Zoneomics Logo
search icon

Woodbine City Zoning Code

§ 26-43.7

Water Quality.

[Added 6-16-2022 by Ord. No. 606-2022; amended 4-20-2023 by Ord. No. 614-2023; 5-2-2024 by Ord. No. 625-2024]
a. 
Minimum Standards for Point and Nonpoint Source Discharges. The following point and nonpoint source discharges may be developed or operated in the Pinelands Area:
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 a2 through a6 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 seepage; and
(d) 
All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.
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 a1(b) above 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 development;
(c) 
Adhering to paragraph a1(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 groundwater 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.
4. 
Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
(a) 
The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this Chapter;
(b) 
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of paragraph a4(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to subsection 26-75.9 (Density Transfer Program) or N.J.A.C. 7:50-5.47;
(c) 
Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;
(d) 
The depth to seasonal high-water table is at least five feet;
(e) 
Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;
(f) 
The system will be maintained and inspected in accordance with the requirements of N.J.A.C. 7:50-6.85;
(g) 
The technology to be used has been approved for use by the New Jersey Department of Environmental Protection; and
(h) 
Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.
5. 
Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
(a) 
The standards set forth in paragraphs a4(a) and a4(c) through (h) above are met;
(b) 
If the proposed development is non-residential and located in the FAR or ARR zoning districts, the standards of N.J.A.C. 7:50-6.84(a)5iii(2) are met; and
(c) 
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of paragraph a4(c) above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to Section 609 and N.J.A.C. 7:50-5.47.
(d) 
All Pinelands alternate design wastewater treatment systems in active use shall be equipped with a functioning alarm system that conforms to the requirements at N.J.A.C. 7:50-6.84(a)5iv(2)(G) and shall be covered under a renewable operation and maintenance contract that conforms to the requirements at N.J.A.C. 7:50-6.84(a)5iv(2)(K), for as long as the system is in active use.
6. 
Surface water runoff, provided that the requirements of Section 21-2 of Chapter 21 Stormwater Control are met.
7. 
Alternate Design Pilot Program Treatment Systems, provided that:
(a) 
The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this Chapter.
(b) 
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of paragraph (c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to Section 609 or N.J.A.C. 7:50-5.47;
(c) 
Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution proposed, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, or less by N.J.A.C. 7:50-5.19;
(d) 
The depth to seasonal high-water table is at least five feet;
(e) 
Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquicide, in which case the well shall be cased to at least 50 feet;
(f) 
No more than 10 alternate design pilot program treatment systems utilizing the same technology shall be installed in the development of any parcel if those systems are each serving one single-family dwelling;
(g) 
Each system shall be equipped with a functioning alarm system that conforms to the requirements at N.J.A.C. 7:50-6.84(a)5iv(2)G;
(h) 
Each system shall be designed and constructed so that samples of effluent leaving the alternate design pilot program septic system can be readily taken to confirm the performance of the technology;
(i) 
The manufacturer or its agent shall provide to each owner an operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;
(j) 
Each system shall be covered by an initial five-year warranty and a renewable, minimum five-year maintenance contract consistent with those approved pursuant to N.J.A.C. 7:50-10.22(a)2v that cannot be arbitrarily cancelled and which includes a provision requiring that the manufacturer or its agent inspect the system at least once a year and undertake any maintenance or repairs determined to be necessary during any such inspection or as a result of observations made at any other time; and
(k) 
The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identified the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in paragraph (i) above, and grants access, with reasonable notice, to the local board of health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period of the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.
b. 
Individual Wastewater Treatment Facility.
1. 
The owner of every on-site conventional septic wastewater treatment facility installed after the effective date of this section, in the Pinelands Forest Area District shall, as soon as a suitable septage disposal facility capacity is available, in accordance with the provisions of Chapter 326 of the Solid Water Management Act, N.J.S.A. 13:1E-1, et seq. and Section 201 of the Clean Water Act:
(a) 
Have the facility inspected by a qualified technician at least once every three years;
(b) 
Have the facility cleaned at least once every three years;
(c) 
Once every three years submit to the Borough a sworn statement that the facility has been inspected and cleaned, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.
2. 
The owner of every commercial petroleum storage tank shall have the tank pressure tested at installation and every five years thereafter and shall submit a sworn statement to the Woodbine Borough Construction Official that the tank is watertight.
c. 
Water management.
1. 
Water shall not be exported from the Pinelands except as otherwise provided at N.J.S.A. 58:1A-7.1.
2. 
A diversion within the Pinelands Area portion of Woodbine Borough that involves the interbasin transfer of water from sources within the Pinelands Area between the Atlantic Basin and the Delaware Basin, as defined at paragraphs c2(a) and (b) below, or outside of either basin, shall be prohibited.
(a) 
The Atlantic Basin is comprised of Watershed Management Areas 13, 14, 15, and 16, as identified by the New Jersey Department of Environmental Protection.
(b) 
The Delaware Basin is comprised of Watershed Management Areas 17, 18, 19, and 20 as identified by the New Jersey Department of Environmental Protection.
3. 
A diversion within the Pinelands Area portion of Woodbine Borough involving the intrabasin transfer of water between HUC-11 watersheds in the same basin, Atlantic Basin or Delaware Basin as defined at paragraphs c2(a) and (b) above, shall be permitted. If such an intrabasin transfer involves water sourced from the Kirkwood-Cohansey aquifer, the diversion shall meet the criteria and standards set forth at paragraph c4 below.
4. 
Within the Pinelands Area portion of Woodbine Borough a new diversion or an increase in allocation from either a single existing diversion source or from combined existing and new diversion sources in the same HUC-11 watershed and in the Kirkwood-Cohansey aquifer, that results in a total diversion of 50,000 gallons of water per day or more (hereafter referred to as "proposed diversion") shall meet the criteria and standards set forth at paragraph c4(c) through (f) below and the water management standards of the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-6.86(d). "Allocation" shall mean a diversion permitted pursuant to a Water Allocation Permit or Water Use Registration Number issued by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:19.
(a) 
When evaluating whether the proposed diversion meets the criteria set forth at paragraphs c4(c) through (f) below, all of the applicant's allocations in an HUC-11 watershed, in addition to the proposed diversion, shall be included in the evaluation.
(b) 
The standards set forth at paragraphs c4(c) through (f) below shall not apply to:
(1) 
A new well that is to replace an existing well, provided the existing well is decommissioned in accordance with N.J.A.C. 7:9D-3 and the new replacement well will:
(i) 
Be approximately the same depth as the existing well;
(ii) 
Divert from the same aquifer as the existing well;
(iii) 
Have the same or lesser pump capacity as the existing well; and
(iv) 
Be located within 100 feet of, and in the same HUC-11 watershed as, the existing well;
(2) 
Any proposed diversion that is exclusively for agricultural or horticultural use; or
(3) 
Any proposed diversion for a resource extraction operation that constitutes a nonconsumptive use, provided the water returned to the source is not discharged to a stream or waterbody or otherwise results in offsite flow, and the diversion and return are located on the same parcel.
(c) 
A proposed diversion shall be permitted only in the following Pinelands Management Areas: Pinelands Town; and Rural Development Area.
(d) 
A proposed diversion shall only be permitted if the applicant demonstrates that no alternative water supply source is available or viable. Alternative water supply sources include, but are not limited to, groundwater and surface water sources that are not part of the Kirkwood-Cohansey aquifer, and public water purveyors and suppliers, as defined at N.J.A.C. 7:19-1.3. A list of alternative water supply sources is available at the offices of the Pinelands Commission and at https://www.nj.gov/pinelands/.
(e) 
A proposed diversion shall not have an adverse ecological impact on the Kirkwood-Cohansey aquifer. Adverse ecological impact means an adverse regional impact and/or an adverse local impact, as described at N.J.A.C. 7:50-6.86(d)6 and 7, respectively. A proposed diversion deemed to have an adverse local impact in the Pinelands Area is prohibited. A proposed diversion deemed to have an adverse regional impact shall only be permitted if an applicant permanently offsets the diversion in accordance with N.J.A.C. 7:50-6.86(d)6i.
(f) 
An applicant for a proposed diversion shall provide written documentation of water conservation measures that have been implemented, or that are planned for implementation, for all areas to be served by the proposed diversion. Water conservation measures are measurable efforts by public and private water system operators and local agencies to reduce water demand by users and reduce losses in the water distribution system.
d. 
General.
1. 
All development shall be designed and carried out so that the quality of surface and groundwater will be protected and maintained. Agricultural use shall not be considered development for purposes of this subsection.
2. 
Except as 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.
3. 
No developments shall be permitted which do not meet the minimum water quality and potable water standards of the State of New Jersey or the United States.