Roxbury Township City Zoning Code
ARTICLE V
Impact Statements
§ 13-5.1 IMPACT STATEMENTS.
All impact statements shall consist of written materials and maps prepared by qualified professionals. A resume of the professionals' qualifications shall be included as an attachment to the original submission.
§ 13-5.101 Environmental Impact Statements.
An environmental impact statement (EIS) shall be a written text together with any necessary mapping that describes the impact and effect of proposed land development upon natural systems and the environment of the Township. The EIS shall also contain a detailed specification of how the proposed plans comply with the each of the Performance Standards set forth in Section 13-8.10 of this Ordinance. Where the proposed plans do not fully comply with any applicable Performance Standard, the EIS shall present one or more alternative conceptual plans which comply, to the extent feasible, with all applicable Performance Standards.
A.
An environmental impact statement shall be required where any one of the following items is present:
1.
The property in question involves five (5) acres or more, except where the property is proposed to be developed for one (1) single family dwelling;
2.
Twenty (20%) percent or one acre or more of the subject property contains or consists of Critical Area, as defined in Article I of this Ordinance;
3.
Where the subject property contains or lies within fifty (50) feet of a trout production, trout maintenance, wild trout stream or headwaters thereof;
4.
Where proposed project development will create a use which may reasonably be expected to use, store or produce any substance classified as hazardous or toxic within the provision of the New Jersey Worker and Community Right to Know Act (N.J.S.A. 34:5A), including, without limitation, a use designated by SIC code as a typical hazardous substance user pursuant to said Act; provided that, where the project does not identify a specific use for the proposed improvements, it will be presumed that the improvements will be used in connection with any permitted use that they may reasonably accommodate;
B.
General Exemptions.
1.
All agricultural operations conducted in accordance with a plan approved by the soil conservation district and all silviculture operations conducted in accordance with a plan prepared by a professional forester are specifically exempt from the environmental impact statement requirements.
2.
Any variance application to the Zoning Board of Adjustment not involving a site plan or subdivision application shall not require an environmental impact statement unless the requested variance involves one or more Performance Standards or unless specifically requested by the Board. The Zoning Board of Adjustment shall inform the applicant regarding any information that may be required.
C.
All environmental impact statements shall consist of written materials and maps prepared by qualified professionals. A resume of the professionals' qualifications shall be included as an attachment to the original submission.
D.
The document shall include, but not be limited to the following information:
1.
Project Description.
(a)
Proposed use, type of facilities to be constructed, manner of operation, number of employees or residents, number of customers or visitors per day, peak hour activity, hours of operation, frequency and hours of deliveries, type of delivery vehicles, etc.
(b)
Documentation that sewage can be disposed of through facilities adequate to preclude water pollution.
(c)
Documentation that an adequate water supply can service the site.
(d)
The method of disposing of solid waste and recyclables.
(e)
Suitability of the property for the proposed use and the extent to which the site must be altered.
(f)
Relation to the Roxbury Township Master Plan, Morris County Master Plan and the State Development and Redevelopment Plan and other pertinent planning documents.
2.
Site Description and Inventory. The applicant shall, to the extent reasonably ascertainable, describe the existing environmental conditions at the project site and in the immediate surrounding areas.
Inventory preparation shall be based upon actual visitation and inspection of the site proposed for development. The inventory shall be accompanied by a log indicating the dates, times, weather conditions and specific locations of the on-site inspections required by this section.
The site description and inventory shall include the following data:
(a)
Types of soil. List, describe, and map each soil type located on the site, referenced to the USDA Soil Survey for Morris County. If applicable, provide percolation date. Where the proposed area of land disturbance will involve soils with moderate or severe limitations (as per the Soil Survey of Morris County - Soil Conservation Service) relative to the type of project proposed, the map shall indicate where these moderate and severe limitations exist.
(b)
Topography. Describe the topographic conditions of the site, with specific delineation of ridgelines and any lands with slopes exceeding fifteen (15%) percent grouped into categories of 15% to 19.99%, 20% to 24.99% and 25% or greater. Slopes shall be determined between two (2) foot contour intervals.
(c)
Geology. Describe and map the geologic formations and features associated with the site as well as depth to bedrock conditions.
(d)
Vegetation. Describe and map the existing vegetation on the site such as woodland, open field and wetland. Where woodlands are delineated, indicate the forest type.
(e)
Wildlife Inventory. This portion of the site description and inventory shall be prepared by an expert who is qualified and able to recognize evidence of the presence of a species of flora or fauna by sight, sound, sign and habitat. The qualifications of the expert must be submitted with the report and must be deemed to be satisfactory by the Planning Board. Such individuals would include, but not be limited to, wildlife biologists or similar recognized experts in the area of wildlife management. The Board may, at its sole discretion and at the applicant's expense, retain an independent expert to accompany the applicant's expert during site surveys and/or to review the wildlife inventory or any portion thereof. The applicant's expert shall conduct a search of publicly available literature and databases and identify all reported habitat of a rare, threatened or endangered species located within a radius of one-half (1/2) mile of the site. Based on one or more site surveys, conducted in accordance with generally accepted professional protocols, the most recent of which surveys shall have been conducted not more than one (1) year prior to the submission of a complete development application, identify habitat of any rare, threatened or endangered species as defined by the State of New Jersey. If habitat for any rare, threatened or endangered species has been identified within a radius of one-half (1/2) mile of the site, identify any areas within the site that constitute suitable habitat for each such species. Actual or suitable nesting or breeding habitat shall be specifically identified as such. If suitable nesting or breeding habitat of a threatened or endangered species is identified on a site, at least one site survey shall be performed during the peak nesting or breeding period for that species to determine if that species is actually nesting or breeding on the site. If evidence is detected of the presence of any endangered or threatened species, or such evidence has earlier been reported in a Township- or State- sanctioned survey or study, the wildlife inventory shall set forth specific strategies and procedures to protect and preserve any such endangered or threatened species. Where the proposed development will significantly degrade or destroy actual or suitable habitat of any endangered or threatened species, the wildlife inventory will include or reference one or more alternative conceptual development plans for the site which avoid, minimize, or mitigate, to the extent feasible, such habitat degradation or destruction.
(f)
Surface water. Describe and map existing watercourses and water bodies that are partially or totally on the site and their relationship to the area of land disturbance. Calculate existing surface runoff from the site. When the natural drainage pattern will be significantly altered, an analysis shall be conducted which will investigate flow, depth, capacity and water quality of the receiving waters. Floodplain, streams, stream encroachment, wetland areas and wetland transition areas shall be mapped in consultation with New Jersey Department of Environmental Protection. Existing drainage structures shall be mapped and the capacity of the drainage network shall be determined.
(g)
Subsurface water. Describe the subsurface water conditions on the site both in terms of depth to groundwater and water supply capabilities of the site. Provide detailed information regarding existing wells within five hundred (500) feet of the site relative to depth, capacity and water quality as well as the water supply capabilities of the adjacent areas and the recharge capabilities of the site. Map all prime aquifer recharge areas (as defined in Section 13-7.825 of this Ordinance) on the site, delineating most permeable soils, most permeable surficial deposits and most productive aquifers. A listing of highly permeable soils is given in the Township's Natural Resource Inventory and in the Morris County Soil Survey. The location of highly permeable surficial deposits is available through the New Jersey State Department of Geology.
(h)
Sewer and water. Describe existing sewer facilities and water supply.
(i)
Unique, scenic and/or historic features. Describe and map those portions of the site that can be considered to have unique, scenic and/or historic qualities.
(j)
Existing development features. Describe and map any existing features on the site that are not considered to be part of the natural environment. This may include, but not necessarily be limited to roads, housing units, accessory structures, utility lines, etc.
(k)
Land use. Describe adjoining land uses.
(l)
Miscellaneous. When warranted, an analysis shall be conducted on existing air quality, water quality and noise levels as prescribed by the New Jersey Department of Environmental Protection.
3.
Impact Assessment. Discuss the probable environmental impacts the project will have upon the site and on adjoining properties within two hundred 200 feet thereof. A statement of the on-site and off-site effect on the utilization of public facilities due to the subject development shall be provided.
4.
Unavoidable Adverse Impacts. A listing and evaluation of adverse environmental impacts and damages to natural resources which cannot be avoided, with particular emphasis upon, but not limited to, air or water pollution, increase in noise, damage to plant and wildlife systems, increase in sedimentation and siltation, and storm water runoffs.
5.
Off-site Impacts. A description and evaluation of the off-site impact of the proposed development, both on a local and regional level.
6.
Environmental Performance Controls. Describe in detail what measures will be employed during the planning, construction and operation phases which will minimize or eliminate negative on-site and off-site impacts that could result from the proposed project. Of specific interest are:
(a)
Drainage plans which shall include but not be limited to soil erosion and sedimentation controls. Drainage plans shall demonstrate that all reasonable measures have been implemented to limit off-site surface runoff to pre-development levels, both in terms of peak flow and overall volume.
(b)
Sewage disposal techniques.
(c)
Water supply and water conservation proposals.
(d)
Site design techniques sensitive to the natural environment which should include innovative landscape, building and circulation design.
(e)
Energy conservation measures.
(f)
Noise reduction techniques.
(g)
Miscellaneous on-site and off-site improvements.
7.
Alternatives. Discuss what alternatives were considered both in terms of site design and project location. Indicate why an alternative was rejected if it would have resulted in a less negative impact than the subject proposal. If the proposed development does not fully comply with one or more of the Performance Standards set forth in Section 13-8.10 of this Ordinance, the EIS shall present one or more alternative conceptual plans which comply, to the extent feasible, with all applicable Performance Standards.
8.
Storm Water Management. A statement demonstrating that storm water runoff from the site is so controlled that on-site and off-site erosion is neither caused nor worsened and that the potential of downstream and/or upstream flooding is not increased from the proposed development.
9.
New Jersey Worker and Community Right to Know Act. A listing of hazardous and toxic substances to be used, stored, generated or manufactured on-site and expected quantities shall be provided. The method of storage and clean-up of potential spills of hazardous and toxic substances shall be addressed.
10.
Licenses, Permits and Other Approvals Required by Law. The applicant shall list all known licenses, permits and other forms of approval required by law for the construction and operation of the proposed project. This list shall include, but not be limited to, approvals required by the municipality, as well as agencies of the County, State and Federal governments. Where approvals have been granted, copies of said approvals shall be attached. Where approvals are pending, a note shall be made to that effect.
11.
Documentation. All publications, file reports, manuscripts or other written sources of information related to the project, the project site and the municipality which were consulted and employed in compilation of the environmental impact statement shall be listed and footnoted where appropriate. A list of all agencies and individuals from whom pertinent information was obtained orally or by letter shall be listed separately.
12.
Supplementation and Amendment. Where substantial changes are made to the development plans subsequent to submission of the initial complete application, the Board may require appropriate supplementation and/or amendment of the EIS. The Board may, in its sole discretion and at the applicant's expense, retain the services of an independent expert to review the EIS, or any portion thereof, to advise the Board relative to the sufficiency of the information presented therein and/or as to the need for supplementation or amendment thereof. Where the EIS presents alternative conceptual plans with respect to compliance with Performance Standards or preservation of habitat of endangered or threatened species, the Board may, in its sole discretion and at the applicant's expense, retain an independent expert to propose additional alternative conceptual plans for inclusion in the EIS and/or to analyze the feasibility of alternative conceptual plans.
13.
Disposition. The Board shall not approve any development for which an EIS is required by this article unless it determines and finds that the proposed development will avoid, minimize, or mitigate appreciable harmful effects to the environment to extent feasible in the context of reasonable utilization of the property. The Board shall approve waivers from Performance Standards only when the EIS sustains a finding that either: (a) there are no feasible alternative plans which are more compliant with the relevant Performance Standards, or (b) all feasible alternatives identified as more compliant with Performance Standards involve unacceptable adverse consequences in terms of public welfare and/or the intent and purpose of the Township's zoning and master plan. In making its decision, the Board shall give due consideration to any recommendations of the Environmental Commission or of suitably qualified professionals.
§ 13-5.102 Traffic Impact Statement.
The Planning Board or Zoning Board of Adjustment, at its sole discretion, may require the applicant of a preliminary major subdivision or site plan to provide a traffic impact statement (TIS) prepared by a qualified professional analyzing the proposed access and road network within the development and the development's impact upon the existing road network. Elements to be addressed shall include but not be limited to: existing traffic volumes; the capacity of the existing and proposed roadways; the anticipated traffic volumes as a result of the proposed development as well as the increase in traffic volumes expected from other developments within the area; peak hour traffic; level of service (pre-development and post-development); traffic accident statistics; problem spots in the overall road network including unsafe intersections, turns or grades; availability of public transportation; and traffic reduction methods including flexible work hours and car/van pooling. The TIS shall include identification of roadway improvements needed for all impacted intersections to operate at level of service C or better. The Board, in its sole discretion and at the applicant's expense, may retain an independent expert to review the TIS or any portion thereof and/or to perform supplemental traffic counts. The Board may require supplementation or amendment of the TIS to incorporate the findings of its independent expert. The Board shall approve no development for which the TIS indicates post-development level of service less than C for any intersection without requiring the applicant's pro rata contribution toward improvements needed to provide level of service C.
§ 13-5.103 Education System Impact Statement.
The Planning Board or Zoning Board of Adjustment, as its sole discretion, may require the applicant for a preliminary major subdivision or site plan to provide an Educational System Impact Statement describing and explaining the impact and effect of the proposed land development upon the Township's education system. In determining whether or not such a statement shall be required, the Board in question shall give consideration to the character and size of the development and the recommendations of the Township's Board of Education, if any.
§ 13-5.104 Community Impact Statement.
The Planning Board or Zoning Board of Adjustment, at its sole discretion, may require the applicant for a preliminary major subdivision or site plan to provide a Community Impact Statement prepared by a qualified professional analyzing the proposed development and its expected impacts upon existing municipal facilities and services. The following items shall be included:
A.
Population Impact. An analysis of the number of people expected to be added to the municipal population as a result of the proposed development according to the following age cohorts: pre-school aged children, school aged children and adults.
B.
Facilities Impact. An analysis of the existing facilities available to serve the proposed development and the impact of the development upon the facilities, including the adequacy of existing recreational facilities and library facilities. Should such facilities be determined inadequate to serve the proposed development, the remedies proposed by the applicant shall be indicated.
C.
Services Impact. An analysis of the existing service provided by the municipality to serve the proposed development and the impact of the development upon services, including police protection, fire protection, solid waste disposal, and street maintenance services.
D.
Financial Impact. An analysis of the revenues expected to be generated from the development compared to the anticipated costs which the proposed development is expected to generate. Revenues and costs shall be shown for the municipality, the municipal school system and the County.
§ 13-5.105 Noise Impact Statement.
The Planning Board or Zoning Board of Adjustment, at its sole discretion, may require the applicant for a preliminary major subdivision or site plan to provide a Noise Impact Statement prepared by a qualified professional engineer and providing an analysis of the peak daytime and evening noise levels in decibels expected to be generated by the development as measured at the property line.