Denville Township City Zoning Code

To protect the aquifer from water quality degradation due to land use changes or development activity;

To define the responsibilities of implementing and enforcing land use controls for the protection of aquifer water quality;

To establish strict performance standards for use, handling, or storage facilities or associated materials which have the potential for contaminating the aquifer;

To establish land use intensity limitations, in accordance with the availability of sanitary sewers.

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.

The standards as provided within the ASA Overlay Zone shall be considered more restrictive than the underlying zone, where applicable.

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.

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.

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.

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:

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.

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.

The format and contents of the environmental impact report shall be as follows:

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.

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.

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.