Denville Township City Zoning Code
ARTICLE LI
ASA Aquifer Sensitive Area Overlay Zone District
§ 600-329 Establishment of an overlay zone.
There is hereby established an ASA Aquifer Sensitive Area Overlay Zone District to provide supplemental development regulations in the area so designated to permanently protect the source of Denville Township water supply from additional contamination originating from man's activities. Due to the extraordinary vulnerability and sensitivity of the aquifer resource to contamination, these regulations contain additional protective measures. This article, therefore, applies to any person, firm or corporation within the ASA Overlay Zone that establishes or proposes to establish additional land use or development activity.
§ 600-330 Objectives of the overlay zone.
The objective of the ASA - Aquifer Sensitive Area Overlay Zone District are:
A.
To protect the aquifer from water quality degradation due to land use changes or development activity;
B.
To define the responsibilities of implementing and enforcing land use controls for the protection of aquifer water quality;
C.
To establish strict performance standards for use, handling, or storage facilities or associated materials which have the potential for contaminating the aquifer;
D.
To establish land use intensity limitations, in accordance with the availability of sanitary sewers.
§ 600-331 Definition of Aquifer Sensitive Area Overlay Zone.
A.
The ASA - Aquifer Sensitive Area Overlay Zone District will be applicable to all areas in the Township of Denville noted to be within the sole source aquifer as identified in studies prepared by Geraghty and Miller, Inc., entitled "An Evaluation of Groundwater Resources of the Rockaway River Valley Within the Communities of Denville, Boonton Township, Town of Boonton, Montville and Mountain Lakes," dated August 1978 and the Geonics study "Water Resource Study of the Rockaway Valley," dated February 1, 1980, and as delineated by the ASA - Aquifer Sensitive Area Overlay Zone District Map, which is incorporated in § 600-143 of this chapter.
B.
The standards as provided within the ASA Overlay Zone shall be considered more restrictive than the underlying zone, where applicable.
§ 600-332 Standards and conditions for residential development within the Aquifer Sensitive Area.
A.
Within an ASA Overlay Residential Zone in the Township of Denville, any new residential development shall, as a condition of approval, be required to connect to a central sewer system prior to occupancy, or if sewers are not available, development shall be conditioned on all new residential developments maintaining a minimum lot size of three acres per dwelling unit.
B.
If public sewers are available and there is adequate sewer gallonage, then the underlying zone regulations shall be applicable subject to the additional regulations and performance standards provided herein.
§ 600-333 Standards for nonresidential, public and institutional uses within the Aquifer Sensitive Area.
All nonresidential development, including public and institutional uses as a condition of approval within the Aquifer Sensitive Area shall be required to either connect to a centralized sanitary sewer system or utilize a closed holding tank disposal system approved by the Department of Environmental Protection. This shall apply to any site plan, subdivision, variance or request for a building permit.
§ 600-334 General provisions.
A.
The provisions in this article are not intended to repeal, abrogate, or annul any portion of these regulations, or existing county, state or federal regulations. In any case where there is a conflict, whichever imposes the more stringent restrictions shall apply.
B.
All uses that are permitted in the underlying zones shall be permitted in the Aquifer Sensitive Area Overlay Zone with the following exceptions and restrictions:
(1)
The disposal, storage, or treatment of hazardous and solid waste material as defined by the New Jersey Department of Environmental Protection.
(2)
Utilization or storage of sodium chloride salts or other road salts other than calcium chloride salts.
(3)
Dry wells directly connecting to any floor drain, wash basin, sink or paved parking areas.
(4)
Gasoline stations, except existing gas stations.
(5)
Underground fuel storage tanks shall be permitted subject to the following conditions:
(a)
Any applicant proposing to install an underground fuel storage tank shall obtain an application and permit from the Construction Code Official and shall receive written approval and authorization of the Fire Chief, Township Engineer and Health Officer. The applicant shall notify the appropriate code officials at least 48 hours in advance of all work.
(b)
All underground tanks where approved shall be double-hulled steel or fiberglass encased in a concrete vault and shall be installed in accordance with Uniform Construction Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(c)
When a question arises as to a proposed use (principal and/or accessory) and its potential to degrade or contaminate the aquifers designated for protection herein, the approving authority shall solicit input from the state Department of Health Services. Each application shall include any and all necessary federal or state permits.
§ 600-335 Environmental impact statement.
A.
Any application for development within the Aquifer Sensitive Area not served by a centralized sanitary sewer system shall require the submission of an environmental impact statement. Excluded from this requirement are all single- and two-family structures seeking building permits and all minor subdivisions.
B.
All applicants filing an environmental impact report shall prepare such a report in accordance with the provisions of this section. In such instances, the report shall provide additional information to the Township, demonstrating that the applicant can comply with all standards of this section, or that one or more of such standards would not be applicable, given the conditions of the applicant's property or existing uses thereon.
C.
The format and contents of the environmental impact report shall be as follows:
(1)
Description of existing conditions. This section shall present a description of existing characteristics of the property with respect to geology, topography, ground and surface water hydrology, soils, vegetation, and existing improvements and uses.
(2)
Description of the proposed action. This section shall describe the proposed action including types, locations and phasing of proposed site disturbance and construction, as well as proposed future use, ownership and maintenance of the property and the proposed improvements. Plans describing the proposed action shall also be included within the Environmental Impact Report.
(3)
Proposed measures to control potential adverse environmental impacts. This section shall describe all measures proposed by the applicant to control all adverse impacts that may occur as a result of the proposed action. It shall address all impacts cited by the Township Engineer and all other designated experts by the Township in the report on the application, prepared in accordance with procedures described herein.
(4)
List and qualification of preparers. The names, addresses, telephone numbers and qualifications of persons directly responsible for preparing the Environmental Impact Report shall be provided.
(5)
Appendices. Any additional information the applicant wishes to provide may be included in one or more appendices to the report.
(6)
The Environmental Impact Report must be received by the Township no later than 30 days prior to the date of the public hearing as required by law. The report shall be submitted in 20 copies to the Township.
§ 600-336 Standards and performance criteria.
No structure, land or water shall be used or developed, and no structure shall be located, extended, converted, or structurally altered in the Aquifer Sensitive Area unless the applicant takes all reasonable measures to minimize any impact of the proposed action, as set forth below.
A.
All below-ground storage tanks for heating oil and gasoline (for gas stations), shall be required to place such tank(s) in concrete vault, install other impervious liners, and install monitoring devices in any area designated as an ASA zone. The applicant shall also demonstrate compliance with all other applicable regulations of this ordinance.
B.
There shall be no use of fill containing any material that would represent a potential contamination hazard to ground or surface waters. Materials shall be defined wastes identified as hazardous by the New Jersey Department of Environmental Protection.
C.
Land grading or construction of buildings or other site improvements shall not directly or indirectly diminish the flow of natural springs. As required by the Environmental Impact Statement report, water table data from observation wells shall be provided by the applicant.
§ 600-337 Modifications permitted.
Where by reason of extraordinary and exceptional situation uniquely affecting a minor subdivision or a minor site plan, or the construction of no more than two residences or for site plan for nonresidential development of no more than 1,500 square feet, the Planning Board may provide a waiver for some or all of the standards provided herein.