Township of Rockaway DRAFT Highlands Element for Municipal ...

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DRAFT Highlands Element to the Rockaway Township Master Plan November 2010 Department of Agriculture (NJDA) Agricultural Development in the Highlands Rules (N.J.A.C. 2:92); and c) the density and intensity requirements set forth in the section that follows (see Section C, Density and Intensity of Development). Specific immediate changes to permitted uses will include the following, each pending the adoption of implementing ordinance provisions approved by the Highlands Council: 1. Carbonate Rock Area. Upon adoption of the appropriate regulatory provisions, the following principal and/or accessory uses and/or structures, where otherwise permitted by the municipal ordinance, shall be explicitly prohibited from any portion of the Highlands Area designated a “Carbonate Rock Area” (as defined and delineated in the Conservation Plan Element) or from any lands identified as draining into a designated Carbonate Rock Area: solid waste landfills, hazardous waste storage and disposal facilities, hazardous materials storage and handling facilities, and underground storage tanks. 2. Prime Ground Water Recharge Area. Upon adoption of the appropriate regulatory provisions, any principal and/or accessory use or structure related or devoted to such use, which is designated as a Major Potential Contaminant Source (PCS) by the Highlands Council (see Appendices A and C), where otherwise permitted by the municipal ordinance, shall be expressly prohibited from any portion of the Highlands Area delineated as a “Prime Ground Water Recharge Area” (as defined and delineated in the Conservation Plan Element). 3. Wellhead Protection Area (Tier 1). Upon adoption of the appropriate regulatory provisions, any principal and/or accessory use or structure related or devoted to such use, which is listed as a Major or Minor Potential Contaminant Source (PCS) or which is designated by the Highlands Council as a potential source of pathogenic contaminants (see Appendices A, B and C), where otherwise permitted by the municipal ordinance, shall be expressly prohibited from any portion of the Highlands Area delineated as a “Tier 1 Wellhead Protection Area” (as defined and delineated in the Conservation Plan Element). 4. Wellhead Protection Area (Tier 2). Upon adoption of the appropriate regulatory provisions, any principal and/or accessory use or structure related or devoted to such use, which is designated as a Major Potential Contaminant Source (PCS) by the Highlands Council (see Appendices A and C) where otherwise permitted by the municipal ordinance, shall be expressly prohibited from any portion of the Highlands Area delineated as a “Tier 2 Wellhead Protection Area” (as defined and delineated in the Conservation Plan Element). 5. Highlands Special Environmental Zone. Upon adoption of the appropriate regulatory provisions, the permitted principal and accessory uses (and any structures related or devoted to such uses) applicable to any land falling within a designated “Highlands Special Environmental Zone” (as defined and delineated in - 12 -
DRAFT Highlands Element to the Rockaway Township Master Plan November 2010 the Land Preservation & Land Stewardship Plan Element), shall be modified such that they remain valid only in conjunction with a waiver permitting such use from the Highlands Council. C. DENSITY AND INTENSITY OF DEVELOPMENT The physical potential for development and/or redevelopment in each Highlands Zone and Sub-Zone of the Township Highlands Area is limited by existing natural features, resource protection priorities, and the capacity of the land and available infrastructure to support it. This section sets forth a capacity-based planning framework intended to ensure that future development and redevelopment do not exceed carrying capacity. To the extent that the existing development density and intensity standards of the underlying zone districts (as defined and applied under the existing Land Use Plan and Zoning Ordinance) are consistent with the parameters of this section, they shall remain in effect. Where any density or intensity goals of the existing Land Use Plan are inconsistent with these limits, they are herewith modified with respect to the Highlands Area, to the extent necessary to conform to the Highlands RMP. For purposes of these provisions, density of development standards refer to the requirements of the underlying Zoning Ordinance that regulate the permitted number of dwelling units per acre of land, whether specifically defined as density standards or set forth as minimum lot size requirements for application to specific zoning districts. Intensity of development standards refer to those requirements used to define the relationship between the permitted extent, form and location of development of a lot, to the size, shape, and configuration of the lot on which it is situated (e.g., floor area ratio, building coverage, building height, yard setbacks, number of stories). In the context herein, modifications to the underlying density or intensity of development standards will occur only to the extent that existing standards conflict with provisions of the Highlands Act, NJDEP Preservation Area Rules, or RMP, in particular those concerning water availability or available septic system yield. These modifications shall not apply to lawfully existing or approved development in the Highlands Area at the time of adoption of the ordinances that effectuate such provisions. They shall apply, however, if modifications or improvements to such existing development result in an increase in demand for water availability or septic system yield (excluding any increase directly attributed to exercise of a Highlands Act exemption). Permitted densities and intensities of development shall comport with the provisions of the Highlands RMP, Highlands Council Technical Reports and all data related thereto, and the applicable provisions of the Preservation Area Rules adopted by the NJDEP (N.J.A.C. 7:38). As provided therein, the framework for setting development density/intensity guidelines relies primarily on water and wastewater capacity analyses, with natural resource constraints to be applied largely on a project-specific basis at the development review level. Permitted density and intensity allowances for the Highlands Area must also reflect municipal intents with respect to growth and development of the community. A - 13 -
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