[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]
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]
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.
|
