Montgomery City Zoning Code
§ 16-5.16
Water Supply.
[Ord. #85-482, S 516; Ord. #88-589, S 2; Ord. #92-756, SS 1,2]
a.
Where public water is accessible, water mains shall be constructed in such a manner as to make adequate water service available to each lot or building within the development. The entire system shall be designed in accordance with the requirements and standards of the local and/or State agency having approval authority and shall be subject to their approval. The system shall also be designed with adequate capacity and sustained pressure and in a looped system with no dead-end lines, whenever possible.
For purposes of this paragraph, accessible shall mean that the property to be developed is no further from an existing water main than the number of feet arrived at by multiplying the number of units in the proposed development by 200, or in the case of subdivisions in which more than 15 units are proposed, accessible shall mean that the property to be developed is within one mile of an existing water main. Notwithstanding anything to the contrary, all nonresidential developments shall be serviced by public water.
b.
Where no public water is accessible, water shall be furnished on an individual lot basis. If wells are installed on each lot and the lot also contains its own sewage disposal facilities, the wells shall be of the drilled type with a minimum 50 feet of casing where possible or, where such minimum footage of casing is not possible, the well shall be drilled at least 20 feet into unweathered rock. Well installation, sealing and testing shall be in accordance with the N.J. Standards for Construction of Water Supply Systems in Realty Improvements (Chapter 199 of the Public Laws of 1954), as amended, and in accordance with the guidelines and resolutions adopted by the Township Board of Health. Prior to being placed in consumer use and prior to issuance of a Certificate of Occupancy for any building served by the well, the developer shall certify to the Township Board of Health that he complied with all applicable State and local regulations.
c.
Connection to Public Water Supply System.
1.
All proposed major subdivisions except as provided in Subsection 16-5.16d below shall be connected by the applicant, at the applicant's sole expense, to an existing public water supply system if public water is available within the following distances: 200 feet for one unit developments, 400 feet for two unit developments, 600 feet for three unit developments, 800 feet for four unit developments, 1,000 feet for five unit developments, 1,200 feet for six unit developments, 1,400 feet for seven unit developments, 1,600 feet for eight unit developments, 1,800 feet for nine unit developments, 2,000 feet for 10 unit developments, 2,200 feet for 11 unit developments, 2,400 feet for 12 unit developments, 2,600 feet for 13 unit developments, 2,800 feet for 14 unit developments, and 3,000 feet for 15 unit developments. For developments of greater than 15 units which are within one mile from an existing public water supply system the applicant shall provide public water or adequate justification shall be given by the applicant to the Board as to the reason it should not provide a connection to the existing public water supply system. The system shall be installed in accordance with the standards imposed by the public water utility. The system proposed in lieu of connection to public water shall be capable of providing adequate water for fire fighting purposes. For purposes of this paragraph, adequate justification shall mean a hardship generated by peculiar physical qualities of the property to be developed, including but not limited to, topographical, geological, hydrological or other similar compelling reasons concerning the physical condition of the property.
2.
Where no public water is accessible as defined by Subsection 16-5.16c1 in addition to complying with Subsection 16-5.16b, the applicant shall deposit funds in escrow with the Township in accordance with Subsection 16-9.3c4.
3.
In lieu of depositing the aforesaid escrow funds, the applicant may, at its option, elect to install water main extensions in the subdivision, even though public water may not be accessible as defined in Subsection 16-5.16a above.
4.
Nothing in this subsection shall be construed as affecting the right of any part to file a petition with the Board of Public Utilities to require the public utility to establish, construct, maintain and operate an extension of existing water main facilities as provided in N.J.S.A. 48:2-27. Additionally, nothing in this subsection shall be construed as affecting any State laws, rules or regulations with respect to cost allocations as between the public water utility and the customer. Any deposit made by any such customer and any rebate received by such customer from the public water utility shall have no effect on the provisions of this subsection.
d.
Underground Water Storage Tank Systems.
1.
For any area of the Township in which a public utility has indicated that public water is not able to be installed, an applicant proposing a development which would permit the construction of less than five new principal buildings shall not be required to comply with the provisions of Subsection 16-5.16c, but instead shall, at its expense and in accordance with the provisions of Subsections 16-5.16d2 and 16-5.16d3 hereinbelow or Subsection 16-9.3c4, either install the required underground water storage tank system and ancillary fire protection wells for fire prevention purposes or deposit a pro-rata share of the cost of installation, in escrow, with the Township in an amount equal to the rate set by Elizabethtown Water Company per lot for the cost of installation of 200 feet of water main per lot. Where an applicant does not install the required underground water storage tank system and ancillary fire protection wells, an applicant shall pay a pro rata share of the cost of installation of the underground water storage tank system in accordance with Subsection 16-9.3c4. Where an applicant installs the required underground water storage tank system and ancillary fire protection wells, no escrows may be established by that applicant for the construction of additional buildings within the development. For proposed major subdivisions which would permit the construction of five or more new principal buildings, an applicant shall, at its expense and in lieu of the required escrow funds, install an underground water storage tank system and ancillary fire protection wells.
The monies deposited in the escrow account shall be utilized either for the construction of the underground water storage tank system and the ancillary fire protection wells by the Township of Montgomery and/or may be used to reimburse the developer of a major subdivision which involves the construction of less than five new principal buildings for the residual cost to the developer of installing the underground water storage tank system and ancillary fire protection wells according to the zones delineated in the Underground Water Storage Tank Zone Map.[1]
The location of the underground water storage tank and ancillary fire protection wells shall be determined by the Bureau of Fire Prevention in consultation with the Township Engineer. Any construction of a tank system and ancillary wells which requires the expenditure of monies in the escrow fund shall be subject to review by the Bureau of Fire Prevention and approval of the Township Committee.
[1]
Editor's Note: The map is included at the end of this section.
2.
Where an applicant installs an underground water storage tank system and ancillary fire protection wells, an applicant must comply with the following criteria:
(a)
Every building shall be located within 2,000 linear feet of an underground water storage tank measured along the streets, highways and access driveways. A water storage tank shall hold a minimum of 40,000 gallons of usable water. The tank shall be installed parallel to the road within the right-of-way and/or public easement, but shall not be installed below the travelled portion of the road. The location of the tank shall be determined by the Bureau of Fire Prevention in consultation with the Township Engineer. The Bureau may, under certain circumstances and upon making appropriate findings, require storage of additional quantities of water or additional storage tanks. Such findings may include, but shall not be limited to, the following:
(1)
Size and density of the proposed development;
(2)
Proximity of existing and proposed buildings;
(3)
Proximity of water supply and/or other existing underground water storage tanks.
(b)
The tank shall be non-corrosive construction and must be pre-cast or pre-manufactured. In no case shall a tank be manufactured on site. The tank shall be installed in all respects in accordance with the manufacturer's specifications. The specifications and installation of the tank shall be subject to prior approval by the Township Engineer. The tank shall be installed in a level manner with no more than 2% slope. The tank shall be fed by well water and an applicant shall install the well in accordance with the provisions of Subsection 16-5.16d2(a) above. The tank shall be as centrally located in the subdivision as possible and shall be accessible by road for fire engines and other fire-fighting equipment. The Fire Official shall test and approve the operation of the underground water storage tank system.
(c)
An applicant shall execute any and all documents necessary to grant to the appropriate Board of Fire Commissioners an easement providing sufficient access for entry for fire-fighting and other emergency purposes, as well as for non-emergency purposes such as maintenance or repair of the tank and storage and maintenance of the control box and other appurtenances of the well. An applicant shall execute any and all documents necessary to grant to the underground Board of Fire Commissioners title to the underground water storage tank and ancillary fire protection wells, and to assign to the Board manufacturers' warranties for the tank and appurtenant equipment.
3.
For all proposed major subdivisions which would permit the construction of less than five new principal buildings, an applicant may be required to install an underground water storage tank system in accordance with Subsection 16-5.16d2 above, in lieu of the required escrow fund where the Bureau of Fire Prevention finds, in consultation with the Township Engineer, that such an underground water storage tank system is warranted for fire-fighting purposes. Such findings may include, but shall not be limited to, the following:
(a)
Size and density of the proposed development;
(b)
Proximity of existing and proposed buildings;
(c)
Proximity of water supply and/or other underground water storage tanks; and
(d)
Proximity of future potential underground water storage tank sites on lands capable of major subdivision.
4.
Where an underground water storage tank system is to be installed, no construction permit shall be issued for a building upon any lot within a subdivision until the underground water storage tank system is installed and its operability is tested and approved pursuant to Subsection 16-5.16d2(b).
