All impact statements shall consist of written materials and
maps prepared by qualified professionals. A resume of the professionals'
qualifications shall be included as an attachment to the original
submission.
An environmental impact statement (EIS) shall be a written text together with any necessary mapping that describes the impact and effect of proposed land development upon natural systems and the environment of the Township. The EIS shall also contain a detailed specification of how the proposed plans comply with the each of the Performance Standards set forth in Section 13-8.10 of this Ordinance. Where the proposed plans do not fully comply with any applicable Performance Standard, the EIS shall present one or more alternative conceptual plans which comply, to the extent feasible, with all applicable Performance Standards.
A.
An environmental impact statement shall be required where any one
of the following items is present:
1.
The property in question involves five (5) acres or more, except
where the property is proposed to be developed for one (1) single
family dwelling;
2.
Twenty (20%) percent or one acre or more of the subject property contains or consists of Critical Area, as defined in Article I of this Ordinance;
3.
Where the subject property contains or lies within fifty (50) feet
of a trout production, trout maintenance, wild trout stream or headwaters
thereof;
4.
Where proposed project development will create a use which may reasonably
be expected to use, store or produce any substance classified as hazardous
or toxic within the provision of the New Jersey Worker and Community
Right to Know Act (N.J.S.A. 34:5A), including, without limitation,
a use designated by SIC code as a typical hazardous substance user
pursuant to said Act; provided that, where the project does not identify
a specific use for the proposed improvements, it will be presumed
that the improvements will be used in connection with any permitted
use that they may reasonably accommodate;
B.
General Exemptions.
1.
All agricultural operations conducted in accordance with a plan approved
by the soil conservation district and all silviculture operations
conducted in accordance with a plan prepared by a professional forester
are specifically exempt from the environmental impact statement requirements.
2.
Any variance application to the Zoning Board of Adjustment not involving
a site plan or subdivision application shall not require an environmental
impact statement unless the requested variance involves one or more
Performance Standards or unless specifically requested by the Board.
The Zoning Board of Adjustment shall inform the applicant regarding
any information that may be required.
C.
All environmental impact statements shall consist of written materials
and maps prepared by qualified professionals. A resume of the professionals'
qualifications shall be included as an attachment to the original
submission.
D.
The document shall include, but not be limited to the following information:
1.
Project Description.
(a)
Proposed use, type of facilities to be constructed, manner of
operation, number of employees or residents, number of customers or
visitors per day, peak hour activity, hours of operation, frequency
and hours of deliveries, type of delivery vehicles, etc.
(b)
Documentation that sewage can be disposed of through facilities
adequate to preclude water pollution.
(c)
Documentation that an adequate water supply can service the
site.
(d)
The method of disposing of solid waste and recyclables.
(e)
Suitability of the property for the proposed use and the extent
to which the site must be altered.
(f)
Relation to the Roxbury Township Master Plan, Morris County
Master Plan and the State Development and Redevelopment Plan and other
pertinent planning documents.
2.
Site Description and Inventory. The applicant shall, to the extent
reasonably ascertainable, describe the existing environmental conditions
at the project site and in the immediate surrounding areas.
Inventory preparation shall be based upon actual visitation
and inspection of the site proposed for development. The inventory
shall be accompanied by a log indicating the dates, times, weather
conditions and specific locations of the on-site inspections required
by this section.
The site description and inventory shall include the following
data:
(a)
Types of soil. List, describe, and map each soil type located
on the site, referenced to the USDA Soil Survey for Morris County.
If applicable, provide percolation date. Where the proposed area of
land disturbance will involve soils with moderate or severe limitations
(as per the Soil Survey of Morris County - Soil Conservation Service)
relative to the type of project proposed, the map shall indicate where
these moderate and severe limitations exist.
(b)
Topography. Describe the topographic conditions of the site,
with specific delineation of ridgelines and any lands with slopes
exceeding fifteen (15%) percent grouped into categories of 15% to
19.99%, 20% to 24.99% and 25% or greater. Slopes shall be determined
between two (2) foot contour intervals.
(c)
Geology. Describe and map the geologic formations and features
associated with the site as well as depth to bedrock conditions.
(d)
Vegetation. Describe and map the existing vegetation on the
site such as woodland, open field and wetland. Where woodlands are
delineated, indicate the forest type.
(e)
Wildlife Inventory. This portion of the site description and
inventory shall be prepared by an expert who is qualified and able
to recognize evidence of the presence of a species of flora or fauna
by sight, sound, sign and habitat. The qualifications of the expert
must be submitted with the report and must be deemed to be satisfactory
by the Planning Board. Such individuals would include, but not be
limited to, wildlife biologists or similar recognized experts in the
area of wildlife management. The Board may, at its sole discretion
and at the applicant's expense, retain an independent expert to accompany
the applicant's expert during site surveys and/or to review the wildlife
inventory or any portion thereof. The applicant's expert shall conduct
a search of publicly available literature and databases and identify
all reported habitat of a rare, threatened or endangered species located
within a radius of one-half (1/2) mile of the site. Based on one or
more site surveys, conducted in accordance with generally accepted
professional protocols, the most recent of which surveys shall have
been conducted not more than one (1) year prior to the submission
of a complete development application, identify habitat of any rare,
threatened or endangered species as defined by the State of New Jersey.
If habitat for any rare, threatened or endangered species has been
identified within a radius of one-half (1/2) mile of the site, identify
any areas within the site that constitute suitable habitat for each
such species. Actual or suitable nesting or breeding habitat shall
be specifically identified as such. If suitable nesting or breeding
habitat of a threatened or endangered species is identified on a site,
at least one site survey shall be performed during the peak nesting
or breeding period for that species to determine if that species is
actually nesting or breeding on the site. If evidence is detected
of the presence of any endangered or threatened species, or such evidence
has earlier been reported in a Township- or State- sanctioned survey
or study, the wildlife inventory shall set forth specific strategies
and procedures to protect and preserve any such endangered or threatened
species. Where the proposed development will significantly degrade
or destroy actual or suitable habitat of any endangered or threatened
species, the wildlife inventory will include or reference one or more
alternative conceptual development plans for the site which avoid,
minimize, or mitigate, to the extent feasible, such habitat degradation
or destruction.
(f)
Surface water. Describe and map existing watercourses and water
bodies that are partially or totally on the site and their relationship
to the area of land disturbance. Calculate existing surface runoff
from the site. When the natural drainage pattern will be significantly
altered, an analysis shall be conducted which will investigate flow,
depth, capacity and water quality of the receiving waters. Floodplain,
streams, stream encroachment, wetland areas and wetland transition
areas shall be mapped in consultation with New Jersey Department of
Environmental Protection. Existing drainage structures shall be mapped
and the capacity of the drainage network shall be determined.
(g)
Subsurface water. Describe the subsurface water conditions on the site both in terms of depth to groundwater and water supply capabilities of the site. Provide detailed information regarding existing wells within five hundred (500) feet of the site relative to depth, capacity and water quality as well as the water supply capabilities of the adjacent areas and the recharge capabilities of the site. Map all prime aquifer recharge areas (as defined in Section 13-7.825 of this Ordinance) on the site, delineating most permeable soils, most permeable surficial deposits and most productive aquifers. A listing of highly permeable soils is given in the Township's Natural Resource Inventory and in the Morris County Soil Survey. The location of highly permeable surficial deposits is available through the New Jersey State Department of Geology.
(h)
Sewer and water. Describe existing sewer facilities and water
supply.
(i)
Unique, scenic and/or historic features. Describe and map those
portions of the site that can be considered to have unique, scenic
and/or historic qualities.
(j)
Existing development features. Describe and map any existing
features on the site that are not considered to be part of the natural
environment. This may include, but not necessarily be limited to roads,
housing units, accessory structures, utility lines, etc.
(k)
Land use. Describe adjoining land uses.
(l)
Miscellaneous. When warranted, an analysis shall be conducted
on existing air quality, water quality and noise levels as prescribed
by the New Jersey Department of Environmental Protection.
3.
Impact Assessment. Discuss the probable environmental impacts the
project will have upon the site and on adjoining properties within
two hundred 200 feet thereof. A statement of the on-site and off-site
effect on the utilization of public facilities due to the subject
development shall be provided.
4.
Unavoidable Adverse Impacts. A listing and evaluation of adverse
environmental impacts and damages to natural resources which cannot
be avoided, with particular emphasis upon, but not limited to, air
or water pollution, increase in noise, damage to plant and wildlife
systems, increase in sedimentation and siltation, and storm water
runoffs.
5.
Off-site Impacts. A description and evaluation of the off-site impact
of the proposed development, both on a local and regional level.
6.
Environmental Performance Controls. Describe in detail what measures
will be employed during the planning, construction and operation phases
which will minimize or eliminate negative on-site and off-site impacts
that could result from the proposed project. Of specific interest
are:
(a)
Drainage plans which shall include but not be limited to soil
erosion and sedimentation controls. Drainage plans shall demonstrate
that all reasonable measures have been implemented to limit off-site
surface runoff to pre-development levels, both in terms of peak flow
and overall volume.
(b)
Sewage disposal techniques.
(c)
Water supply and water conservation proposals.
(d)
Site design techniques sensitive to the natural environment
which should include innovative landscape, building and circulation
design.
(e)
Energy conservation measures.
(f)
Noise reduction techniques.
(g)
Miscellaneous on-site and off-site improvements.
7.
Alternatives. Discuss what alternatives were considered both in terms of site design and project location. Indicate why an alternative was rejected if it would have resulted in a less negative impact than the subject proposal. If the proposed development does not fully comply with one or more of the Performance Standards set forth in Section 13-8.10 of this Ordinance, the EIS shall present one or more alternative conceptual plans which comply, to the extent feasible, with all applicable Performance Standards.
8.
Storm Water Management. A statement demonstrating that storm water
runoff from the site is so controlled that on-site and off-site erosion
is neither caused nor worsened and that the potential of downstream
and/or upstream flooding is not increased from the proposed development.
9.
New Jersey Worker and Community Right to Know Act. A listing of hazardous
and toxic substances to be used, stored, generated or manufactured
on-site and expected quantities shall be provided. The method of storage
and clean-up of potential spills of hazardous and toxic substances
shall be addressed.
10.
Licenses, Permits and Other Approvals Required by Law. The applicant
shall list all known licenses, permits and other forms of approval
required by law for the construction and operation of the proposed
project. This list shall include, but not be limited to, approvals
required by the municipality, as well as agencies of the County, State
and Federal governments. Where approvals have been granted, copies
of said approvals shall be attached. Where approvals are pending,
a note shall be made to that effect.
11.
Documentation. All publications, file reports, manuscripts or
other written sources of information related to the project, the project
site and the municipality which were consulted and employed in compilation
of the environmental impact statement shall be listed and footnoted
where appropriate. A list of all agencies and individuals from whom
pertinent information was obtained orally or by letter shall be listed
separately.
12.
Supplementation and Amendment. Where substantial changes are
made to the development plans subsequent to submission of the initial
complete application, the Board may require appropriate supplementation
and/or amendment of the EIS. The Board may, in its sole discretion
and at the applicant's expense, retain the services of an independent
expert to review the EIS, or any portion thereof, to advise the Board
relative to the sufficiency of the information presented therein and/or
as to the need for supplementation or amendment thereof. Where the
EIS presents alternative conceptual plans with respect to compliance
with Performance Standards or preservation of habitat of endangered
or threatened species, the Board may, in its sole discretion and at
the applicant's expense, retain an independent expert to propose additional
alternative conceptual plans for inclusion in the EIS and/or to analyze
the feasibility of alternative conceptual plans.
13.
Disposition. The Board shall not approve any development for
which an EIS is required by this article unless it determines and
finds that the proposed development will avoid, minimize, or mitigate
appreciable harmful effects to the environment to extent feasible
in the context of reasonable utilization of the property. The Board
shall approve waivers from Performance Standards only when the EIS
sustains a finding that either: (a) there are no feasible alternative
plans which are more compliant with the relevant Performance Standards,
or (b) all feasible alternatives identified as more compliant with
Performance Standards involve unacceptable adverse consequences in
terms of public welfare and/or the intent and purpose of the Township's
zoning and master plan. In making its decision, the Board shall give
due consideration to any recommendations of the Environmental Commission
or of suitably qualified professionals.
The Planning Board or Zoning Board of Adjustment, at its sole
discretion, may require the applicant of a preliminary major subdivision
or site plan to provide a traffic impact statement (TIS) prepared
by a qualified professional analyzing the proposed access and road
network within the development and the development's impact upon the
existing road network. Elements to be addressed shall include but
not be limited to: existing traffic volumes; the capacity of the existing
and proposed roadways; the anticipated traffic volumes as a result
of the proposed development as well as the increase in traffic volumes
expected from other developments within the area; peak hour traffic;
level of service (pre-development and post-development); traffic accident
statistics; problem spots in the overall road network including unsafe
intersections, turns or grades; availability of public transportation;
and traffic reduction methods including flexible work hours and car/van
pooling. The TIS shall include identification of roadway improvements
needed for all impacted intersections to operate at level of service
C or better. The Board, in its sole discretion and at the applicant's
expense, may retain an independent expert to review the TIS or any
portion thereof and/or to perform supplemental traffic counts. The
Board may require supplementation or amendment of the TIS to incorporate
the findings of its independent expert. The Board shall approve no
development for which the TIS indicates post-development level of
service less than C for any intersection without requiring the applicant's
pro rata contribution toward improvements needed to provide level
of service C.
The Planning Board or Zoning Board of Adjustment, as its sole
discretion, may require the applicant for a preliminary major subdivision
or site plan to provide an Educational System Impact Statement describing
and explaining the impact and effect of the proposed land development
upon the Township's education system. In determining whether or not
such a statement shall be required, the Board in question shall give
consideration to the character and size of the development and the
recommendations of the Township's Board of Education, if any.
The Planning Board or Zoning Board of Adjustment, at its sole
discretion, may require the applicant for a preliminary major subdivision
or site plan to provide a Community Impact Statement prepared by a
qualified professional analyzing the proposed development and its
expected impacts upon existing municipal facilities and services.
The following items shall be included:
A.
Population Impact. An analysis of the number of people expected to
be added to the municipal population as a result of the proposed development
according to the following age cohorts: pre-school aged children,
school aged children and adults.
B.
Facilities Impact. An analysis of the existing facilities available
to serve the proposed development and the impact of the development
upon the facilities, including the adequacy of existing recreational
facilities and library facilities. Should such facilities be determined
inadequate to serve the proposed development, the remedies proposed
by the applicant shall be indicated.
C.
Services Impact. An analysis of the existing service provided by
the municipality to serve the proposed development and the impact
of the development upon services, including police protection, fire
protection, solid waste disposal, and street maintenance services.
D.
Financial Impact. An analysis of the revenues expected to be generated
from the development compared to the anticipated costs which the proposed
development is expected to generate. Revenues and costs shall be shown
for the municipality, the municipal school system and the County.
The Planning Board or Zoning Board of Adjustment, at its sole
discretion, may require the applicant for a preliminary major subdivision
or site plan to provide a Noise Impact Statement prepared by a qualified
professional engineer and providing an analysis of the peak daytime
and evening noise levels in decibels expected to be generated by the
development as measured at the property line.
