A.
The Rockaway River corridor, which is defined as the
one-hundred-year floodplain, is an environmentally sensitive area
that the Borough of Rockaway, through its Master Plan and Zoning Ordinance,
desires to preserve, enhance and protect. The corridor does not have
its own zoning designation; however, special consideration must be
given to any project that would disturb this area. It is the goal
of the Borough to minimize any impact upon the Rockaway River corridor.
B.
There is hereby established an RRC Rockaway River
Corridor Overlay Zone District to provide supplemental development
regulations in the area so designated to permanently protect the Rockaway
River and its tributary streams and subsurface aquifers within the
Borough from additional contamination originating from man's activities.
Due to the vulnerability and sensitivity of the river and its adjacent
resources to contamination, these regulations contain additional protective
measures. This chapter therefore applies to any person, firm or corporation
within the overlay zone that establishes or proposes to establish
additional land use or initiate development activity.
The objectives of the RRC Rockaway River Corridor
Overlay Zone District are to:
A.
Protect the river and associated surface and subsurface
watercourses from water quality degradation due to land use changes
or development activity.
B.
Define the responsibilities for implementing and enforcing
land use controls for the protection of the river's water quality.
C.
Establish zoning standards for land uses which use,
handle, or store equipment or materials which have the potential for
contaminating the river and its associated land and water resources.
D.
Establish land use intensity limitations compatible
with the appropriate use and protection of the river corridor.
The RRC Rockaway River Corridor Overlay Zone
District shall be comprised of those properties lying partially or
wholly within the one-hundred-year flood boundary of the Rockaway
River or is tributaries within the Borough. Such boundary shall be
determined by the Borough of Rockaway Flood Insurance Rate Map (FIRM)
which, in the event of dispute, shall be confirmed by an NJDEP stream
encroachment line to decide the issue.
A.
Within an RRC Overlay Residential Zone in the Borough
of Rockaway any new residential development shall, as a condition
of approval, connect to a central sewer system prior to occupancy,
or, if sewers are not available, development shall be conditioned
on all new residential development maintaining a minimum lot size
three times the minimum lot size of the underlying zone.
B.
If public sewers are available and there is adequate
sewer gallonage, then the regulations of the underlying zone shall
be applicable, subject to the additional regulations and performance
standards specified herein.
All nonresidential development, including public
and institutional uses, as a condition of approval within the Overlay
Zone, shall be required to connect to a centralized sanitary sewer
system. This shall apply to any site plan, subdivision variance or
request for a nonresidential building permit.
A.
The provisions in this section are not intended to
repeal, abrogate or annul any portion of this chapter, or existing
county, state or federal regulations. In any case, where there is
a conflict, the more stringent restrictions shall apply.
B.
All uses that are permitted in the underlying zones
shall be permitted in the Rockaway River Corridor 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, including the storage, parking or servicing of vehicles
which carry such materials.
(2)
Utilization or storage of sodium chloride salts or
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 or public garages, except existing
stations and garages.
(5)
Private repair garages or truck storage, maintenance
or service facilities.
(6)
Underground fuel storage tanks shall be prohibited
except for the storage of motor fuels in connection with existing
gasoline service stations. All such tanks shall be installed in compliance
with all BOCA requirements and regulations of NJDEP.
(7)
Impervious site coverage shall not exceed 40% maximum.
[Amended 9-27-2018 by Ord. No. 23-18]
Any application for development within the Rockaway River Corridor Overlay Zone District shall require the submission of an environmental impact statement in compliance with Chapter 170, Land Use Design and Performance Standards, and the subsections thereof. Excluded from this requirement are all single- and two-family structures seeking building permits or variances and all minor subdivisions.