Borough of Rockaway, NJ Article XIII RRC Rockaway River Corridor Overlay Zone District

§ 172-88 Establishment; purpose.

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.

§ 172-89 Objectives.

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.

§ 172-90 Designation of Rockaway 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.

§ 172-91 Standards and conditions for residential development.

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.

§ 172-92 Sewer connection required for nonresidential uses.

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.

§ 172-93 Applicability; use exceptions.

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.

§ 172-94 Environmental impact statement.

[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.