Southampton Township
City Zoning Code
City Zoning Code
12-4.10 Environmental
assessments.
[Amended 2-20-2024 by Ord. No. 2024-01]
The purpose of the Environmental Assessment is to provide the Land Development Board information regarding the existing environmental conditions and the potential environmental impacts associated with an application for development.
a.
Application for development. An application for development as used in this chapter shall include any application for approval of (a) preliminary and/or final major subdivision (including any property to be transferred, deed restricted or dedicated), (b) site plan, (c) planned development or (d) use variance.
b.
As part of and as a condition for approval for each application for development, an Environmental Assessment (EA) must be submitted to the Land Development Board with the application for development. The EA shall be prepared in accordance with Subsection 12-4.10b,1 through 8, below.
For any land which is to be transferred or dedicated to the Township, to any governmental agency, to a homeowners association or to any other entity, for any reasons whatsoever, the applicant or transferor shall be required to submit an EA to the Land Development Board, as applicable. The EA shall generally conform to the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessment Practices: Phase 1 Environmental Site Assessment Process (E1527) of the issue in effect at the date of the application, and with industry standards for Phase 1 Environmental Site Assessments.
1.
A project description. Description of the physical site, description of the site history and surrounding land uses.
2.
An inventory of existing environmental conditions at the project site and in the surrounding area. The information provided for this inventory should be based on the questions within the Environmental Impact Worksheet (EIW) prepared by Southampton Township Environmental Commission. The following areas of concern should be generally discussed as well as specifically addressed by including information requested within the Environmental Impact Worksheet:
(a)
Air quality - (See EIW #22).
(b)
Hydrology.
(c)
Surface and ground water - (See EIW # 16).
(d)
Water supply - (See EIW # 17 and 18).
(e)
Geology.
(f)
Soils and properties thereof, including capabilities and limitations - (See EIW # 19 and 20).
(g)
Drainage and runoff characteristics and levels - (See EIW # 21).
(h)
Demography.
(i)
Land use - (See EIW # 9).
(j)
Aesthetics - (See EIW # 25).
(k)
History.
(l)
Archaeology and cultural resources - (See EIW # 24).
(m)
Endangered and threatened species - (See EIW # 23).
(n)
Noise - (See EIW # 14).
(o)
Hazardous waste and landfills - (See EIW # 11, 12 and 13).
3.
A list of licenses, permits and other approvals required by Pinelands, municipal, County, State or Federal law, for commencement of and completion of the project and the status of all application for it.
4.
An assessment of the probable impact of the project upon each of the conditions set forth in paragraph b, 2 above.
5.
A listing and evaluation of adverse environmental impacts which cannot be avoided, with particular emphasis upon air or water pollution, increase in noise, damage to plant, tree and wildlife systems, damage to natural resources, displacement of existing farms, increase in sedimentation and siltation, increase in municipal services and the consequences to the municipal tax structure. Adverse environmental impacts off-site shall be included and evaluated.
6.
A description of steps which will be taken to minimize adverse environmental impacts during construction and during operation, both at the project site and in the surrounding region. Necessary maps and such schedules shall accompany such description and other explanatory data as may be needed to clarify and explain the actions to be taken.
7.
A statement describing any irreversible damage and/or any irretrievable commitment of resources which would result.
8.
A list of alternatives to the proposed project which might avoid some or all of the adverse environmental impacts of the proposed project; such list shall include a no-action alternative. A statement of the reasons for the acceptability or nonacceptability for each such alternative shall be included.
c.
In addition to the requirements set forth in Subsection 12-4.10b, the following requirements shall apply specifically to applications for development including any major residential subdivision or any application which is subject to Site Plan Review that involves a parcel in which agricultural practices have or are taking place.
1.
Site inspection. The Environmental Consultant will physically inspect the site. The Consultant should collect information on the following subject matters, as appropriate, to identify past or current practices which could cause soil or ground water contamination, or which could cause contamination in any structures on the property:
(a)
Past and current materials use;
(b)
Storage, handling and disposal of wastes at the subject property, as applicable;
(c)
The number and location of chemical storage containers, such as drums and storage tanks, and the materials stored in these;
(d)
Transformers and capacitors at or directly adjacent to the property for signs of leaks, spills and fires;
(e)
The properties and structures around the site to document evidence of obvious and severe impacts from the adjacent properties on the subject property and examine exteriors of adjacent buildings and grounds of adjacent properties for evidence of staining and spills.
2.
Research and review. File data and existing reports should be reviewed to determine if any existing documents show that the site has previously been identified as a suspected source of contamination. The minimum documents that should be reviewed for this requirement are:
(a)
Environmental Protection Agency (EPA) and New Jersey databases. The EPA and State database should be reviewed to determine if National Priority List (Superfund NPL) or State Superfund sites, or other alleged contamination sites are located within 1/4 mile of the site.
(b)
Historical aerial photographs. If available, aerial photographs from 1950 through present should be reviewed. The photographs will be inspected for signs of dumps, excavations, vegetation stress or other features indicative of contamination, both on and adjacent to the site. The preferred scale of the photographs is one inch equals 400 feet and stereoscopic pairs are recommended.
3.
Environmental report. The Environmental Consultant should prepare a report in accordance with Subsection 12-4.10b,2(a) through (h), and that includes the following:
(a)
A USGS topographic map indicating the location of the site;
(b)
List of the environmental reports, permits and background documents reviewed including a list of interviewees;
(c)
Discussion of causes of environmental concerns as applicable, such as underground storage tanks, PCB's, asbestos and other applicable environmental hazards;
(d)
The results of contacts with regulatory agencies concerning potential contaminated sites in the site vicinity;
(e)
Prints of all aerial photographs;
(f)
A table that indicates the dates of property ownership from 1940 to present and the corresponding property use(s) for those years, if known.
d.
Proper qualifications. The individual(s) who prepares and conducts the Environmental Assessment shall provide a resume or curriculum vitae as part of the EA report. Individual qualifications must demonstrate that the persons conducting the Environmental Assessment are qualified to conduct such Environmental Assessment based on education, previous project experience and ASTM Standard E1929: Standard Practice for Assessment of Certification Programs for Environmental Professionals: Accreditation Criteria.
e.
Insurance. The firm or individual conducting and preparing the Environmental Assessment shall submit a current Errors and Omissions liability insurance policy in the amount of at least $2,000,000.
f.
Escrow. As part of each application for development, transfer or dedication, the applicant shall post an escrow for the Township professionals required to review the Environmental Assessment.
g.
Waiver. The Township Council or Land Development Board may waive the requirements set forth in this chapter upon finding that the limited nature of the proposed application does not require an Environmental Assessment.
h.
Further requirements. Upon review of an Environmental Assessment by the Township Council or Land Development Board, the Township, Land Development Board may require such other studies, tests or environmental remedies as may be determined to be reasonably necessary for the environmental safety and security of the subject site including, but not limited to, an environmental investigation, or other remedies permitted by law.