Township of Andover, NJ
Sussex County
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Table of Contents
Table of Contents
A. 
In order that the Township may assess the impact of a proposed development upon the natural environment, particularly with respect to potable water, pollution of all kinds, flooding and waste disposal, the application for site plan review shall be accompanied by an environmental impact statement, when required herein, as prepared by qualified and licensed professionals, which shall contain information and analysis covering the items hereinafter set forth. The appropriate Township body, as part of its plan review procedures, shall take into consideration the effect of the applicant's proposal upon all aspects of the environment, including but not limited to sewage disposal, water quality, water supply, soil erosion, preservation of sites of historic or architectural significance, preservation of trees and vegetation, protection of watercourses, protection of air resources and protection of aquifers, traffic impact and the presence of any nuisance factors. The appropriate Township body shall not approve any submission hereunder unless it determines and finds that the proposed development:
(1) 
Shall not result in appreciable harmful effects to the natural environment.
(2) 
Has been designed and conceived with a view toward the protection of natural resources.
(3) 
Shall not place a disproportionate or excessive demand upon the total resources available to such proposal and for any future proposals.
B. 
The appropriate Township body may upon application and for good cause waive the requirement for an environmental impact statement or for any of the specific requirements relating thereto as set forth in this section.
An environmental impact statement shall be submitted as part of the site plan review submission requirements if the development proposal satisfies one or more of the following criteria:
A. 
Property is identified in the Master Plan, Page 33, "Development Limitations Map," as characterized by severe limitations and/or moderately severe limitations.
B. 
Property contains 50 or more acres.
C. 
Property contains 50 or more lots to be subdivided.
D. 
Property is classified as a planned development.
E. 
Commercial and industrial developments.
F. 
Proposed use may have an adverse effect upon any of the categories listed below or these features of the development may produce an adverse impact upon the property or surrounding properties:
(1) 
Description of development and surrounding area.
(2) 
Sewage disposal effect.
(3) 
Water supply.
(4) 
Drainage.
(5) 
Refuse disposal.
(6) 
Air impact.
(7) 
Critical impact areas: streams, wetlands, extreme slopes, vegetation.
(8) 
Noise impact.
(9) 
Construction impact.
(10) 
Alternate measures.
(11) 
Marketability.
(12) 
Traffic impact.
The reviewing municipal board may require an environmental impact statement in accordance with § 131-12 above. The environmental impact statement, when required, shall contain the following:
A. 
Description of development.
(1) 
A plan and description of the building/development including but not limited to the following:
(a) 
Existing contours based on accepted datum.
(b) 
Contours as constructed.
(c) 
Existing buildings on site and within 100 feet.
(d) 
New buildings.
(e) 
Existing roads.
(f) 
New roads.
(g) 
Paved areas and their fraction of total site.
(h) 
Natural streams or natural drainage within or adjacent to the property or within 100 feet of the property.
(i) 
The project's relation to surrounding property and utilities.
(j) 
The method and schedule of constructions including grading and clearing (in accordance with Sussex County Soil Conservation District regulations).
(k) 
Solid waste generation and disposal, including mitigation and recycling in compliance with New Jersey state law.
(l) 
Proposed wastewater treatment.
(m) 
Noise generation or impact and use of buffers.
(n) 
Smoke or other air pollution generated by heating or business activities.
(o) 
Lighting characteristics, including placement of outside illumination, its coverage and provisions for illumination control in time and space.
(p) 
Solar encumbrance: shading and reflections from structure in relation to adjacent properties.
(2) 
Inventory of existing environmental conditions which shall include:
(a) 
Surface and/or ground water quality:
[1] 
pH;
[2] 
Chlorides;
[3] 
Hydrocarbons;
[4] 
Suspended solids.
(b) 
Air quality.
(c) 
Noise characteristics and levels (with respect of NJDEP standards and N.J.A.C. regulations 7:9, 7:27, 7:29 and subsequent amendments).
(d) 
Soils and properties thereof including capabilities and limitations.
(e) 
Topography.
(f) 
Slopes.
(g) 
Slope stabilities.
(h) 
Terrain.
(i) 
On- and off-site sewer systems.
(j) 
Vegetation (type, density and location, particularly of all trees).
(k) 
Architectural design and relation to adjacent structures.
(l) 
Historical and archaeological sites on property.
(m) 
Land use aesthetics.
(3) 
If the Township has prepared an environmental and historical or archaeological inventory in connection with its Master Plan or for other purposes, the applicant may rely upon that inventory under this section, to the extent that the inventory is applicable to the property in question.
B. 
Sewage facilities. It shall be shown that sewage can be disposed of through facilities adequate to preclude water pollution.
(1) 
The facility shall comply with state and municipal board of health regulations.
(2) 
The type or types and volume of sewage effluent shall be specified.
(3) 
The type and method of treatment for the proposed treatment facility shall be described.
(4) 
If disposal is not to be in a stream, detailed data shall be supplied on underlying geology, plus a current and complete soil analysis, percolation tests for every five acres, elevation of the water table for each five acres if within 12 feet of proposed final contour, or certification that it is not within 12 feet of proposed final contour, and areas overlying except in aquifers the requirement shall be 15 feet. This determination shall be made by an approved method by a professional engineer. The following information shall also be supplied:
(a) 
Topography.
(b) 
Location of aquifers.
(c) 
Depth and capacity of all wells within 500 feet of site.
(d) 
Any other pertinent data.
(5) 
If disposal is off-site, the following information shall be supplied:
(a) 
Plant design capacity.
(b) 
Monthly average flows for past 12 months.
(c) 
Enforcement action against plant.
(d) 
Capacity of plant to treat industrial or commercial wastes, if applicable.
(e) 
Receiving water quality standards.
(f) 
Stream quality data from state, federal or private sources.
(g) 
Stream flow, minimum average seven-consecutive-day flow with a frequency of occurrence of 10 years.
(h) 
Plans for sewage treatment facility; local plans.
(i) 
State regional planning policy, including interim basin plan.
(j) 
Flows expected from other approved subdivisions which are dependent upon sewage treatment facilities in question.
(6) 
The environmental impact statement shall contain a conclusion, by a qualified professional, as to the impact of the above mentioned environmental elements.
C. 
Water supply.
(1) 
It shall be shown that an adequate potable water supply is available and that drawing that supply shall not threaten the use of other land nearby.
(a) 
The plan shall be in compliance with state and local regulations.
(b) 
If supply is from public or private facilities off-site, the following data shall be supplied:
[1] 
Amount of diversion granted by the Division of Water Resources, maximum gallons of water pumped during any month.
[2] 
Present diversion, maximum gallons of water pumped during the past 24 months.
[3] 
Diversions expected from other approved subdivisions which are dependent upon the present diversion granted by the Division of Water Resources.
(c) 
If supply is from on-site sources, the following information shall be supplied:
[1] 
Location and depth of all private and public water supplies within 500 feet of the realty improvement.
[2] 
Location, depth and adequacy of proposed private or public water supplies to serve the proposed realty improvement.
[3] 
Geologic description of subsurface conditions including expected groundwater yields, using published geologic reports or report by a geologist.
(2) 
No preliminary approval shall be granted until the Division of Water Resources has determined that the proposed water supply and sewage disposal facilities are adequate when such determination is requested by an appropriate Township body.
D. 
Drainage. A demonstration that stormwater runoff from the site is so controlled that on- and off-site erosion is neither significantly produced nor worsened and that the potential of adjacent or downstream flooding is not significantly increased, including the following:
(1) 
Volume and peak flow rates of stormwater runoff now existing and that to be generated by new improvements, which shall include volumes and rates for ten- , twenty-five- and one-hundred-year storm frequencies having durations producing maximum flow rates before and after the proposed development. Such data shall apply to the site in general and reflect the magnitude of change in runoff and need not cover each and every reach of the entire drainage system.
(2) 
Data on landscaping, vegetation, trees and ground cover existing on the site, compared with that proposed.
(3) 
Changes of runoff rates and volumes to be caused by changes in land use and the time of concentration.
(4) 
Plans for disposition of stormwater, whether by retention on the site or by means of extant or planned storm sewer interconnection.
(5) 
Stream encroachments; permit as required by the Division of Water Resources.
(6) 
Description of potential flood damages including a summary of flood stages from state and federal sources.
(7) 
Submission of a sediment and erosion control plan drawn in accordance with the guidelines and standards adopted by the Township.
E. 
Refuse disposal. There shall be a plan for refuse disposal in compliance with the state and Township requirements and codes.
F. 
Air impact. It shall be shown that there are no deleterious effects to air quality caused by smoke, gases, discernible odors, deleterious chemical changes, particle matter or changes produced by heat, incineration or processing of materials. A chart showing before-and-after ambient air quality shall be submitted.
G. 
Assessment of environmental impact of project.
(1) 
Impact of the project on the existing environment as described in Subsection A(2) above. Plans and narratives shall describe any area, condition or feature which is environmentally sensitive, or which would be adversely affected if disturbed during construction. Critical impact areas include, but are not limited to, stream corridors, streams, wetlands, estuaries, slopes greater than 15%, highly acid or highly erodible soils, areas of high water table, mature stands of native vegetation, and aquifer recharge and discharge areas. Impact of the project on the existing environment shall be shown, including the following:
[Amended 2-28-2006 by Ord. No. 2006-7; 5-29-2007 by Ord. No. 2007-7]
(a) 
Soil and geological stability.
(b) 
Erosion.
(c) 
Water infiltration.
(d) 
Streams and drainage.
(e) 
Vegetation.
(f) 
Neighbors and neighborhood.
(2) 
Data submitted to other agencies and authorities, including but not limited to the NJDEP, Sussex County Health Department and the Sussex County Soil Conservation District, and a listing of all permits and licenses and approvals required and the status of each.
(3) 
Evaluation of environmental impacts during and after construction including but not limited to:
(a) 
A list of impact or damages to the environment or natural resources on or adjacent to the property, and a statement as to duration of same.
(b) 
Increase in noise.
(c) 
Damage to plants and trees.
(d) 
Displacement or disruption of people, businesses, and transportation.
(e) 
Increase in municipal services.
(f) 
A list and description of measures taken to eliminate or mitigate adverse effects.
H. 
Noise impact. It shall be shown that the use shall not create a deleterious or objectionable noise, either on or off site. A chart shall be submitted indicating the ambient noise level measured in decibels, on site and at property boundary lines. The noise generators shall be identified by type and decibel level.
I. 
Construction impact. There shall be supplied a plan of construction, outlining timing and phasing, traffic generated, number of workers, and any impact relating to noise, air, water or other relevant temporary changes in the natural environment.
J. 
Alternative measures. As part of the environmental impact statement consideration shall be given to reasonable alternatives obviating environmental impact problems. List the irretrievable and irreversible effects of the development upon the environment and discuss alternatives for amelioration of these effects.
K. 
Marketability of proposed use. There shall be a description of how the proposed use of the site relates to the general market of similar uses in the Township and the region within which the Township is located.
L. 
Traffic impact. There shall be a description of how the proposed use will affect the area's traffic volume and pattern. An estimate of the number of vehicle trips per day emanating from and entering onto the site shall be supplied along with the details of the method of computation.
M. 
Fire protection. There shall be a description of the uses proposed at the site, and a detailed description of any flammable or extra hazardous materials to be stored on or included in the construction of the site. Any materials emitting toxic or irritating fumes when burned shall be described in detail. All materials when burned requiring special measures or substances to extinguish the fire shall be described in detail along with the appropriate method of extinguishing said materials when burned. The height of the proposed structure shall be considered and the capabilities of the existing Township Fire Department shall be addressed along with the need for any additional fire-fighting equipment.
N. 
Police protection. The application shall address the need for any additional police protection, traffic direction, or other Township police services which will be required as a result of the development.
O. 
Emergency health services. The application shall describe in detail the need for emergency health services such as ambulances and first aid squads to serve the development. The need for any increase over the existing available services shall be outlined in detail and the reasons for any such increase shall be set forth. If emergency health services will be utilized on a regular basis, a detailed computation of the frequency of the services required and the nature of the services required shall be included along with the method of computation of same.
P. 
Community impact. If the proposed development will have any other substantial impact on the community, a detailed description of the impact and its source, along with methods of dealing with the same, shall be included.
Q. 
Townhouse standards. Townhouses shall comply with the standards contained in Subsection 15-6.1[1] of the Zoning Ordinance of the Township of Andover.
[1]
Editor's Note: This refers to a subsection of the Zoning Ordinance as it existed prior to its readoption by Ord. No. 2001-10; no comparable section appears to exist in the current Zoning Ordinance.
R. 
Protection of freshwater wetlands and streams. In the event that there are freshwater wetlands or streams on the site, the applicant shall comply with the provisions of § 159-11L of Chapter 159, Subdivision of Land, which is declared applicable to site plans and is incorporated herein by reference.