Green Township City Zoning Code
ARTICLE XI
Environmental Impact Statement
§ 30-19.1 Purpose.
[1979 Code § 64-72; Ord. No. 2-97; Ord. No. 2017-02]
The purpose of requiring an environmental impact statement is to permit the Planning Board 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.
§ 30-19.2 Applicability.
[1979 Code § 64-73; Ord. No. 2-97; Ord. No. 10-97 § 73; Ord. No. 2017-02]
a.
An environmental impact statement is hereby required for all preliminary major subdivisions and for all preliminary site plans involving any new building or off-street parking area and for soil removal.
b.
No application for preliminary major subdivision or for preliminary site plan shall be approved by the Planning Board or Board of Adjustment until the information required by this Article has been submitted to, reviewed, and approved by the Board.
§ 30-19.3 Filing Requirements.
[1979 Code § 64-74; Ord. No. 2-97; Ord. No. 2017-02]
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 prepared by the applicant and submitted to the Planning Board prior to the preparation of an environmental impact statement. The outline will address briefly the items described in § 30-19.4 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 impacts 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 Planning Board will submit the outline to the Planning Board 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 Planning Board from including additional items, as necessary, at a later date.
§ 30-19.4 Submission.
[1979 Code § 64-75; Ord. No. 2-97; Ord. No. 10-97 § 74-77; Ord. No. 2017-02]
a.
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.
b.
Sewage Facilities. It must be shown that either there will be no sewage runoff from the site of the proposed development or that sewage can be disposed of through facilities adequate to preclude water pollution. Copies of all data submitted to the appropriate jurisdiction, whether this be the Sussex County Health Department or the NJDEP or both, shall be submitted for the application.
c.
Water Supply. It must be shown that an adequate potable water supply is available and not threatened by nearby use of other land.
1.
If supply is from public facilities off-site, including private water companies, show:
(a)
Amount of diversion granted by the Division of Water Resources, maximum gallons of water pumped during any month.
(b)
Present diversion, maximum gallons of water pumped during the past 24 months.
(c)
Diversions expected from other approved developments which are dependent upon the present diversion granted by the Division of Water Resources.
2.
If supply is from on-site sources, show:
(a)
Location and depth of all private and public water supplies within 500 feet of the realty improvement.
(b)
Location, depth and adequacy of proposed private or public water supplies to serve the proposed realty improvement.
(c)
Geological description of subsurface conditions, including expected groundwater yields, using published geologic reports or report by a geologist.
d.
Drainage. It must be shown that stormwater runoff from the site is so controlled that the potential for downstream flooding is not increased. Show:
1.
Volume of stormwater runoff now existing from site and volume to be generated by new improvements.
2.
Data on landscaping, vegetation map and tree and ground cover existing on site compared with that proposed.
3.
Changes of runoff to be caused by changes of landscape and all roofs and paved surfaces.
4.
Plans for disposition of stormwater, whether by retention on site or means of channeling so as to protect downstream property.
6.
Floodplains. Delineation of the floodway and flood fringe of all streams and rivers on or adjacent to the site and description of potential flood damages, including a summary of flood stages from State and Federal sources.
e.
Solid Waste Disposal. A plan for disposal by means of a facility operating in compliance with State regulations.
f.
Air Pollution. It must be shown that the applicant will comply with the Federal Clean Air Act standards and any other standards appropriately adopted by State or local government as permitted under the Clean Air Act.
g.
Critical Impact Areas. Critical impact areas include stream corridors, streams, wetlands, slopes greater than 25%, highly erodible soils, areas of high water table, significant stands of native vegetation, aquifer recharge and discharge areas, flood plains or other areas described in the Master Plan as being of significant concern to the Township. Show:
h.
Summary, provide:
1.
A list of all licenses, permits, and other approvals required by municipal, County or State law and the status of each.
2.
A listing of all adverse environmental impacts, especially irreversible damage, that cannot be avoided.
3.
An assessment of the environmental impact of the project.
4.
A listing of steps proposed to minimize environmental damage to the site and region during construction and operation.
§ 30-19.5 Contents.
[Ord. No. 2-97; Ord. No. 2017-02]
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 populations, working population and visitor population shall be estimated. The compatibility or incompatibility of the propose project shall be described in relation to the following:
b.
Site Description and Inventory. Provide a description of environmental conditions on the site, which shall include the following items:
1.
Types of Soils. List and describe each soil type on the site according to the date published in the Sussex County Soil Survey on www.nrcs.usda.gov website 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. Depths to groundwater shall be identified and reported, including the identification of seasonably high groundwater. Where soils with moderate or severe limitations exist, they shall be identified according to category and severity of limitation.
2.
Topography. 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% |
The area and extent of each class shall be shown and the area in acres or square feet tabulated. |
3.
Identify and map existing drainage patterns and describe existing aquifers underlying the site.
4.
Geology. Describe the geologic formations and features associated with the site. This data shall be provided in two phases as follows:
(a)
Phase I — Compilation of existing data and preliminary analysis. The following shall be provided for a distance 1/4 mile around the perimeter of the property:
(1)
Geologic data as mapped by the NJ State Geologic Survey, the US Geologic Survey or the NJDEP.
(2)
Geologic data on file as part of the reports and other documents on file with the Township and the County of Sussex.
(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 the major rock outcroppings.
(7)
Aerial photographic stereoscopic pairs 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 "Sensitive Geologic Features, Green Township, Sussex County, NJ," prepared by Ecosystems Environmental Consultants of Augusta, NJ, submitted 6-1-1995.
(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.
(b)
Phase II — 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)
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 10 feet into competent bedrock but not greater than 50 feet from the surface. The use of probes is also acceptable for a number of the tests. The Geotechnical Engineer shall prepare and present a plan to the Board prior to performing the work using the number of tests indicated below as a guide.
Alternate 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.
(3)
Identification of features such as vegetative changes, seeps, or groundwater discharge, depressions, swales, faults, fractures, disappearing (subsurface flowing) streams 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 within the rock structure.
Guide for Number of Tests | |||
|---|---|---|---|
Basis of Required Tests | |||
Development2 Potential (residential) | Foundations3 | Infrastructure4 | Stormwater5 Management |
1 to 10 Dwellings | 1/5 D.U. | 1/1,000 feet | 2/basin |
11 to 50 Dwellings | 1.5/10 D.U. | 1.5/2,000 feet | 2/basin |
51 and over | 1/10 D.U. | 1,2,000 feet | 2/basin |
(Nonresidential): 0-5,000 square feet | 2/5,000 square feet | 1/3,000 sq. yds. | 2/basin |
5,001 to 10,000 square feet | 3/10,000 square feet | 1.5/5,000 sq. yds. | 2/basin |
10,001 & over square feet | 1/5,000 square feet | 1/5,000 sq. yds. | 2/basin |
NOTES: | |
|---|---|
1. | Number of tests is summation of all columns in appropriate row |
2. | Number of dwelling units for residential development or area of building for non- residential development |
3. | Number of dwelling units or square footage for nonresidential development |
4. | Length of roadway for dwelling units and area of impervious coverage for nonresidential development |
5. | Number of detention basins on the site |
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:
1.
Soil erosion and sedimentation resulting from surface runoff.
2.
Flooding and flood plain 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.
15.
Anticipated water usage.
16.
Location of wetlands and associated transition areas.
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:
1.
Drainage plans which shall include soil erosion and sedimentation controls, stormwater management and water quality measures.
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.
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.
§ 30-19.6 Planning Board Review; Conditions.
[1979 Code § 64-76; Ord. No. 2-97; Ord. No. 10-97 § 78; Ord. No. 2017-02]
a.
In reviewing an environmental impact statement, the Planning Board shall take into consideration the effect of the proposed project upon all aspects of the environment, including but not limited to geology, sewage disposal, water quality, water supply, preservation of trees and vegetation, protection of watercourses, protection of air resources, protection of aquifers, protection of public lands and their uses and ecosystems and the creation of any nuisance factors. The Planning Board will 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 Planning 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 Planning Board shall reject the proposed project on an environmental basis only if it determines that the proposed project through its effects on the natural environment constitute a threat to the public health, safety, welfare and water quality through increased flooding, inadequate waste disposal provisions (as determined by the appropriate health agency having jurisdiction), destruction of unique stands of native vegetation (i.e., hemlock groves), or the destruction of such other environmentally significant or historic site or sites outlined in the Township Master Plan.
b.
Conditions. The steps to be taken to minimize the adverse environmental impacts during construction and operation under § 30-19.4e and the alternatives which may be approved by the Planning Board under § 30-19.4f shall constitute conditions of the approval of the environmental impact statement, together with such other conditions as the Planning Board may impose. No Certificate of Occupancy shall be issued until compliance shall have been made with the conditions.
c.
Waiver. The Planning Board, at its sole discretion, may waive the requirement for an environmental impact statement, in whole or in part, upon receipt of a written request if sufficient evidence is submitted to support 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 evaluate adequately the environmental impact of a project.
§ 30-19.7 Exceptions to Approval.
[1979 Code § 64-77; Ord. No. 2-97; Ord. No. 2017-02]
The Planning Board, when acting upon applications for preliminary or minor subdivision approval or for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for approval, as may be reasonable and within the general purpose and intent of the provisions herein, if the literal enforcement of one or more provisions herein is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
§ 30-19.8 Fees - Reviews and Inspections.
[Ord. No. 2-97; Ord. No. 2017-02]
The applicant shall pay to the Township a fee at the time the environmental impact statement is submitted to cover the cost of providing review inspections required by this Article and accordance with Chapter 33 Land Development Fees.
§ 30-19.9 Disclaimer of Liability.
[Ord. No. 2-97; Ord. No. 2017-02]
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 Planning Board engineer, the municipality's geotechnical consultant, municipal employees or municipal agencies as to damages which may be associated with the formation of sinkholes, subsidence or contamination of groundwater.