Rockaway Township City Zoning Code
§ 54-30.10
Environmental protection.
[Ord. No. 95-24 § 54-108; Ord. No. 05-10 § 7; Ord. No. 05-10A § 7; Ord. No. 05-11 § 2; Ord. No. 06-14 § 2; Ord. No. 07-17 § 1; Ord. No. 11-10]
All development within the Township shall be designed to mitigate any adverse impact due to environmental constraints. This shall be accomplished by employing innovative design and construction of cluster development on lands having minimal environmental constraints. The development of lands having some environmental constraints is permitted as regulated herein; however, development of environmentally constrained land is not to be encouraged unless the development is necessary to a reasonable and logical development plan. No land or premises may be used and no building or structure may be erected, razed, moved, extended, enlarged, altered or used for any purpose unless and until all provisions of this section are complied with:
A.
Flood damage prevention. A flood damage prevention program has been adopted by the Township Council, as more fully set forth in Chapter 22. The chapter establishes regulations that must be met for any property that falls within a flood boundary as set forth on the Flood Insurance Rate Map, Community Panel Numbers 340360-0001B through 0012B, prepared by the Federal Emergency Management Agency, dated September 18, 1986, and as may be amended. The uses permitted within any flood boundary shown on the map are those uses permitted and regulated for the district in which the area may be located, as such districts are set forth and delineated on the Zoning Map. No site plan application shall be submitted to the Planning Board and no construction permit shall be issued nor shall any storage of material or equipment or other use be permitted within any flood boundary, until all requirements of Chapter 22 of the Code of the Township are complied with; provided, however, where the regulations of this chapter impose greater restrictions on the use of land than may be imposed by Chapter 22 of the Township Code, the regulations of this chapter shall prevail.
B.
Potable Water Supply Protection.
(1)
Except as hereinafter provided in paragraph (4), no building or structure shall be erected in any district of the Township within 1,500 feet of any public water supply source unless adequate environmental safeguards can be established and acceptable to the Township Health and Engineering Departments.
(2)
No sanitary sewer, septic system or line carrying sanitary or industrial wastes located within 100 feet of any well, infiltrated gallery, spring, or similar source of ground water now or hereafter developed for public water supply, may be installed in any district of the Township unless the same shall be of steel, reinforced concrete, cast iron, or other suitable material, properly protected and of completely watertight construction and otherwise constructed in accordance with Rules and Regulations for the Preparation and Submission of Plans for Public Water Supply Systems and Water Treatment Plants, now or hereafter issued by the State Department of Health.
(3)
No connections to a sanitary sewer system shall be permitted within 50 feet of any well now or hereafter developed as a public water source.
(4)
Public water system shall mean a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves at least 25 individuals daily at least 60 days out of the year. Such term includes: any collection, treatment, storage and distribution facilities under control of the operator of such system and used primarily in connection with such system, and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. A public water system is either a "community water system" or a "noncommunity water system."
C.
Monitoring wells. Prior to the approval of any application for development or the issuance of any building permit or zoning permit for any industrial use within the Township or for any other nonresidential use that results in the potential discharge of any pollutant or contaminant on or into the ground within the Township, the applicant shall be required to install monitoring wells, their number, locations and depths to be first approved by the Township Engineer and Department of Community Services. Notwithstanding any provision of this section, the Planning Board may waive the requirement for the installation of monitoring wells or the alternate detection devices for those nonresidential uses which the Board finds, after public hearing and the submission of proper evidence, will not result in any potential ground water pollution. The owner or operator of the application for development shall implement a ground water monitoring program capable of determining the impact of the proposed use on the quality of ground water underlying the facility. The ground water monitoring program shall be carried out during the active life of the facility. The ground water monitoring system shall consist of:
(1)
Monitoring wells installed hydraulically up and down gradient (in the direction of increasing and decreasing static head) from the proposed structure or use. The wells shall be sufficient to yield ground water samples that are representative of ground water samples of ground water quality affected by the use on-site and lead to the detection of any pollutants or contaminants that migrate from the use on-site.
(2)
All monitoring wells shall be constructed in accordance with New Jersey Department of Environmental Protection specifications.
(3)
The applicant shall have all monitoring wells sampled and analyzed semi-annually by a State-certified testing laboratory with the results submitted to the Township Department of Community Services. If the results of the analysis indicates contaminants have entered the ground water at a level deemed unsafe by the State of New Jersey Department of Environmental Protection, then the owner or operator of the subject premises shall immediately take appropriate action to contain the source and remove the contamination pursuant to a plan approved by the Rockaway Township Department of Community Services and the New Jersey Department of Environmental Protection.
D.
Underground mines.
(1)
Every new development requiring subdivision or site plan approval located within 500 feet, measured horizontally, of a mine or mine feature as shown on the map entitled Iron Mine Locations, dated July 13, 1972, prepared by Arthur M. DeLuca Consulting Engineer and revised by Rockaway Township in March 2002 and the publication entitled Abandoned Iron Mines of Jefferson and Rockaway Townships, Morris County, New Jersey, dated 1992, prepared by the State of New Jersey Department of Labor Division of Workplace Standards Office of Safety Compliance (both available for review in the Township Engineer's Office and hereinafter referred to as "Map and Publication") must conduct a preliminary investigation and assessment prepared by a qualified professional engineer licensed in the State of New Jersey hired at the sole cost and expense of the property owner or applicant. Prior to approval of the subdivision or site plan, said preliminary investigation and assessment shall be submitted for review by the Township Engineer for verification of the findings and determinations regarding whether remediation of the mine or mine feature is necessary. The Township Engineer shall make the final determination regarding whether remediation of a mine or mine feature is necessary. The Township Engineer may request the services of a mine expert in connection with the review of the preliminary investigation and assessment. Any costs associated with the mine expert shall be the sole responsibility of the applicant.
(2)
For construction or reconstruction of buildings and/or pools and construction of new decks that require building permits and are located within 150 feet, measured horizontally, of a mine or mine feature as shown on the Map and Publication, the property owner or applicant must conduct a preliminary investigation and assessment prior to the issuance of a building permit as more particularly set forth in the above paragraph.
(3)
The following are exempt from the requirement of having to conduct a preliminary investigation and assessment prior to the issuance of a building permit regardless of the location of the property in relation to a mine or mine feature as shown on the Map and Publication:
(a)
Interior construction or reconstruction, exclusive of any foundation work,
(b)
Construction or reconstruction of roofing on any structure,
(c)
Construction or reconstruction of siding on any structure,
(d)
Facade changes to any structure,
(e)
Construction or reconstruction of retaining walls,
(f)
Removal or installation of underground storage tanks,
(g)
The reconstruction of a deck using the existing footings, if the existing footings comply with current UCC requirements, and
(h)
Installation or replacement of a septic system or well.
(4)
Nothing contained herein is intended to subvert the authority of the State of New Jersey Department of Labor Division of Workplace Standards Office of Safety Compliance.
E.
Stormwater management. Any project not regulated under Chapter 25, Stormwater Control, shall be so designed that the rate of run-off is no greater than before in its natural condition. All run-off calculations shall be based on one-hundred-year, twenty-four-hour storms. All stormwater retention or detention systems will be approved by the Township Engineer.
F.
Soil erosion and sedimentation control. All developments in all districts shall protect streams, lakes and ponds from sedimentation damage, and shall prepare a soil erosion and sedimentation control plan in accordance with P.L. 1975, c. 251. All major subdivisions and site developments shall submit a plan as part of the preliminary land development plan.
G.
On-site septic systems. No site plan or subdivision relying on on-site septic systems will be approved by the Planning Board until the adequacy of the systems has been reviewed and approved by the Township Department of Community Services.
H.
Conservation areas. Development within areas designated as "conservation" on the Township Master Plan adopted by the Planning Board pursuant to N.J.S.A. 40:55D-28 is prohibited; provided, however, access roads may traverse the conservation area if necessary to provide proper access into the abutting developable lands and if approved by the Planning Board. Any lands designated as "conservation" may be counted as part of a tract acreage for the purpose of computing the maximum density permitted in the district in which it is located.
I.
Vegetation. The preservation of natural vegetation shall be preserved wherever practical. The regrading or stripping of vegetation on steep slopes shall comply with the following standards:
(1)
On slopes less than 10%, vegetation can be stripped from the site necessary to build all buildings and ancillary paved areas as well as that part of the site not to be improved but will be regraded as part of a site plan approved by the Planning Board.
(2)
On slopes between 10% and 15%, vegetation shall not be stripped from more than 40% of the slopes.
(3)
On slopes between 15% and 25%, vegetation shall not be stripped from more than 30% of the slopes.
(4)
On slopes 25% or greater, vegetation shall not be stripped from more than 15% of the slopes.
(5)
Irrespective of the above regulations, an applicant may regrade a steep sloped area, provided that in no event shall the applicant disturb or regrade more than 200 square feet of tract to be developed.
J.
Shoreline development. Lakes, ponds and water bodies larger than one acre in size shall not be filled in or developed. No building shall be constructed within 100 feet of the shoreline of any such water body; provided that single-family detached dwellings in the R-13 district which existed prior to the date of the adoption of this chapter are permitted to construct an addition to the dwelling within 100 feet of the shoreline of any such water body, subject to the following requirements:
(1)
Any addition shall be set back from the shoreline of the water body a distance equal to or greater than the setback of the existing dwelling.
(2)
Any addition shall comply with all other requirements of this chapter, including height, yard setbacks, building and improvement coverage, etc.
K.
Stream encroachment. Development within 100 feet of the center line of any stream or brook as set forth on the "Community Facilities Plan" of the Township Master Plan adopted by the Planning Board pursuant to N.J.S.A. 40:55D-28, or any stream or brook that has water in it all year, is prohibited.
L.
Wetlands. The connection of any structure to the Rockaway Valley Regional Sewer Authority sewer system on lands classified as wetlands is prohibited unless a waiver is granted by the Authority. For the purpose of administering this provision, wetlands are delineated on a set of municipal Tax Maps available for inspection at the office of the Township Engineer. Any lands designated as wetlands may be counted as part of a tract acreage for the purpose of computing the maximum density permitted in the district in which it is located.
M.
Seasonal high water table. Development on lands with a seasonal high water table within zero to one foot of the surface during certain periods of the year shall be limited to structures without basements and then will only be permitted after the applicant submits engineering evidence to the Planning Board that the intended structure can be built so as not to be adversely impacted with ground water.
N.
Reserved.
O.
Protection of critical features. There are properties throughout the Township of Rockaway that exhibit various environmental characteristics that have the potential to severely impact the land, water quality, soil erosion, habitat, recharge areas, and other features that affect the quality of life in the community, particularly when a multitude of such features are evident on a particular property. The following regulations are to apply in those instances where such conditions exist:
(1)
Critical features. The following elements are identified as critical features for the purpose of imposing the accompanying regulations:
(a)
Steep topography (defined as 15% gradient or greater);
(b)
Floodplains;
(c)
Flood hazard areas;
(d)
Wetlands;
(e)
Wetland transition areas;
(f)
Soils with severe limitations for development (as set forth in the Morris County Soils Survey Report);
(g)
Category One (C-1) streams requiring a three-hundred-foot buffer along such streams;
(h)
Sites above a sole source aquifer;
(i)
Sites that contain or are within 200 feet of public wells;
(j)
Sites with rare or endangered species; and,
(k)
Sites within the Highlands Preservation Area as established by the Highlands Water Protection and Planning Act.
These features are identified as critical features since development of property with these features has the potential of having a severe impact upon the land, water quality, habitat, recharge and associated environmental features within the Township.
(2)
Reduction in permitted impervious coverage.
(a)
Where:
[1]
A site contains a minimum of six of the Critical Features enumerated in Subsection 54-30.10O(1); and
[2]
Either.
[a]
The site contains rare or endangered species; or the site is above a sole source aquifer; or the site contains or is within 200 feet of a public well; or the site contains Category One (C-1) streams requiring a three-hundred-foot buffer along such streams; or
[b]
The critical features other than set forth in Subsection 54-30.10O(2)(a)[2][a] above in the aggregate account for a minimum of 50% of the site area, Then,
[3]
All requirements for impervious coverage shall be reduced to a maximum permitted 25%, provided that where the maximum permitted impervious coverage that is imposed prior to the imposition of this section is less than the 25% provided for herein, the lesser requirement shall be imposed.
(b)
If the maximum permitted impervious coverage for a site is reduced as set forth above, and if two of the critical features which trigger said reduction are steep slopes of minimally 25% grade covering minimally 50% of the site, or wetlands and the associated wetland buffers encompassing minimally 50% of the site, or the required buffers associated with Category One streams encompassing 50% of the site, then the requirements for impervious coverage shall be further reduced to a maximum permitted 15%, provided that where the maximum permitted impervious coverage that is imposed prior to the imposition of this section is less than the 15% provided for herein, the lesser requirement shall be imposed.
(3)
Additional limitations on development. Development of buildings and impervious surfaces on critical features shall be limited to the schedule of limitations set forth below:
Schedule of Building and Impervious Limitations:
(a)
As to lakes and ponds: 100% limitation.
(b)
As to wetlands: 100% limitation.
(c)
As to floodplains: 100% limitation.
(d)
As to steep slopes: (See current steep slope ordinance[1]).
[1]
Note: For regulations pertaining to steep slopes see Subsection 54-30.10I.
(e)
As to buffers to C-1 streams: 100% limitation.
(4)
Roads and driveways may be constructed across the features referenced in Subsection 54-30.10O(3)(b) through (d) herein, provided no viable alternative exists and further provided that applicable local, County, State and Federal approvals are obtained.
(5)
Exceptions to the above noted environmental regulations are allowed for the following uses:
(a)
Existing unimproved or improved single-family residential lot of record.
(b)
Minor subdivisions that will not result in the creation of more than four new building lots.
(c)
Agricultural operations, as protected by the Right to Farm Act.
(d)
All changes in occupancy of commercial or industrial buildings for similar uses provided there is no expansion of building area or impervious area, or as otherwise regulated by the Highlands Water Protection and Planning Act.
