Township of Hamilton, NJ
Mercer County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Hamilton as Ch. 154 of the 1994 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution control — See Ch. 90.
Construction codes — See Ch. 167.
Sewers and sewage disposal — See Ch. 385.
Solid waste — See Ch. 420.
Stormwater management  — See Ch. 427.
Flood damage prevention — See Ch. 536.
Land development — See Ch. 550.
Site investigation and soil sampling — See Ch. 565.
Soil removal — See Ch. 572.
Stormwater control — See Ch. 577.
Stream Buffer Conservation Zone — See Ch. 583.
This chapter shall be known and may be cited as the "Environmental Impact Statement Ordinance."
The purpose of this chapter is to establish rules, regulations, standards and procedures for mandating the preparation of an environmental impact study by the applicant when it is deemed necessary by the Planning Board or Zoning Board of Adjustment during its review of subdivision and site plan development applications.
[Amended 11-2-1994 by Ord. No. 94-048]
A. 
In the review of an applicant's plan, the administrative officer shall consider the potential adverse and positive environmental impacts of any proposed project as major factors in its findings. An environmental impact statement will be required of the applicant if it is determined by the administrative officer and affirmed by the reviewing board that there may be adverse environmental impacts associated with the plan as submitted, which require further analysis.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
The environmental impact statement should describe, with suitable sketches and plans, the proposed project. The section shall summarize rather than duplicate the site plan and building plan. This should include a survey and description of the environmental features of the property. The scope and detail of the impact statement will be determined by the administrative officer.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
An impact study shall consider the topography, surface water bodies, surface water quality, aquatic biota, soils, geology, groundwater, vegetation, wildlife and archaeological and historic features. Forest vegetation is to be classified by type and age class. Map scales shall be no larger than one inch equals 100 feet or as required by the administrative officer.
It must be shown that sewerage can be disposed of through facilities adequate to preclude pollution to other water systems.
A. 
Compliance with state and municipal health regulations should be demonstrated.
B. 
If disposal is on site, data on underlying geology, soils analysis, percolation tests for every five acres, topography, location of aquifers, depth and capacity of all wells within 500 feet of the site and any other pertinent data should be included.
C. 
If disposal is off site, indicate the sewerage, plant design capacity, monthly average flows for the past 12 months, proposed future project usage and, if applicable, the capacity of the plant to treat industrial or commercial waste.
D. 
The statement should document stream quality data from the state, federal or other sources, stream flow, plans for sewage treatment facilities, including municipal, county, state, regional or federal plans, and flows expected from other approved subdivisions or site plans which are dependent upon the sewage treatment facility in question.
It must be shown that an adequate potable water supply is available and not threatened by nearby land uses.
A. 
Compliance with state and local regulations should be demonstrated.
B. 
If the supply is from public facilities, including private water companies, the amount of diversion granted by the Division of Water Resources of the Department of Environmental Protection of the State of New Jersey (maximum gallons of water pumped during any month), present diversion (maximum gallons of water during the past 24 months) and diversion expected from other approved subdivisions and site plans which are dependent upon the present diversion granted by the Division of Water Resources should be included in the impact study.
C. 
If the supply is from on-site sources, indicate the location and depth of all private and public water supplies within 500 feet of the proposed development, the location, depth and adequacy of proposed private and public water supplies to serve the proposed development, geologic description and subsurface conditions, including expected groundwater yield (using published geologic reports or a report by a geologist). For all realty improvements consisting of more than 50 dwelling units, there shall be no preliminary development approval until the Division of Water Resources has determined that the proposed water supply and sewer disposal facilities are adequate.
It must be shown that stormwater runoff from the site is so controlled on and off site that erosion is neither caused nor worsened and that the potential of downstream flooding is not increased.
A. 
The volume of stormwater runoff now existing from the site and the volume to be generated by the proposed development shall be determined.
B. 
Data on landscaping, a vegetation map, trees and ground cover, both existing on site and compared with that proposed, shall be included.
C. 
Changes of runoff to be caused by the changes of such landscape and all roofs and paved surfaces shall be determined.
D. 
A plan for the disposition of stormwater, whether by detention or retention, on or off site, shall be included.
E. 
The submission of an erosion and sediment control plan, accompanied by a review by the Soil Conservation District, shall be included.
In the case of streams having a drainage area exceeding 1/2 square mile, an encroachment permit is required from the Division of Water Resources for fill or diversion of a water channel, alteration of a stream, or repair or construction of a bridge, culvert, reservoir, dam, wall, pipeline or cable crossing. A description of potential damages, including a summary of flood stages from state and federal sources, should be included.
It must be shown that solid waste management will occur during construction and actual operation.
A. 
In the case of construction, the impact study shall include an estimate of the amount of waste to be generated, over what time span, how waste will be disposed and how often it will be disposed. The applicant shall demonstrate an awareness of regulations concerning open burning and landfilling on site.
B. 
In the area of actual operation, the impact study shall indicate how much, where and how frequently waste generated will be disposed, what steps will be taken to recover scrap and recyclable materials, if any hazardous waste would be a part of the proposed operation, what steps will be taken to prevent blowing litter and the manner in which on-site waste collection areas will be screened from public view.
It must be shown that no visible smoke or deleterious chemical changes are produced in the atmosphere by heating or incinerating devices or by any processing of materials.
Plans shall include any area, condition or feature which is environmentally sensitive or which, if disturbed during construction, would adversely affect the physical, social or historical environment of the region.
A. 
Critical impact areas include but are not limited to stream corridors, streams, wetlands, estuaries, slopes greater than 20%, high acid or highly erodible soils, areas of high water table, mature stands of native vegetation, aquifer recharge and discharge areas and archaeologically sensitive areas.
B. 
A statement of impact upon critical areas and a listing of adverse impacts which cannot be avoided shall be included.
C. 
Environmental protective measures, procedures and schedules to minimize damage to critical impact areas shall be indicated.
D. 
A list of all licenses, permits and other approvals required by municipal, county, regional or state law and the status of each shall be included.
E. 
An assessment of the environmental impact of the project shall be included.
F. 
A listing of steps proposed to minimize environmental damage to the site and region during construction and operation shall be included.
The environmental impact statement shall contain a concise summary of the environmental impact assessment for the proposed project. This summary will evaluate the adverse and positive environmental effects of the project, should it be implemented, and the public benefits expected to be derived from the project. The applicant will be required to submit six copies of all documents being submitted as part of the environmental impact statement.
Table of Environmental Impact Statement Requirements
Type of Proposed Project
Environmental Impact Statement Section
Residential:
Single Unit
Residential:
2 to 5 Units
Residential:
More than 5 Units
Shopping and Service
Industrial Uses
The proposed project
X
X
X
Existing conditions of the site and affected off-site areas (includes groundwater, surface geology, subsurface geology, soils, ground cover, flora, fauna, drainage, land use, vegetation, wildlife and archaeological and historical features)
X*
X
X*
X
Sewerage facilities
X
X
X
Water supply
X
X
X
X
Surface drainage
X
X
X
X
Stream encroachments
X
X
X
X
Solid waste disposal
X
X
X
Air quality
X
X
Critical impacts
X
X
X
X
Summary environmental assessment
X
X
X
X
*
All or specific items may be exempted by administrative officer.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).