A.
Legislative intent. It is the intent and purpose of this chapter to provide proper guidelines and requirements for an environmental impact statement to be filed in conjunction with an application for development requiring the disturbance of more than 5,000 square feet of land area and in support of any other proposed site disturbances within Mount Olive Township, as further defined in Subsection C below. The purpose of an environmental impact statement is to understand the existing conditions and consideration of any significant environmental impact; ensure the continued preservation of important natural resources such as clean air and water, woodlands, freshwater wetlands and habitats of endangered plant and wildlife species.
[Amended 4-28-1998 by Ord. No. 5-98]
B.
Approval required. No site shall be disturbed or developed within the Township of Mount Olive by any person, partnership, corporation, public agency or entity within the municipality unless an environmental impact statement has been approved by the Board in accordance with the specifications and procedures required by this chapter, except as authorized by the appropriate Township official, to obtain data necessary to comply with state, county and municipal requirements.
C.
Preparation, requirements and exemptions.
(1)
The applicant is responsible for selecting a qualified person or persons to prepare the environmental impact statement. The name(s) and address(es) of the person(s) preparing the environmental impact statement and a list of qualifications shall be included in the document. The report shall also contain the name(s) and qualifications of person(s) conducting field investigations together with the dates and hours during which the work was performed.
[Amended 4-28-1998 by Ord. No. 5-98]
(2)
An environmental impact statement shall be required in conjunction with any application before the Planning Board which proposes the disturbance of more than 5,000 square feet of land and prior to the issuance of any permit or the commencement of any activity within the Township of Mount Olive which will result in the disturbance of more than 5,000 square feet of land area and in conjunction with any application, permit, request or activity, regardless of the size of the property, which is located in any critical area as defined by the Township's critical areas provisions (see § 550-39 in Article V of this chapter) or which, in the opinion of the appropriate agency or official, might create a potential environmental hazard to the health, safety and welfare of the public.
[Amended 10-28-2014 by Ord. No. 22-2014]
(3)
An application for a single one-family detached dwelling which would result in the disturbance of more than 5,000 square feet but less than 10,000 square feet of land area shall be exempt from the requirements of this chapter.
(4)
Any minor subdivision, as defined by Article II of this chapter, shall be exempt unless located in a critical area or unless the development might create a potential environmental hazard to the health, safety or welfare of the public, in the opinion of the Board considering the application.
(5)
Land disturbance for an agricultural use not involving a building permit and conducted under a plan approved by the Soil Conservation District or for silviculture carried out in accordance with a plan approved by the State Forester and not located in any 100-year floodplain or in an area having slopes greater than 12% or requiring road construction for accessibility shall be exempt from the requirements of this chapter.
(6)
The Board shall have the right to waive the requirements for an environmental impact statement, in whole or in part, for any application upon a finding that the data required is not necessary to determine whether the proposed project might create a hazard to the environmental health, safety and welfare of the public.
D.
Required data. The environmental impact statement shall contain information and analysis with respect to the following:
(1)
(2)
An inventory of existing environmental conditions at the project site and in the surrounding region, which shall describe air quality; water quality; water supply; hydrology, both surface and subsurface; geology; soils; vegetation (including deciduous trees of three-inch or greater diameter at breast height); coniferous trees of four-inch or greater diameter; desirable shrubs and ground covers worthy of protection; wildlife; aesthetics; and historical sites. All vegetation and wildlife species must be identified by both the scientific as well as the common name. The inventory of conditions at the project site must be compiled on the basis of a field investigation conducted at the specific site. The report must document any threatened or endangered plant and/or animal species located at the project site based upon actual sightings and/or existing habitats. Reports such as those published by the Natural Heritage Program of the New Jersey Department of Environmental Protection shall also be submitted to supplement this portion of the inventory but shall not serve in lieu of an on-site investigation(s). The description of soils shall be as they conform to the definition and terminology used in the Morris County Soil Conservation District. Water and air quality are defined in accordance with guidelines established by the State of New Jersey, Department of Environmental Protection.
[Amended 4-28-1998 by Ord. No. 5-98; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
The location of any wastewater treatment facility and central water supply system existing and/or proposed within a radius of two miles from the proposed development.
(5)
An assessment of the probable impact of the project, both adverse and beneficial, on the topics described in Subsection D(2) above.
(6)
Any probable adverse environmental effects, including but not limited to:
(a)
Diminished water quality.
(b)
Diminished air quality.
(c)
Increased noise levels.
(d)
Excessive or undesirable illumination of surrounding areas.
(e)
Undesirable land use.
(f)
Damage to or destruction of significant plant or wildlife systems, including but not limited to disturbance or destruction of threatened or endangered plant species and habitats of threatened or endangered wildlife species.
[Amended 4-28-1998 by Ord. No. 5-98]
(g)
Damage to aesthetic values.
(h)
Destruction of natural resources.
(i)
Displacement of people and business.
(j)
Destruction of farms used during the last five years.
(k)
Undesirable effects on employment, property taxes and municipal services.
(l)
Destruction of man-made resources and damage to recreational areas.
(m)
Disruption of desirable community and regional growth.
(n)
Jeopardy to the health, safety and well-being of the public and immediate neighbors.
(o)
Traffic impact.
(p)
All of the above as it affects an adjoining municipality.
(q)
Soil erosion and sedimentation.
(7)
A thorough discussion of the steps to be taken, including a description and timetable before, during and after construction, both at the project site and in the surrounding area, to minimize the adverse environmental effects as described in Subsection D(6) above. Where disturbance to a threatened or endangered plant or to a habitat of a threatened or endangered wildlife species is anticipated because of the development, the environmental impact statement shall describe in sufficient detail those measures to prevent any disturbance either entirely or during the construction phase. Conservation easements, construction schedules coordinated with known growing/breeding seasons or other measures for mitigation shall be examined. Applicant shall provide confirmation that any threatened or endangered species or habitat for same that is discovered on the site under review is reported to the Endangered and Nongame Species Program, the Division of Fish, Game and Wildlife and the Division of Parks and Forestry.
[Amended 4-28-1998 by Ord. No. 5-98]
(8)
Alternatives to the proposed project, including:
(a)
That of no project.
(b)
A description of alternatives, with an objective evaluation of the alternatives that might avoid some or all of the adverse environmental effects with the rationale for acceptability or nonacceptability of each alternative.
(c)
An analysis of the costs and social impact of the alternatives.
(9)
Implications of the proposed action for population distribution or concentration should be estimated and an assessment made of any possible change in population patterns upon the area impacted, including land use, water and public services.
(10)
A listing of all licenses, permits or other approvals, as required by municipal, county and state law, and the status of each.
(11)
A reference list of pertinent published information relating to the project, project site and surrounding region, used in the preparation of the environmental impact statement.
(12)
Particular data as to:
(a)
Sewerage facilities. The applicant must show:
[1]
Compliance with state and local health regulations.
[2]
If disposal is on-site individual septic disposal systems, the applicant is to include a soil analysis and percolation test for every proposed lot and every building site, location of aquifers, depth and capacity of all wells within 200 feet of the disposal site and other pertinent data.
[3]
If disposal is off-site or an on-site central disposal system, the applicant is to include data on plant design capacity, the capacity of the plant to treat industrial or commercial wastes, when applicable, and any other pertinent data.
[4]
Flows, existing and future, expected from any approved subdivision which are dependent upon the same facilities.
(b)
Water supply. The applicant must show:
[1]
Compliance with state and local regulations.
[2]
Location and depth of all water wells within 200 feet of the realty improvement.
[3]
Location, depth and adequacy of off-site and on-site private or public water supplies to serve the proposed realty improvement.
[4]
For realty improvements with more than 50 dwelling units, it will be necessary to obtain a determination by the Division of Water Supply and Geoscience that the proposed water supply and sewerage facilities are adequate.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[5]
For realty improvements with less than 50 dwelling units it will be necessary to show that the semipublic water supply is adequate and meets state and local standards.
(c)
Drainage. The application must show:
[1]
The volume of stormwater runoff from the site and the volume to be generated by new improvements.
[2]
Any increase in the rate of velocity of runoff and change in drainage patterns.
[3]
Plans for disposition of stormwater, whether by retention on-site or other means, to protect downstream property.
[4]
Floodplains. A description of potential flood conditions or damages, including a summary of flood stages from state and federal sources.
[5]
Proposals for soil erosion and sedimentation control.
(d)
Solid waste disposal. The applicant must submit a plan for disposal in compliance with the State Sanitary Code.
(e)
Energy use. The applicant must submit information on the utilities' capacity to satisfy needs of development.
E.
Review procedures. Eight hard copies of the environmental impact statement and one copy in electronic format, e.g., pdf, shall be submitted to the Secretary of the Board at the time of application. In the case of subdivision or site plan application, the environmental impact statement shall be included with the application for preliminary approval. In the case of an environmental impact statement which is not in conjunction with a development application, the statement shall be filed with the Township Clerk at the time of permit application and/or prior to commencement of any land disturbance activity.
[Amended 10-5-2010 by Ord. No. 23-2010]