accommodate wastewater from existing residential, commercial, and industrial development.
(c)
Adherence to paragraph d, 1(b) above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees; and
(d)
The design level of nitrate/nitrogen attenuation is the maximum possible within the cost limitations imposed by such user fee guidelines but in no case shall ground water exiting from the parcel or entering a surface body of water exceed five parts per million nitrate/nitrogen.
3.
Improvements to existing commercial, industrial, and wastewater treatment facilities which discharge directly into surface waters provided that:
(a)
There is no practical alternative available that would adhere to the standards of N.J.A.C. 7:50-6.84(a)li;
(b)
There is no increase in the existing approved capacity of the facility; and
(c)
All discharges from the facility into surface waters are such that the nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per million. In the event that nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two parts per million, the discharge shall not exceed two parts per million nitrate/nitrogen.
e.
Water-saving devices such as water-saving toilets, showers, and faucets shall be installed in all new development.
f.
No residential or nonresidential use dwelling unit in the Pinelands Area shall be located on a parcel of less than one acre unless served by a centralized wastewater treatment plant. Notwithstanding this requirement, an application for residential development not served by a centralized wastewater treatment plant on lots between 20,000 square feet and one acre in size in the R-1, R-2, R-3, and R-4 Zones may be considered without the necessity for a municipal lot size or density variance, provided a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61. et seq.
g.
Water shall not be exported from the Pinelands except as otherwise provided in N.J.S.A. 58:1A-7.1.