[HISTORY: Adopted by the Township Council of the Township of Pohatcong 4-11-2000 by Ord. No. 00-17. Amendments noted where applicable.]
GENERAL REFERENCES
Historic Preservation Society — See Ch. 32.
Land use procedures — See Ch. 45.
Certificates of Occupancy — See Ch. 108.
Critical geologic areas — See Ch. 115.
Hazardous materials — See Ch. 158.
Off-tract improvements — See Ch. 199.
Quarrying — See Ch. 213.
Site improvement standards — See Ch. 224.
Soil erosion and sediment control — See Ch. 233.
Subdivision and site plan review — See Ch. 245.
Zoning — See Ch. 285.
This chapter shall be referred to as the "Environmental Impact Statement Ordinance."
No application for preliminary major subdivision approval or preliminary site plan approval shall be approved by the Planning Board of the Township of Pohatcong unless said Board affirmatively determines, after an environmental appraisal and with the advice of the Pohatcong Environmental Board Engineer, that the proposed project:
A. 
Will not result in a significant adverse impact on the environmental.
B. 
Has been conceived and designed in such a manner that it will not significantly impair natural systems or processes.
C. 
Will not place a disproportionate or excessive demand upon the total resources available to the project site and to the impact area.
A. 
To facilitate the environmental appraisal, all applications specified hereinabove in § 140-2 not specifically exempted by said Board shall prepare and submit an environmental impact statement (EIS) or an application for waiver of the EIS requirement.
B. 
An outline for discussion may be submitted to the Planning Board prior to the preparation of an environmental impact statement. Such outline shall address briefly the items proscribed for the environmental impact statement and shall discuss which of these items are, in the applicant's judgment, environmentally significant with regard to the proposed project. The discussion shall describe the depth of the study proposed for these items and how their environmental impact will be evaluated. Additionally, those items upon which the proposed project will have significant or no environmental impact shall be discussed and the applicant may request that these items be excluded from the environmental impact statement. Approval of the outline will not relieve the applicant from the including additional items of environmental impact which may be revealed during the conduct of the impact analysis nor does it prevent the Planning Board from including additional items as necessary at a later date.
C. 
Said Board may waive any or all of the requirements for an environmental impact statement, if sufficient evidence is submitted by the developer to support, in the sole judgment of the Planning Board, a conclusion that the proposed project will have a negligible environmental impact or that a complete environmental impact statement need not be prepared in order to adequately evaluate the environmental impact of the proposed project.
Applicants shall discuss and analyze in the environmental impact statement those factors set forth hereinafter for the proposed project and any other factors pertinent to the proposed project. Applicants 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. As much original research as necessary shall be conducted by the applicant and at the applicant's expense develop the environmental impact statement. In general:
A. 
The environmental impact statement shall include a description of the proposed project, with suitable sketches and plans, indicating the purpose and scope of the project. This item shall summarize, rather than duplicate, the site plan and building plan, shall enumerate the benefits to the public which will result from the proposed project and shall describe the suitability of the site for the intended use. The description of the proposed project shall 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 Township Master Plan, the Master Plans of adjacent municipalities, the Warren County Master Plan, the State Master Plan and any other pertinent planning documents.
B. 
The applicant shall submit a survey and description of the environmental features of the property on which the proposed project is to be located. The applicant may utilize resource information available from the Township, Warren County Planning Board, Warren County Soil Conservation District and any other agencies. Generally the inventory will consider:
[Amended 4-15-2003 by Ord. No. 03-4]
(1) 
Air quality.
(2) 
Topography.
(3) 
Surface water bodies.
(4) 
Surface water quality.
(5) 
Wetlands, including wetlands flora.
(6) 
Aquatic biota.
(7) 
Soils.
(8) 
Geology.
(9) 
Groundwater quality, availability and depth.
(10) 
Location, depth, and capacity of existing water supply wells on or within 500 feet of the site.
(11) 
Vegetation.
(12) 
Wildlife.
(13) 
Endangered and threatened species.
(14) 
Archaeological, historical and scenic features.
(15) 
Forest vegetation classified by type and age. The distribution of types and classes shall be indicated on a map having a scale of one inch equals 100 feet. The location, species and diameter at six feet above the ground of all isolated trees of four inches or more shall also be shown, except that where trees are in mass, only the limits thereof, if proposed to remain, need be shown or, if proposed for removal, only trees over nine inches in diameter need be shown.
(16) 
Current land use of the property and adjacent properties within 500 feet shall be shown on a separate map.
(17) 
Existing features such as roads, houses, accessory structures, outbuildings, utility lines, etc. not considered part of the natural environment shall be described or mapped.
C. 
The applicant shall submit an estimate of the flow of sewage, process water or other wastewater expected from the proposed development.
(1) 
If on-site disposal is proposed, the applicant shall indicate topography, soils and underlying geology, including the water table, aquifer recharge area and all wells within 500 feet of the disposal area and shall include all soil logs and results of required percolation tests.
(2) 
If disposal is to an existing or new private or public treatment facility, the owner of the plant or facility, its location and the location of existing collection points to which the proposed project would be connected shall be identified. The applicant shall document that any expected flows from the proposed development will be accepted and treated at the facility.
(3) 
Applicants shall document compliance with all applicable federal, state, county and municipal health regulations and groundwater standards.
D. 
The applicant shall submit an estimate of all influent water requirements and evaluate the impact of the proposed plan on the water resources.
[Amended 4-15-2003 by Ord. No. 03-4]
(1) 
If water is to be supplied from the site and the plan includes six or more dwelling units or if the total projected demand is in excess of 2,000 gallons per day, the environmental impact statement shall substantiate and explain the anticipated demand, present evidence that the aquifer can yield the amount of water proposed to be withdrawn and assess the effect of proposed withdrawals on existing and proposed wells and surface water bodies within the predicted cone of depression. As part of the assessment the applicant shall be required to install a test well and conduct a step drawn down test and an aquifer test in accordance with New Jersey Department of Environmental Protection (NJDEP) and New Jersey Geological Survey (NJGS) procedures.
(2) 
If the plan includes 25 or more dwelling units or if the total projected water demand is in excess of 100,000 gallons per day from on- or off-site sources, new or existing, the applicant shall, in addition to the information required in Subsection D(1) above, document all permits which are required, including a diversion permit from the New Jersey Department of Environmental Protection and withdrawal permit from the Delaware River Basin Commission. The appropriate permit(s) shall be obtained and copies shall be provided to the Planning Board as a condition of subdivision or site plan approval along with copies of any resource information provided to the New Jersey Department of Environmental Protection and the Delaware River Basin Commission.
(3) 
The EIS shall include the installation of monitoring wells or piezometers at sufficient locations to identify the depth to groundwater and the rate and direction of groundwater flow. The location of the monitoring wells and results shall be provided.
(4) 
The EIS shall provide a chemical analysis of the existing groundwater at the site and of the surface water body located nearest to the site. The results should be compared with the water quality criteria established by NJDEP for groundwater, safe drinking water, and surface water.
(5) 
The EIS shall document measures to be taken to ensure that the construction of the project will not degrade groundwater quality or surface water quality. The documentation shall include but not be limited to an analysis of anticipated pollutant loadings and the assimilative capacity of the water body, the use of structural and nonstructural measures to limit the discharge of contaminants from the site and the employment of best management practices (BMP's) to limit the source of contaminants.
(6) 
If the project includes the storage or manufacturing of toxic or hazardous substances, an explanation of the activity should be provided, including provisions for ensuring surface and ground water quality.
(7) 
On sites located within the Carbonate Area District as defined in the Township's Critical Geologic Areas Ordinance,[1] the EIS shall address how groundwater quality will be protected, especially in areas where there is evidence of sinkhole activity, faulting, fracturing of the rock, and where limestone is shallow.
[1]
Editor's Note: See Ch. 115, Critical Geologic Areas.
E. 
The applicant shall submit data establishing the rate and volume of stormwater runoff and identify the receiving bodies for such runoff under original natural conditions, during site construction and after construction is completed. On-site retention or detention or other techniques for reducing the impact of peak storm flows and controlling or mitigating down gradient flooding shall be provided in accordance with the requirements in Chapter 224, Site Improvement Standards. Flood hazard areas boundaries shall be clearly indicated on the plans, and applicants shall document compliance with all applicable stormwater and floodplain regulations.
F. 
Applicants shall document compliance with steep slope regulations and practices, with soil erosion and sedimentation control regulations, especially as regards construction site management of soil erosion and stream encroachment. No diversion of or encroachment on a stream shall be approved unless the applicant shall demonstrate prior approval of such diversion or encroachment by the New Jersey Department of Environmental Protection, and notwithstanding such approval, the certification of the Pohatcong Planning Board Engineer that the environmental impact of such diversion or encroachment is acceptable shall be required before site plan approval. Resource information supplied to the New Jersey Department of Environmental Protection to support an application for a stream encroachment permit shall be supplied as part of the environmental impact statement.
G. 
The environmental impact statement shall discuss waste production and disposal. Volumes of solid and liquid waste to be produced and how they shall be managed, treated and disposed of shall be addressed. Any hazardous materials to be used on the site, other than those quantities normally used in the home, and any hazardous wastes to be produced or handled on the site shall be discussed in detail. Full compliance with state, county or municipal solid or hazardous waste regulations shall be documented.
H. 
The environmental impact statement for any nonresidential development or for residential development of three homes or more shall discuss sources, locations and emission quantities and rates for any furnace or other device in which coal, fuel oil or other combustible materials will be burned. Sources of air pollutants such as vehicles attracted to or using the facility shall be documented. Where state or federal air quality permits are required, documentation of permit applications and all resource information supporting such applications shall be included in the environmental impact statement.
I. 
The environmental impact statement for all nonresidential developments shall include a discussion of noise levels and, where warranted, noise reduction or abatement techniques proposed.
J. 
Wetlands delineation shall be provided as part of the environmental impact statement. If approval by the United States Army Corps of Engineers is required, site plan approval shall be contingent upon such approval. The Township Environmental Commission and/or Planning Board shall be empowered to required development applicant to secure from the New Jersey Department of Environmental Protection a Letter of Interpretation (LOI) confirming the classification and delineation of any wetlands existing on a proposed development site which the Township Environmental Commission or Planning Board has a reasonable basis to believe is attended by New Jersey Freshwater Wetlands.
K. 
Historical, archaeological and scenic features associated with the site shall be discussed. The environmental impact statement shall address such questions as the architectural merit of structures which may be impacted, the historical significance of the site or of structures on it, especially as regards American Indian settlement of the site, association of the site with historical activities such as original settlement of the region, Indian wars, the American Revolutionary War, or historical people, or any historically, archaeologically or aesthetically significant structures or features. Applicants shall indicate steps proposed to preserve scenic treasures or historically or archaeologically significant finds should any be uncovered during development.
L. 
The environmental impact statement shall list measures proposed to protect the environment should the project be approved. This discussion shall pay particular attention to measures which will avoid or minimize adverse impacts on the natural environment of the site and its surrounding features and structures during construction. Protective measures proposed for the operation phase shall be listed separately.
M. 
The environmental impact statement shall summarize, without discussion, the potential adverse environmental impacts which cannot be avoided by implementation of the project. Short-term and long-term impacts shall be distinguished from irreversible impacts. Impacts on streams, floodways, flood hazard areas, wetlands, slopes of 20% percent or greater, highly acidic soils, highly erodible soils, areas of unusually high water table, aquifer recharge areas and stands of mature trees shall be identified as critical impacts.
N. 
The environmental impact statement shall open or close with a concise summary of the environmental impact, which shall discuss negative and positive environmental effects of the project should it be approved, public benefits if any which the proposed project may bring, alternatives to the project, including the no-action alternative, which might avoid some or all of the environmental impacts, and the reasons for nonacceptance of these alternatives.
A. 
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 Warren County, the State of New Jersey or the federal government. Where approvals have been granted, copies of such approval shall be appended to the environmental impact statement. Where approvals are pending, status of the application shall be noted.
B. 
Copies of all documentation supporting permit applications made with respect to the proposed project to agencies of Warren County, the State of New Jersey or the federal government shall be amended to the environmental impact statement or shall be freely available on demand to the Planning Board or the Planning Board Engineer.
C. 
All publications, file reports, manuscripts or other written sources of information which were employed in the development of the environmental impact statement shall be listed within the statement. All agencies and individuals from whom information, either written or oral, was obtained for the environmental impact statement shall be listed within the statement. Dates and locations of meetings with such agencies or individuals shall be specified.
The environmental impact statement for all applications for preliminary major subdivision approval where more than 10 lots are proposed and all applications for preliminary site plan approval shall include a community impact statement analyzing the impact which the proposed development may reasonably be expected to have upon existing facilities and services of the community. The community impact statement, where required, shall include but not be limited to:
A. 
Analysis of population impact in such groups as preschool, school, parents of childbearing age, and retired or elderly persons.
B. 
Analysis of impact on schools and public library facilities.
C. 
Effects on public water supply facilities.
D. 
Effects on sewerage and recreational facilities.
E. 
Impacts on police, fire protection, street maintenance and solid waste water disposal services.
F. 
Impact on traffic movement and the road network.
G. 
Impact on municipal finances and the municipal or regional school budget.
If all or any portion of the property to be developed is located within the Carbonate Area District, as defined on the Township's Carbonate Area District Map, in addition to the provisions of this chapter, the applicant shall be required to comply with the provisions of Chapter 115, Critical Geologic Areas.
The applicant shall pay to the Township, at the time the environmental impact statement is submitted, a review fee to cover the costs of reviews and inspections required by this chapter. The fee shall be calculated in accordance with Chapter 45, Land Use Procedures.
The applicant shall, simultaneously with its submission to the Planning Board, file an informational copy of the environmental impact statement with the Township Environmental Commission and the Township Historic Commission. These bodies shall promptly review the environmental impact statement and report thereon in writing to the Planning Board.
The Planning Board shall review an environmental impact statement submitted in support of an application for preliminary major subdivision or preliminary site plan approval within the time periods defined in Chapter 45, Land Use Procedures, for subdivision and site plan review applications. The Planning Board shall grant the application only if it can be reasonably concluded from the report as presented and from such other expert evidence as may be available to the Planning Board that the project as applied for will have no reasonably avoidable significant adverse effect on the environment of Pohatcong Township.