[Added 10-16-1987 by Ord. No. 0:87-15]
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:
(1) 
Township Master Plan.
(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
Residential (dwellings)
1-10
1/5 D.U.
1/1,000 feet
2/basin
11-50
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.
(4) 
Groundwater pollution.
(5) 
Reduction of groundwater capabilities.
(6) 
Sewage disposal.
(7) 
Solid waste disposal.
(8) 
Vegetation destruction.
(9) 
Disruption of wildlife habitats of endangered and protected species.
(10) 
Destruction of scenic and historic features.
(11) 
Air quality degradation.
(12) 
Noise levels.
(13) 
Energy utilization.
(14) 
Geologic 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.