This is an ordinance to require the submission
of a comprehensive and graphic statement regarding the impact upon
the environment and the municipal infrastructure of Harmony Township
of certain applications for development. This Article shall be known
and may be cited as the "Harmony Township Environmental Impact Statement
(EIS) Ordinance of 1987."
[Amended 4-5-1994 by Ord. No. 94-3]
The purpose of requiring an environmental impact
statement is to permit the Land Use Board and Environmental Commission
to assess the impact of a proposed project upon the environment and
to develop procedures to mitigate the impact, particularly with respect
to land, water, air, solid waste, aquatic and terrestrial wildlife,
social and economic life and aesthetics; to protect and preserve valuable
natural resources; and to reduce the frequency of structural damage
to public and private improvements by surface and subsurface subsidence.
[Amended 4-5-1994 by Ord. No. 94-3]
A. An environmental
impact statement is hereby required for all preliminary major subdivisions
and for all preliminary site plans involving any new structure or
off-street parking area.
B. An environmental
impact statement, as required herein, shall also be submitted covering
all public, or quasi-public, projects unless they are exempt from
the requirements of local law by supervening county, state or federal
law.
C. No application
for preliminary major subdivision or for preliminary site plan shall
be approved by the Land Use Board until the information required by
this article has been submitted to, reviewed and approved by the Board.
This Environmental Impact Statement Ordinance covers the most complex cases, and the entire contents may not be applicable to less complex projects. Therefore, an outline for discussion shall be submitted to the Land Use Board prior to the preparation of an environmental impact statement. The outline will address briefly the items described in §§
425-33 and
425-34 below and shall discuss which of these items are environmentally significant with regard to the proposed project. The discussion shall describe the depth of study for these items and how their environmental impact will be evaluated. Additionally, those items upon which the proposed project will have insignificant or no environmental impact shall also be discussed with the request that these items need not be addressed in the environmental impact statement. The Land Use Board will submit the outline to the Township Engineer. The approval of the outline does not relieve the applicant from including additional items of environmental impact, which may be revealed during the conduct of the impact statement, nor does it prevent the Land Use Board from including additional items, as necessary, at a later date.
When an environmental impact statement is required,
the applicant shall retain one or more competent professionals to
perform the necessary work. All applicable material on file in the
Township pertinent to local conditions shall be consulted. Any additional
material pertinent to evaluation of regional impacts shall also be
considered. Furthermore, as much original research as necessary shall
be conducted to develop the environmental impact statement. All environmental
impact statements shall consist of written and graphic materials which
clearly present the required information utilizing the following format.
The environmental impact statement shall include
the following:
A. Project description.
Indicate the purpose and scope of the proposed project. Enumerate
the benefits to the public which will result from the proposed project
and describe the suitability of the site for the intended use. A description
of the proposed project shall be presented to indicate the extent
to which the site must be altered, the kinds of facilities to be constructed
and the uses intended. The resident population, working population
and visitor population shall be estimated. The compatibility or incompatibility
of the proposed project shall be described in relation to the following:
(2) Master Plans
of adjacent municipalities.
(3) Warren County
Master Plan.
(4) Regional
and state planning guides.
(5) The State
Development Guide Plan, as amended.
(6) Other pertinent
planning documents.
B. Site description
and inventory. Provide a description of environmental conditions on
the site, which shall include the following items:
[Amended 4-5-1994 by Ord. No. 94-3]
(1) Types of
soils. List and describe each soil type on the site according to data
published in the Warren County Soil Survey and data obtained by test
pits or borings. Each soil type shall be identified and delineated
on a map of the site. If applicable, provide the results of percolation
testing. Where the soils with moderate or severe limitations exist
they shall be identified according to the category and severity of
limitation.
(2) Topography.
(a) Describe
the topographic conditions of the site. Slopes shall be classified
into the following classes:
0% to 10%
|
10% to 15%
|
15% to 25%
|
Greater than 25%
|
(b) The areal
extent of each class shall be shown and the area in acres or square
feet tabulated.
(3) Geology.
Describe the geologic formations and features associated with the
site. This data shall be provided in two phases as follows:
(a) Phase
1: compilation of existing data and preliminary analysis. The following
shall be provided for a distance of one-fourth (1/4) mile around the
perimeter of the property:
[1] Geologic
data as mapped by the New Jersey State Geological Survey, the United
States Geologic Survey or the New Jersey Department of Environmental
Protection and Energy (NJDEPE).
[2] Geologic
data on file as part of reports and other documents on file with the
Township and the County of Warren.
[3] Data
obtained from on-site soils investigations, whether in the form of
test holes, borings or other methods.
[4] Data
obtained resulting from the well search required below.
[5] The
type of bedrock and estimated depth of overburden.
[6] Delineate
those areas where bedrock is anticipated or known to be within two
feet of the subgrade, as well as major rock outcroppings.
[7] Aerial
photographic stereoscopic pair on which a fracture trace analysis
is shown.
[8] Location
and identification of the relationship of the site to the carbonate
rock strata and the carbonate rock drainage area within the Township.
The location of these areas shall initially be identified from the
locations shown on the geologic location map as part of the Master
Plan.
[9] A preliminary
analysis by a geologist experienced in the type of bedrock encountered
as to competency of the bedrock to accept the proposed development.
This shall particularly address itself to the potential for land subsidence
related to the fractures, cavities or other discontinuities in the
bedrock.
[10] An
opinion by a licensed professional engineer experienced in soils,
rock and foundation engineering of types similar to those encountered
on the site as to the suitability of the soils and bedrock for development.
[11] A
detailed soils and bedrock investigation program to be completed as
part of Phase 2 or documentation of the reasons for a complete or
partial waiver of the requirements set forth therein.
(b) Phase
2: geologic investigation program. In the event that the initial phase
of the geologic investigation reveals the presence of carbonate rock,
an additional in-depth analysis shall be made based on the subsurface
investigation program. The initiation of the program may await the
submittal and review of the data collection phase set forth above.
This phase shall consist of the following:
[1] Field
investigation.
[a] A field investigation which shall consist of, as a minimum, the obtaining
of borings at the number determined by the sum of the columns in the
following table. The number of borings required shall be sited at
locations appropriate to the determination of the soundness of the
underlying rock. Borings shall extend a minimum of 20 feet into competent
bedrock but not greater than 50 feet from the surface.
[b] Number of required tests.
Development Potential2
|
Number of Required Tests1 Foundations3
|
Basis of Required Tests Infrastructure4
|
Stormwater Management5
|
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Residential (dwellings)
|
|
|
|
1-10
|
1/5 D.U.
|
1/1,000 feet
|
2/basin
|
11-50
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1.5/10 D.U.
|
1.5/2,000 feet
|
2/basin
|
51 and over
|
1/10 D.U.
|
1/2,000 feet
|
1/basin
|
Nonresidential (square feet)
|
|
|
|
0-5,000
|
2/5,000 square feet
|
1/3,000 square yards
|
2/basin
|
5,001-10,000
|
3/10,000 square feet
|
1.5/5,000 square yards
|
2/basin
|
10,001 and over
|
1/5,000 square feet
|
1/5,000 square yards
|
1/basin
|
1The number of tests
is a summation of all columns in the appropriate row.
|
2 The number of dwellings
units for residential development or the area of buildings for nonresidential
development.
|
3 The number of dwelling
units or square footage for nonresidential development.
|
4 The length of roadway
for dwelling units and the area of impervious coverage for nonresidential
development.
|
5 The number of detention
basins on the site.
|
[c] Alternative methods of investigation may be used, such as but not
limited to percussion probes, seismic refraction, ground-penetrating
radar or magnetic, gravity or conductivity tests. Alternative testing
programs shall be developed to provide, as a minimum, the same data
which would be obtained from a test boring program.
[2] Results
of sampling, including the following:
[a] Classification of soils according to the unified soil classification
system.
[b] Classification of rock types and soundness.
[c] Logs of borings or other soil/rock investigations in a form as required
by AWWA C-100 Section 2.5 et seq.
[3] Identification
of features such as vegetative changes, seeps or groundwater discharge,
depressions, swales and other surficial indicators of unsound rock
strata.
[4] Mapping
to show the estimated surface elevation of the bedrock and the estimated
depth of overburden.
[5] Identification
of locations of fractures, faults, joints, cavities or other discontinuities
with the rock structure.
(4) Vegetation.
Describe the existing vegetation on the site. A map shall be prepared
showing the location of major vegetative groupings such as woodlands,
open fields and wetlands. Where woodlands are delineated, the forest
types shall be indicated.
(5) Wildlife.
Identify and describe any unique habitats of endangered or protected
species.
(6) Subsurface
water. Describe the subsurface water conditions on the site, both
in terms of depth to groundwater and water supply capabilities. The
location, drilling log and depth, for all existing wells in addition
to the capacity and water quality of all existing water wells on the
site and within one-half (1/2) mile of the site shall be indicated.
Data may be provided based on well searches performed by NJDEPE.
(7) Distinctive
scenic and/or historic features. Describe and map those portions of
the site that can be considered to have distinctive scenic and/or
historic qualities.
(8) Existing
development features. Describe 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, utilities lines, etc.
(9) Miscellaneous.
When warranted, an analysis shall be conducted of existing air quality
and noise levels as prescribed by the New Jersey State Department
of Environmental Protection.
C. Impact. Discuss
both the negative and positive impacts during and after construction.
Indicate those negative impacts that are unavoidable. The specific
concerns that shall be considered include the following:
[Amended 4-5-1994 by Ord. No. 94-3]
(1) Soil erosion
and sedimentation resulting from surface runoff.
(2) Flooding
and floodplain disruption.
(3) Degradation
of surface water quality.
(5) Reduction
of groundwater capabilities.
(9) Disruption
of wildlife habitats of endangered and protected species.
(10) Destruction
of scenic and historic features.
D. Environmental
remediation and mitigation procedures. Describe what measures will
be employed during the planning, construction and operation phases
which will minimize or eliminate negative impacts that could result
from the proposed project. Of specific interest are:
[Amended 4-5-1994 by Ord. No. 94-3]
(1) Drainage
plans which shall include soil erosion and sedimentation controls.
(2) Sewage disposal
techniques.
(3) Water supply
and water conservation proposals.
(4) Energy conservation
measures.
(5) Noise reduction
techniques.
(6) Geologic
features.
(a) Determine
the extent of geologic features which would affect the construction
of site improvements. Recommend changes to the site layout to avoid
the identified features.
(b) Develop
a plan and procedure for remediation and mitigation of any features
which may be encountered during the construction process.
(c) Determine
the extent of potential for adverse effects on the quality of surface
or subsurface water.
E. 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 development and operation of the proposed project. The list
shall include approvals required by the Township, 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.
F. Documentation.
All publications, file reports, manuscripts or other written sources
of information which were consulted and employed in compilation of
the environmental impact statement shall be listed. A list of all
agencies and individuals from whom all pertinent information was obtained
orally or by letter shall be listed separately. Dates and locations
of all meetings shall be specified.
G. Disposition by
the Board. The Board shall review the information furnished in the
environmental impact statement in the context of the overall design
of the proposed development and the relationship of the proposed development
to the environment. The information is to be used solely to help ensure
that the proposed development will cause no reasonably avoidable damage
to any environmental resource.
All applications for preliminary major subdivision
approval where more than 10 lots are proposed and all applications
for preliminary site plan approval shall be accompanied by a community
impact statement analyzing the proposed development and its expected
impact upon the existing facilities and services. The information
furnished within the community impact statement shall serve to influence
the design of the proposed development so that the provision of necessary
municipal facilities can be anticipated and coordinated with the construction
of the proposed development. If the appropriate municipal authorities
fail to supply the applicant with the requested statements as set
forth below, the requirement for such statements shall be determined
to have been waived.
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: preschool-aged children, school-aged children,
parents of family-bearing age, middle-aged adults and retired people.
B. School impact.
An analysis of the anticipated number of pupils who will be added
to the student population in the municipality and a statement by the
relevant school authorities as to the ability of the existing public
school facilities to absorb the expected student population during
a ten-year time period and the expected cost of any required building
additions and/or increased teaching staff.
C. Facilities impact.
Statements by the relevant authorities as to the adequacy of the existing
facilities available to serve the proposed development dependent upon
such facilities, including the adequacy of existing public water facilities;
public sewerage facilities; recreational facilities; and library facilities.
Should such facilities be determined to be inadequate to serve the
proposed development, the applicant shall indicate remedies, either
expected from other sources or proposed by the applicant, or any combination
thereof, along with the estimated costs for any additional facilities
proposed by the applicant.
D. Services impact.
Statements by the relevant authorities as to the adequacy of the existing
services proposed by the Township to serve the proposed development
and the impact of the development upon the services, including police
protection; fire protection; solid waste disposal; and street maintenance
services.
E. Traffic impact.
An analysis of the existing road network available to serve the proposed
development, as well as the proposed road network within the development
itself and the surrounding road network which will be affected by
the proposed development, including 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; and any problem
spots in the overall road network including unsafe intersections,
turns or grades.
F. 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.
In reviewing an environmental impact statement,
the Land Use Board shall take into consideration the effect of the
proposed project upon all aspects of the environment, including but
not limited to sewage disposal, water quality, water supply, preservation
of trees and vegetation, protection of water courses, protection of
air resources, protection of aquifers, protection of public lands
and their uses and ecosystems and the creation of any nuisance factors.
The Land Use Board shall submit the environmental impact statement
for review to the Environmental Commission and may submit such statement
to such other governmental bodies and to such consultants as it may
deem appropriate. The Land Use Board shall request that an advisory
report shall be made to it by the governmental body or consultant
within 45 days for the submission of the environmental impact statement
to such governmental body or consultant. The Land Use Board shall
reject the proposed project of the environmental basis only if it
determines that the proposed project will result in appreciable harm
to the natural environment, has not been designed with a view toward
the protection of natural resources, will place an excessive demand
upon the total resources available for such project and for any future
projects or will result in reasonably avoidable damage to any environmental
resource.
[Amended 4-5-1994 by Ord. No. 94-3]
The applicant shall pay to the Township a fee
at the time the environmental impact statement is submitted to cover
the cost of providing reviews and inspections required by this article.
The fee will be based upon the following formula:
A. Residential development:
number of residential units times $25, with a minimum fee of $200.
B. Nonresidential
development: number of acres times $25, with a minimum fee of $200.
C. The applicant
shall also pay to the Township a fee to be determined to cover the
cost of providing reviews and inspections relating to the assessment
of the data and analysis relating to the geological investigation
program, which fee shall cover, when required, the cost of a geotechnical
consultant to be employed by the Township for the purpose of an independent
review and report to be submitted to the Land Use Board.
[Added 4-5-1994 by Ord. No. 94-3]
The review and inspections associated with the
analysis of the geological investigation program shall create no liability
on behalf of the municipality, the municipal engineer, the municipality
geotechnical consultant, municipal employees or municipal agencies
as to damages which may be associated with the formation of sinkholes
or subsidence.