The “High Quality Ground Water” Ordinance for Southampton Township

 

You may have recently read the results of private well testing mandated by New Jersey when homes are sold. The sad story is that 8% of the wells tested failed to meet acceptable standards for drinking water. Most failed because of pollution from nitrates.

 

What is Southampton doing about this problem?

Understand that the Township, not the State or the County, has the responsibility for protecting the purity of the Town’s groundwater. Southampton Township stepped up to this responsibility. We modified the Master Plan to include a Conservation Element for the protection of all of our natural resources. The Conservation presents the steps necessary to be taken to keep our groundwater pure. Your Township Planning Board unanimously adopted the Conservation Element. The Conservation element recommendations were then translated into the “High Quality Groundwater Ordinance” that was unanimously adopted by The Township Committee.

 

What is the condition of our groundwater now?

The Southampton Township Environmental Commission (STEC) solicited volunteers for free well testing for nitrates to gauge the condition of our groundwater. No well STEC tested showed a dangerous level of nitrates and that is welcome news. Because the tests were voluntary, many areas of the Township were not represented. In the State mandated testing, noted above, one well in Southampton failed the nitrate test.

 

What does the Ordinance do?

The ordinance uses State provided guidelines and engineering calculations to evaluate residential and other development plans proposed by developers. These calculations compute a minimum lot size for the proposed use such that high quality groundwater is maintained. The process prevents developers from the unregulated pollution of your groundwater.

 

How does this compare to the Pinelands Comprehensive Management Plan?

The Pinelands Commission requires that pollution levels be no more than 2 milligrams of nitrates per liter. The Southampton Township Ordinance is not as stringent and allows for 3 milligrams per liter. The Pinelands also have other more restrictive laws like larger wetland buffer requirements.

 

How do nitrates in my drinking water affect me?

You cannot see, taste, or smell nitrates in your water. The EPA prohibits as unhealthful drinking water nitrate concentrations in excess of 10 milligrams/liter in public drinking water. systems. New Jersey has a similar standard for drinking water. Nitrates can not be metabolized by infants or fetuses. Elevated nitrate levels can be lethally toxic to them.

 

What about other pollutants?

The Ordinance only controls nitrate pollution; however, the presence of nitrates is a good indicator of the presence of other pollutants.


How does the ordinance affect the ecology of Southampton?

The Ordinance was crafted with protection of the environment in mind. The groundwater is the source of 90% of the water in the streams. Polluted groundwater means polluted streams. Polluted streams translate into a deteriorated environment. The standard specified by the ordinance protects the environment.    

 

Developers complain that this is over regulation by Government. Is this true?

No. The Town has the responsibility for protecting the groundwater. The alternative is to do nothing.

 

Developers complain that the ordinances should be simplified. Is this true?

Yes. Recently, Judge Sweeney ruled that the Township has the legal right to invoke this ordinance. He noted that the ordinance should be made easier to understand but that ease of understanding does not invalidate the law. We are currently editing the law and, in the meantime, a written guide has been made available help the developers.

 

Developers have complained that the State procedure is complicated. Is this true?

No. The engineering calculation is very complex. The use of the calculation is very simple. By analogy, your television set is a very complex device. Using it is easy. The computation requires entry of two values into a computer program and then requesting the solution. It takes under a minute to perform the calculation.

 

The developers claim that tax ratables will be affected. Is this true?

Yes. There will be less available tax ratables but that is good news for the taxpayers. If Southampton Township grows too large the State will require the Township to pay for its own Police. Realize also that a single-family residence costs the town more in schools and services than the residence pays in taxes. Residential development increases the tax rate. Conversely, farms provide more tax income than the comparable “outgo” required for services. A look at surrounding towns reveals that the denser the development, the higher the taxes. If more ratables meant lower taxes then Medford and Cherry Hill would have lower taxes than Southampton.

 

What was the genesis of the High Quality Groundwater Ordinance?

Well over a thousand volunteer man-hours were spent researching and crafting the Conservation Element. A significant amount of that time was devoted to clean groundwater concerns. We coordinated closely with the DEP and other interested parties. Many open hearings were held and a video was produced to present the Conservation element to the Township Committee, Township boards, and to the public. The process was started in 1999 and culminated in the High Quality Groundwater Ordinance in 2003.

 

Where do things stand today?

The Ordinance is in effect and being enforced. There is a court challenge ongoing that should be resolved this year. There is a petition being circulated that seeks to repeal or emasculate the Southampton Township groundwater protection. The Township Committee, the Planning board, and STEC are determined to protect our groundwater.

 

 

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