Logan Township City Zoning Code
ARTICLE VII
Environmental Impact and Assessment
Sec 1 Requirements for environmental impact statement.
A.
Intent. No application for development shall be approved unless it has been determined by the Planning Board, after an environmental appraisal, that the proposed project:
(1)
Will not result in a significant adverse impact on the environment
(2)
Has been conceived and designed in such a manner that it will not significantly impair natural processes.
(3)
Will not place a disproportionate or excessive demand upon the total resources available to the project site and to the impact area.
(4)
In the case of residential subdivisions, will not result in a disproportionate level of risk from environmental and/or health risks for the future resident population of any proposed development versus that of the existing residential populations of other residential developments within the Township.
B.
Submission requirements.
(1)
With the exception of the uses listed below, all applications for development made to the Planning Board or Zoning Board of Adjustment shall provide EIS documentation, as shown on the appropriate environmental review checklist, incorporated at the end of this article. Those uses not required to submit an EIS are:
(2)
In all instances, however, the Planning Board shall have the authority to require either a full EIS or any further information or documentation as the Board may deem necessary or appropriate to assure a full and proper consideration and disposition of the particular application.
(3)
In the case of nonresidential developments seeking a use variance, a full EIS submission shall be prepared, unless otherwise waived under the appropriate guidelines of this chapter.
C.
Waiver of requirements. When acting upon applications requiring an EIS or equivalent, the Planning Board shall have the power to grant such waivers from environmental assessment and impact requirements established herein as may be reasonable and within the purpose and intent of the provisions of this article or if requiring a specific element of the EIS is impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question; provided, however, that no such waiver shall be granted unless the applicant shall submit written findings briefly outlining the basis and rationale for such request.
D.
Preparation of EIA. In order to ensure that the EIA is competently prepared, the applicant is responsible for selecting a qualified person or persons to prepare the EIA. The names and addresses of the person or persons must be presented. The Planning Board may request additional information as to the qualifications and experience, if necessary.
Sec 2 Contents of environmental impact statement.
The environmental impact statement, as required by the Logan Township Land Use Ordinance, shall include the following:
A.
A comprehensive description of existing conditions, including, but not limited to:
(1)
The location and size of the site.
(2)
The natural resources of the site and the region:
(a)
Geology.
(b)
Soils, bedrock, surficial, interpretative factors.
(c)
Landforms, topography, natural features.
(d)
Groundwater, resource quantity, quality, locations.
(f)
Drainage ways: natural, man-made, analysis of run-off characteristics.
(g)
Vegetation, site and surrounding area, relate to region.
(h)
Wildlife, include species diversity and frequency.
(j)
Air quality.
(k)
Noise levels and patterns.
(l)
Mineral resources.
(m)
Unique physical features.
(n)
Food chains.
(3)
Man-made resources.
(a)
Past and present land use, historical, socioeconomic analysis.
(b)
Existing land use of area and region adjacent to site land use cause and effect analysis.
(c)
Access and transportation patterns.
(d)
Zoning and Master Plan, county and local.
(f)
Population density and distribution, local and regional.
(g)
Recreational uses: public and private.
(h)
Growth generators.
(6)
Identification of all existing environmental, demographic, economic and cultural problems existing in the area affected by the project, including but not limited to:
B.
Comprehensive description of proposed development at: opening, each phase; capacity, including, but not limited to:
(2)
Tax search certificate of clear title.
(3)
(4)
Locate project in regional, municipal and neighborhood setting, including key map showing entire project and its relationship to surrounding properties:
(5)
Describe the projected development, including the following:
(a)
Site plan of project at scale of a minimum of one inch to 50 feet. Show all proposed items, as follows:
[1]
Dimensions and acreage of each lot to be built upon or otherwise used. Existing grades/contours on the lot of USGS or aerial interpretations.
[2]
Size, shape and location of all buildings and paved areas to be built on lot and presently existing on neighboring lots, analysis of run-off.
[3]
Locations and layout of parking areas, parking spaces in those areas and driveways, including setbacks, screening and run-off control.
[4]
Entrance and exits to and from public roadways, including sight lines, accelerations, deceleration, storage lanes, traffic controls.
[5]
Walkways, bikeways and interior roadways - functional analysis.
[6]
All utility lines existing and proposed, whether above or below ground.
[7]
All easements, deed restrictions and rights-of-way, including stream encroachment and floodplain delineations.
[8]
Sewer and water connections, if off-site services.
[9]
All required setback lines per zoning.
[10]
Location of fences, signs, lights on applicant's property and on neighboring properties and streets.
[11]
Outdoor storage areas, function and need, effects on area.
[12]
All proposed landscape features, including ground cover, trees, shrubs, screening, streams, ponds.
[13]
All final grades indicating location of grading and regrading, analysis of soil factors.
[14]
Calculations of floor area ratio or as coverage per ordinance.
[15]
Analysis of land use components and housing components.
(7)
Energy requirements.
(8)
Water supply requirements;
(a)
Amount required for all purposes.
(b)
Describe proposed water storage facility.
(c)
If on-site, indicate:
[1]
Location, depth capacity and water analysis of all private and public water supplied within 500 feet of development.
[2]
Location, depth capacity and water analysis for all public and private water supplies on developer's property.
[3]
Geologic description of subsurface conditions, including expected groundwater yields.
[4]
For development of equivalent of 50 or more dwelling units, provide approval of water supply by NJDEP.
[5]
List and discuss permits required, relationship to statute, regulations.
(d)
If off-site supply, indicate:
[1]
Source of supply:
[a]
Company or agency.
[b]
Location of actual route and trunk lines to be used.
[c]
Amount of diversion granted to supplier by NJDEP with summary of diversion conditions.
[d]
Maximum amount of water pumped by supplier in any one month from proposed original source.
[e]
Maximum gallons of water pumped during past 24 months from proposed original source.
[f]
Expected demand from previously approved, but not completed improvements to use same original source.
[g]
For development of the equivalent of 50 or more dwelling units, provide NJDEP approval of plan and copy of documents and conditions.
[h]
If expansion of facilities is required to supply demands of this project, supply EIA for said expansion.
[i]
To be delivered in what time frame.
[j]
Analysis of quality of water.
[k]
Analysis of quantity of water from each alternative.
(9)
Drainage, stormwater run-off:
(a)
Volume of stormwater run-off estimated for twenty-five-, fifty-, 100-year storm.
(b)
Plans, specifications for management of run-off under above storm conditions.
(c)
Describe potential flood damages and flood stages, as delineated by federal and state agencies, including SCS designation.
(d)
Sediment and erosion control plan, drawn in accordance with guidelines and standards of SCS, Conservation District of the Department of Agriculture.
(e)
Plan for any proposed fill, diversion of a water channel, alteration of a stream, repair or construction of a bridge, culvert, reservoir, dam, wall pipeline or cable crossing, include DEP permit.
(g)
Effect of run-off on neighboring properties.
(10)
Liquid waste facilities:
(a)
Quality and nature of liquid waste.
(b)
If on-site facility, indicate:
[2]
Percolation tests and soil logs for each possible lot or system location.
[3]
Soil analysis and description of bedrock and surficial geology of area, including soil logs from each different soil type, as noted on SCS soil maps, indicating depth of water table and bedrock.
[4]
Engineer's design for proposed system or systems and supporting data.
[5]
If on-site package plant, provide all information listed in (b) and (c) below.
(c)
If off-site facilities:
[1]
Describe treatment plant:
[a]
Location.
[b]
Administering agency.
[c]
Design capacity, description of treatment;
[d]
Monthly average flows, peaks, lows, monitoring.
[e]
Status of EPA-DEP permit for plant and conditions of permit.
[f]
Flow from previously approved but as yet incomplete developments planning to use same facility.
[g]
Capability of plant to treat industrial wastes, if applicable.
[2]
Describe water receiving plant effluent:
[a]
Water quality standards, NJDEP, EPA, permit objectives.
[b]
Biological and chemical water analysis of stream, baseline studies.
[c]
Four-season study, if receiving waters are in the municipality.
[d]
Stream flow (minimum average seven-day consecutive flow with frequency of occurrence 10 years).
[e]
Monitoring program.
(11)
Solid waste.
(a)
Description of quantity and quality of waste.
(b)
Analysis of residue generated by proposed development, including plans for its ultimate disposal, including recycling.
(c)
Plan for on-site gathering and storage.
(12)
Air pollution.
(a)
Describe all airborne emissions in terms of quantity and rate chemicals content, times of emissions, pattern of dispersion related to locality and region.
(b)
Effect of emissions on ambient air quality of locality and region by quarter-mile gradients.
(c)
Effect of emissions on climate of area, include fog and frost.
(d)
Proposed monitoring program, all studies.
(f)
Municipal Board of Health approval, in writing.
(13)
(14)
Transportation. A traffic impact study (TIS) should be provided to identify the magnitude of the site's traffic impact.
(a)
Scope. The scope of the study should encompass all proposed site access streets/driveways and all adjacent intersections where the following criteria are found:
[1]
At unsignalized intersections, the site traffic causes a change in reserve capacity (RC) of 50 where the level of service (LOS) is at or below the middle of LOS C.
[2]
At signalized intersections, the site traffic causes a change of 1/2 an LOS where the existing LOS is at or below the middle of LOS C.
[3]
All highway segments within the scope of study defined by intersection evaluations should be analyzed.
(b)
Format.
[1]
A report shall be prepared, signed and sealed by a New-Jersey-licensed professional engineer.
[2]
Existing transportation inventory should be identified, such as highway type, jurisdiction, intersection controls and other transportation modes.
[3]
Existing traffic volumes (within six months) should be identified.
[4]
Anticipated site traffic should be projected. Trip rates should be as per the current Trip Generation, Institute of Transportation Engineers, unless other data, reviewed and acceptable to the Township's Traffic Engineer, is available.
[5]
Trip distribution should be displayed in table format with a detailed explanation of methodology and assumptions.
[6]
Trip assignment should be shown in diagrammatic form, with a narrative explaining any assumptions.
[7]
Traffic growth from other development to the project's build year should be anticipated and fully documented.
[8]
Trip reductions, for pass-by use, mode split, etc., should be fully explained and documented.
[9]
Capacity analyses should use the Highway Capacity Manual, 1985, methodology. Calculations should be in the report appendix with the results shown in table format.
[10]
An assessment of traffic operating conditions should be explained both pre- and post-development. Any improvements necessary should be explained in a narrative and shown in a conceptual sketch. The impact of the site's development should be shown in table format at each location.
(c)
Impact. The impact of the site's traffic is defined as a difference between the no-build and build assessments in the build year:
(d)
Site access. Each site access should be analyzed for levels of service and the need for a deceleration lane or a left-turn storage lane. The standard for the left-turn land is the Highway Research Record No. 211. Sight distance, both vertical and horizontal, should be examined. Clear sight must be available for a distance of 10 times the speed of traffic on the main street from a point of 15 feet inside the site access/street. If appropriate, the site access intersection's volumes should be compared with the traffic signal warrants contained in the Manual on Uniform Traffic Control Devices.
(e)
Site plan. The traffic study should address site plan features such as queuing at drive-through facilities, parking supply and demand and internal circulation capability for the proposed use as well as emergency vehicles. The plan should accommodate approximate ASHTO design vehicle.
(f)
Other. The report should address the following where appropriate:
[1]
Other modes of travel, present or proposed.
[2]
Peak hours of the site's operation, if different from the standard street peak periods.
[3]
Effect of shifts on employee traffic.
[4]
Construction traffic.
[5]
Phasing of the project.
[6]
Truck traffic for industrial sites, including type and amount of trucks anticipated for deliveries of raw materials, fuels and distribution of finished product, residue, etc.
[7]
Any use of rail should be fully documented, including number of trains per day, speed and length of trains with particular attention to the length of time all highway/rail grade crossings will be blocked. Commentary should be provided as protection and the effect of rail crossing on emergency services.
(16)
Municipal services other than emergency services:
(17)
Aesthetics.
(a)
Description of completed project, including relationship to terrain and existing buildings and thoroughfares:
[1]
Include materials, designs, height, special effects.
(18)
(19)
Critical impact area:
(a)
Map at scale of at a minimum of one inch to 50 feet and two-foot contours showing relationship of proposed project to:
[1]
Streams, ephemeral and perennial outline of the sub-watersheds and floodplains.
[2]
Wetlands and water table gradients.
[3]
Ponds and other watercourses with profiles.
[4]
Slopes greater than 15% to two-foot gradients.
[5]
Soils of plus 30K factor.
[6]
Soils of pH 4 or less, 8 or greater.
[7]
Shallow bedrock under five feet.
[8]
Areas of seasonal high water table under three feet (according to SCS soils maps).
[9]
Aquifer recharge areas, discuss geologic relationship.
[10]
Mature trees and shrubs inventory, relate to ordinance, permits, plans, if any.
[11]
Grades and/or contours on USGS datum of the entire tract and map sheet.
[12]
Historic or archeological feature.
[13]
Listing of all federal, county and local permits required and status of each.
(b)
Comprehensive description of the construction phase of the project from start to opening.
[1]
Proposed construction schedule in detail.
[3]
Traffic.
[a]
Access to property during construction, temporary, permanent.
[b]
Routing of heavy equipment, special permits, safety, noise, damage factors.
[c]
Analysis of traffic at each phase of construction.
[d]
Truck deliveries of materials, timing and number.
[e]
Parking areas for workers.
[f]
Use of mass transit or car pools.
[g]
Use of aircraft of any kind for construction, delivery or supervision.
[4]
Site preparation, including plans and schedule for:
[a]
Clearing, environmental effects, forestry plan.
[b]
Excavation, spoil areas relationships.
[c]
Cut fill balance analysis.
[d]
Burning cleared vegetation or alternatives such as clipping or incineration.
[e]
Blasting needs, techniques, timing, safety.
[f]
Soil and erosion control, consistency with official standards.
[g]
Water quality monitoring in receiving waters for run-off quality/quantity.
[8]
Design and schedule of use of measures for protection of environment during construction.
[a]
Sediment and erosion controls, schedule for hydroseeding or other stabilization.
[b]
Run-off control, schedule for basin, pond, etc., construction.
[c]
Noise abatement.
[d]
Dust control.
[e]
Solid waste disposal.
[f]
Air pollution.
[g]
Water quality monitoring.
[h]
Inspection and monitoring.
[i]
Necessity for municipal services during construction phase.
[i]
Security and traffic control. Comments from applicant, contractor and Police Department.
[ii]
Fire. Comments from applicant, contractor and Fire Company.
[iii]
First aid. Comments from applicant, contractor and First Aid Squad.
[iv]
Road maintenance. Comments from applicant, contractor and Road Supervisor.
(c)
Probable environmental impact of project, if implemented:
[1]
Land use.
[a]
Discuss consistency of proposed action with accepted regional state, county and local planning and zoning regulations.
[b]
Discuss how the proposed action will affect population trends in industrial growth and economy of the region, county and Township.
[c]
Discuss whether proposed action will result in the loss or alteration of ecologically sensitive areas, but not limited to such as stream corridors, streams, wetlands, steep slopes, highly erodible soils, areas of seasonal high water table, mature stands of vegetation, aquifer recharge areas.
[2]
Water.
[a]
Discuss possible instances, on-site or off-site of noncompliance between proposed action and state and municipal quality standards, particularly during low flow periods.
[b]
Discuss effects of project on assimilative capacity, aquatic iota and habitat, pollution and turbidity levels in any receiving waterway on- or off- site and the effect of these changes upstream and downstream from site.
[c]
Discuss the effects of the project on local groundwater quality and quantity.
[d]
Discuss changes in flood levels or stream flow in the Township and downstream caused by the proposed project.
[e]
Discuss cumulative effect on water quality and flooding of this project and others already approved now and when they all reach capacity.
[f]
Discuss alternative for water supply wastewater disposal and drainage.
[3]
Aquatic and terrestrial wildlife.
[a]
Discuss the gain/loss of wildlife habitat and its effect.
[b]
Discuss the effect of gain/loss of food chain on the aquatic or terrestrial wildlife.
[c]
Discuss the effect of changes in the environment, including noise, dust, lighting, turbidity, siltation and others, during and after construction on wildlife.
[4]
Social and economic.
(d)
Evaluation of unavoidable impacts and irretrievable commitment of resources. The adverse environmental and socioeconomic effects of the proposed project and the irretrievable commitment of resources must be identified and described.
[1]
Discuss, in detail, the kinds of magnitude of adverse impacts and their implications for the community, region and state. If methods of mitigating any impacts have been discussed previously, discuss implications of remaining impact.
[2]
Identify the extent to which the proposal curtails or alters the range of beneficial uses of natural and man-made resources, including, but not limited to:
(e)
Methods of mitigating adverse environmental impacts. In response to adverse impacts described in Subsection B(19)(d), discuss the remedial, protective and mitigating actions to be taken as part of the proposed project. Note the measures to be used to bring the project into compliance with all local, state and federal requirements. Mitigation of adverse environmental effects should reflect latest state-of-the-art technology. Discussion of mitigating measures should include, but not be limited to, the following design considerations and operational strategies:
[1]
Site location.
[2]
Emission control apparatus for air and water discharges.
[3]
Erosion and sedimentation control measures, stormwater run-off control.
[4]
Noise control.
[5]
Traffic control.
[6]
Solid waste recycling.
[7]
Buffer zones.
[8]
Land management.
[9]
Selective clearing and/or landscaping.
[10]
Protective measures for aquatic and terrestrial wildlife.
[11]
Architectural design techniques.
[12]
Contingency plans for emergencies, accidents, abnormal natural conditions.
[13]
Traffic control and mass transportation agencies.
[14]
Employee education.
[15]
Employee services.
[16]
Housing recreation.
(f)
(g)
Monitoring. In order to acquire sufficient baseline data for impact evaluation and to ascertain the effectiveness of proposed protective measures, suitable monitoring programs should be undertaken. In this section describe, in detail, programs designed to obtain this information at various phases of the project.