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:
(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:
(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]
(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.
