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.
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.
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.
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.
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.