Union Township City Zoning Code
§ 30-7.9
Impact Statement.
[Ord. No. 90-7, § 1; Ord. No. 2003-4, § I]
a.
The impact generated by subdivision, land development, and other projects necessitates a comprehensive analysis of the variety of potential problems that may result and the actions that can be taken to minimize these problems. In order to effectively evaluate the consequences or effects of certain projects proposed in the Township, an impact statement report shall be submitted together with preliminary plans for the following:
b.
In order to encourage the thorough preparation of an impact statement, the applicant may use the components of the impact statement report to satisfy the reporting requirements of the Land Use Code, provided, however, that a list of the sections of the zoning ordinance that are proposed to be satisfied by the impact statement shall be submitted with the impact statement report.
c.
Twenty-five copies of the impact statement report shall be submitted with the preliminary plans. Within the impact statement, specific emphasis shall be directed toward the proposed project's effects on and relationship to applicable site, neighborhood, and Township-wide resources, conditions or characteristics. This impact statement shall be a checklist item in determining the completeness of an application for preliminary plan approval.
d. ADVERSE ENVIRONMENTAL IMPACTS ALTERNATIVES BENEFICIAL EFFECTS BIOLOGICAL RESOURCES COMMUNITY FACILITIES CULTURAL ENVIRONMENT DEMOGRAPHIC CHARACTERISTIC DEVELOPMENT ECONOMIC AND FISCAL CHARACTERISTICS ENVIRONMENT HISTORIC RESOURCES IMPACT IMPACT STATEMENT REPORT INFRASTRUCTURE LONG TERM EFFECTS MITIGATION NATURAL ENVIRONMENT PHYSICAL RESOURCES PRIMARY EFFECTS PROJECT SECONDARY EFFECTS SHORT TERM EFFECTS VISUAL RESOURCES
Definitions. For the purpose of an impact statement, the following definitions shall apply:
Shall mean an impact which contributes to a harmful or degraded condition and/or produces an environmental harm or degradation. Adverse environmental impacts may include: A negative impact on surrounding land uses; negative impacts which are contrary to the master plan for the Township and the intent of the Land Use Code; negative impacts which may create a threat to the public health, safety and general welfare; and negative impacts on physical and biological resources.
Shall mean choices between or among two or more plans, layouts, approaches, solutions or results.
Shall mean results contributing to an improvement in condition and/or producing a favorable result such as making a use more compatible with the intent of the Land Use Code and the goals of the master plan and promoting the public health, safety and general welfare.
Shall mean characteristics of the natural environment manifest in its flora and fauna. The disposition of these characteristics is typically expressed in vegetation and/or wildlife units such as: field and meadow; tree, woodland or forest stands and related understory and ground cover growth; and aquatic and terrestrial wildlife and/or their habitats.
Shall mean the services which provide for various community health, education, safety, leisure, and like needs and the locations at which these services are provided. Typical community facilities include: schools; parks and recreation areas; libraries; hospitals and other health-care facilities; fire protection; police protection; ambulance and rescue services; and postal services.
Shall mean a representation of man's influence on land and/or water through the use, organization, adornment and maintenance of property and structures.
Shall mean characteristics related to the distribution, density and vital statistics of populations.
Shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to the Municipal Land Use Code.
Shall mean characteristics related to the expenditures and revenues in conjunction with the management of income of a household, private business, community, association, and/or government.
Shall mean the conditions, resources and/or characteristics which exist within and surround the area to be affected by a proposed project including, but not limited to: natural elements such as land, water, air, minerals, natural flora and natural fauna; and man-made components such as objects of historic or aesthetic significance, infrastructure, and man-related attributes of a social and economic nature.
Shall mean sites, areas, structures, trails and/or routes which are valued due to their significance as examples and/or location of events, customs, skills, and/or arts of the past.
Shall mean the power of an event or condition to produce changes in other conditions. In the context of impact exerted on the environment, changes which affect existing conditions and/or quality are of greatest concern.
Shall mean an assessment which objectively describes, analyzes, and documents both the beneficial and adverse environmental and cultural effects of a proposed project and the measures to be undertaken to mitigate adverse effects in accordance with the provisions set forth in the Land Use Code.
Shall mean the basic installations and facilities on which the continuance and growth of a community depend such as roads, schools, electrical transmission facilities, transportation and communication systems, and sewer and water systems.
Shall mean results which are manifest for or extending over a period of greater than two years.
Shall mean the act of precluding a potentially adverse effect and/or making a potentially adverse effect less severe through measures which will improve a condition and/or lessen the impact.
Shall mean a composition of land, water, and/or air presented by its inherent physical and biological properties.
Shall mean characteristics of the natural environment manifest in its: landforms, soils, geological structure of surface and/or subsurface rock, minerals, natural bodies of water and/or man-made impoundments, watercourses, groundwater, and the like. The disposition of these characteristics is typically expressed in physiograhic, topographic and/or hydrologic units such as rock formations, slope elevation, soil types, watersheds, surface water types, wetlands, floodplains, aquifers or aquifer recharge areas and the like.
Shall mean results of a direct nature which have a principal influence on a particular condition.
Shall mean a subdivision, land development, or other development involving the construction alteration of buildings or other structures, or the grading of land.
Shall mean results of an indirect nature which have an influence on a particular condition or state derived from a primary effect.
Shall mean results which are manifest for or extending for a period of two years or less.
Shall mean characteristics of the natural environment and/or cultural environment which are visible. The visual resources of a particular area are typically expressed in terms of their visibility, character, and/or attractiveness relative to their amenity value and/or quality.
e.
The impact statement report shall include test, tables, maps and analyses for the purpose of describing the project site, proposed use(s), and the impacts of the proposal as follows:
1.
Overview. 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 brief 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, how they are to be considered, and the uses intended. The resident population and working population shall be projected. The basis of these projections must be clearly stated in the report.
2.
Compatibility. The compatibility or incompatibility of the proposed project shall be described in relation to the Township Land Use Code, Township master plan, County and State planning guides, and other pertinent planning documents.
3.
Location. An identification of the site location and area through the use of a location map drawn at a scale of not more than one inch equals 1,000 feet. The location map shall depict all streets, adjoining properties, zoning district boundaries and municipal boundaries within 2,500 feet of any part of the tract.
4.
Description of the Project. An identification of the nature of the proposed development through the presentation of the following:
(a)
A site development plan including notes pertaining to the number and type of lots or units, the square footage and/or acreage of the tract, and a depiction of the features which are proposed such as streets, driveways, parking areas, buildings, and other structures, and all impervious surfaces.
(b)
Floor plans and elevations depicting the proposed size, square footage, height, and number of buildings and/or other structures.
(c)
A statement indicating the existing and proposed ownership of the tract and where applicable, the type of ownership, operation and maintenance proposed for areas devoted to open space.
(d)
A statement indicating the proposed staging or phasing of the project and a map depicting the boundaries of each stage or phase of the project.
5.
Physical Resources Inventory. An identification of physical resources associated with the natural environment of the tract including such features as geology, topography, soils, hydrology and the like. The identification of physical resources shall include a narrative description of the qualitative aspects of each of the resources mentioned above. In addition, these resources shall be mapped as specified below and may be either incorporated into the impact statement report or submitted as attachments to the report.
(a)
A map depicting the geological characteristics of the tract. Such map shall define the location and boundaries of the rock formations at or influencing the tract and features such as faults and fractures.
(b)
A map depicting the topographic characteristics of the tract. Such map shall contain contours with two foot intervals and shall depict slopes in the following categories: 0% to 10%, 10% to 15%, 15% to 20%, and 20% and greater.
(c)
A map depicting the soil characteristics of the tract. Such map shall depict all soil types and shall include a table identifying soil characteristics pertinent to the proposed project such as prime agricultural soils in the AP District, depth to bedrock, depth of water table, flood hazard potential, and limitations for on-site sewerage disposal. List and describe each soil type found on the site. If applicable, provide percolation data. Where the proposed area of land disturbance will involve soils with moderate or severe limitations (as per the Hunterdon County Soil Survey) relative to the type of project proposed, a complete mapping of all soil types on the site shall be required indicating where those moderate and severe limitations exist.
(d)
A map depicting the hydrological characteristics of the tract. Such map shall depict: surface water resources, their drainage characteristics, watersheds and floodplains, and groundwater resources. Surface water resources include features such as creeks, runs and other streams, ponds, lakes, and other natural bodies of water, springs, wetlands, and any man-made impoundments. Groundwater resources include features such as aquifers and aquifer recharge areas.
6.
Biological Resources Inventory. An identification of biological resources associated with the natural environment of the tract including such features as vegetation and wildlife. The identification of biological resources shall include a narrative description of each of the resources mentioned above. In addition, these resources shall be mapped at a scale of not smaller than 100 feet to the inch, as specified below; and may be either incorporated into the impact statement report or submitted as attachments to the report.
(a)
A map depicting the vegetation characteristics of the tract. Such map shall define the locations and boundaries of the woodland and forest areas of the tract and shall note the types of vegetation associations which exist in terms of their species types and sizes. In addition, all trees 10 inches in diameter or greater shall be accurately located and identified on the map whether they are free-standing trees or tree masses.
(b)
A map depicting characteristics associated with wildlife habitats. Such map may draw upon vegetation, hydrology, and soils maps in order to express habitat characteristics associated with terrestrial and aquatic wildlife on the tract and the relationship of the overall habitat(s).
7.
Land Use Inventory. An identification of the land use conditions and characteristics associated with the tract such as: current and past use, land cover and encumbrances, and the relationship of these to adjacent tracts. The identification of land use conditions and characteristics shall include a narrative description of the above. In addition, the following maps drawn at a scale of not smaller than 100 feet to the inch shall be incorporated into the impact statement report or submitted as attachments thereto:
(a)
A map depicting the land cover characteristics of the tract. Such map shall define existing features including: impervious surfaces, tract encumbrances (easements, etc.), wooded areas, cultivated areas, pasture, old fields, lawn and landscaped areas, and the like.
(b)
A map depicting surrounding land uses within 500 feet of the proposed tract. Such map may be at the same scale as the location map.
8.
Surface Water Inventory. Describe existing watercourses and waterbodies that are partially or totally on the site and their relationship to the area of land disturbance. Calculate existing surface water runoff from the site and the associated watershed, including the potential development of the remainder of the watershed. When natural drainage patterns will be significantly altered, an analysis shall be conducted which will investigate flow, depth, capacity, and water quality of the receiving waters. Floodplains shall be delineated in accordance with the Department of Environmental Protection. Existing drainage structures shall be mapped and the capacity of the drainage network shall be determined. Additionally, wetlands as per the Department of Environmental Protection and their appropriate buffers shall be defined and delineated.
9.
Subsurface Water Inventory. Describe the subsurface water conditions on the site both in terms of depth to groundwater and water supply capabilities of the site. Where existing conditions warrant, provide detailed information regarding existing wells within 1,000 feet of the site relative to depth, capacity, and water quality. Discuss the water supply capabilities of the adjacent areas and the recharge capabilities of the site.
10.
Historic Resources Inventory. An identification of the man-made resources associated with or within 500 feet of the tract which are older than 50 years. Areas, structures, and/or routes and trails included in the Township of Union Master Plan, the Hunterdon County Master Plan Sites of Historic Interests, and the State and National Registers of Historic Places shall be identified. The identification of historic resources shall include a narrative description of the above. In addition, a map drawn at a scale of not smaller than 100 feet to the inch depicting historic resources shall be incorporated into the impact statement or submitted as an attachment to the report.
11.
Visual Resources Inventory. An identification of the visual resources associated with the tract such as areas which have a particular amenity value and areas which offer interest in viewing the tract. The identification of visual resources shall include a narrative description of the above. In addition, a map drawn at scale of not smaller than 100 feet to the inch depicting visual resources shall be incorporated into the impact statement or submitted as an attachment to the report.
12.
Community Needs Inventory. An identification of the community facility needs associated with the users and/or residents of the proposed development. The community facility needs assessment shall indicate in narrative form the type of services which will be in demand. Where applicable, community facilities (such as schools, park and recreation areas, libraries, hospitals and other health care facilities, fire protection, police protection, ambulance and rescue service and postal services) shall be discussed in terms of the ability of existing facilities and services to accommodate the demands of future users and/or residents of the tract and the need for additional or expanded community facilities.
13.
Utility Needs Inventory. An identification of the utility needs associated with the users and/or residents of the proposed project. The utility needs assessment shall indicate in narrative form the type of installations which will be in demand. Utilities (such as those used for water supply, sewage disposal, refuse disposal, stormwater drainage, communications, and electrical transmission) shall be discussed in terms of: the ability of the existing utility installations to accommodate the demands of the future users and/or residents of the tract; the need for additional or expanded utility installations; the ability to achieve an adequate, potable quantity of water; the ability to achieve an adequate system for on-site sewage disposal whenever such a system is proposed; and the ability to achieve an adequate system for storm drainage and stormwater management. Certificates from the utilities confirming that adequate capacity exists to service the proposed development shall be included.
14.
Transportation System Inventory. An identification of the relationship of the transportation and circulation system needs network. A discussion of this relationship shall be in narrative form and shall indicate factors such as methods to be used for traffic control within the tract and at points of ingress to and egress from it and expected traffic volumes generated from the project including their relationship to existing traffic volumes on existing streets for both peak hour and non-peak hour traffic conditions. In addition, there shall be a discussion of the physical conditions of the existing streets which will service the proposed project and what improvements are proposed to remedy any physical deficiencies.
15.
Demographics. An identification of the demographic characteristics related to the proposed development. The characteristics which shall be presented in narrative form shall include a profile of the future users and/or residents of the tract including information such as the number of people expected. Such information shall be related to initial and completed project conditions.
16.
Fiscal Impact. An identification of the economic and fiscal characteristics which shall be presented in narrative form shall include a profile of the Township, County and school district revenues which the proposal may generate and the Township, County and school district costs it may create. Such information shall be related to initial and completed project conditions.
17.
Existing Conditions. An identification of characteristics and conditions associated with existing, construction related, and future air and water quality and noise levels, vibration, toxic materials, electrical interference, odor, glare and heat, fire and explosion, smoke, dust, fumes, vapors and gases, and/or radioactive materials.
18.
Environmental Protection Standards. An identification of compliance with environmental protection standards and site capacity calculations as described in § 30-6 of the Land Use Code.
19.
Licenses and Permits. An identification of all licenses, permits or other approvals required by law for the development and the status of each.
20.
Impacts Inventory. The report shall state the implications of the proposed project in terms of the type of beneficial or adverse effects which may result from it and the duration of these effects in terms of their short-term or long-term nature. To indicate such effects, there shall be a discussion of the implications of the proposed project to the resources, conditions, and characteristics described above. In addition to a narrative presentation of implications, the applicant shall display where the project adversely affects the tract's resources, conditions or characteristics through the use of a map drawn at a scale of not smaller than 100 feet to the inch, wherein the areas adversely affected from the proposed development are highlighted.
21.
Alternative Analysis. Alternatives within the project which would preclude, reduce or lessen potential adverse impacts or produce beneficial effects shall be discussed. To indicate such alternatives, the applicant shall submit exhibits or diagrams which will depict the type of alternatives described in narrative form. The applicant shall comment on alternatives such as: revised location, design, layout or siting of buildings, roads and other structures and the reduction in the size of the proposed structures or number of structures.
22.
Adverse Impacts. Probable adverse effects which cannot be precluded, including: water quality and quantity, air quality, noise, undesirable land use patterns, damage or destruction of significant plant or wildlife systems, aesthetic values, destruction of natural resources, displacement of people and businesses, displacement of viable farms, employment and property taxes, destruction of man-made resources, disruption of desirable community and regional growth, and health, safety and well being of the public. In indicating such effects, a discussion shall be presented regarding whether they will have primary or secondary implications, that is, whether the adverse effects will have a direct or indirect influence on a particular resource, condition, or characteristic.
23.
Mitigation Measures. Measures to mitigate adverse effects. To indicate such measures, the applicant shall submit exhibits or diagrams which will depict the type of remedial, protective and mitigative measures described in narrative form. These measures shall include those required through existing procedures and standards, and those unique to a specific project as follows:
(a)
Mitigation measures which pertain to existing procedures and standards are those related to current requirements of the State, County and/or Township for remedial or protective action such as: soil erosion and sedimentation control plan, stormwater management plan, water quality control and air quality control.
(b)
Mitigation measures related to impacts which may be unique to a specific project are those related to efforts such as: revegetation, screening, fencing, emission control, traffic control, noise control, relocation of people and/or businesses, and land acquisition.
24.
Irreversible Impacts. Any irreversible environmental changes which would occur due to the proposed project should it be implemented. To indicate such changes, the use of nonrenewable resources during the initial and continued phases of the project shall be discussed. Further, the loss of environmental resources shall be indicated through a presentation of the quantity of loss and relative qualitative effects.
25.
Conclusion. The impact statement shall include a summary/conclusion statement at the end of the report.
f.
In making its evaluation, the Planning Board may request any additional information it deems necessary to adequately assess the potential impacts. Whenever any information required in this subsection is assumed not directly applicable to the proposed project, the applicant may indicate such assumed inapplicability in the narrative of the impact statement and state which such information is considered to be inapplicable in the case of the particular project in question.
g.
The impact statement report shall be prepared by a planner certified by the American Institute of Certified Planners or its equivalent and licensed as a Professional Planner in the State of New Jersey in collaboration with other licensed professionals. All persons who participate in preparing the report shall be identified and their qualifications stated. All sources of information shall be identified when presented and a bibliography shall be attached to the report. All work in the report shall be in conformity with recognized planning, engineering, and architectural practices and principles.
h.
The Planning Board shall not approve the project unless they determine and find the proposed development:
1.
Consistent with the Township master plan;
2.
Conforms to all requirements of the Township's Land Use Code and all other ordinances, codes, permit conditions, and regulations;
3.
Will not adversely affect the health, safety and general welfare of the residents of the Township and of surrounding municipalities;
4.
Promotes the harmonious and orderly development of the zoning district involved;
5.
Will not result in appreciable harmful effects to the environment;
6.
Has been designed and conceived with a view toward the protection of resources;
7.
Compatible with the character and type of development existing in the area which surrounds the site in terms of size, scale, height and bulk of the proposed uses, and the size, shape and placement of the buildings and other structures;
8.
Will not detract from or cause harm to neighboring properties;
9.
Reflects sound engineering and land development design and construction principles, practices and techniques;
10.
Compatible with the uses permitted in the surrounding area in terms of the density and/or intensity of land use;
11.
Reflects effective site planning and design in terms of energy efficiency and environmental protection;
12.
Provides safe and efficient access to roads and will not create traffic congestion, hazardous traffic conditions, or excess traffic volumes;
13.
Provides improvements needed to guarantee compatibility with adjoining roads and properties;
14.
Provides continuity of existing circulation systems including roads, sidewalks, trails, and other walkways.
15.
Provides adequate off-street parking and loading areas which will be minimally visible and audible from adjoining public streets and neighboring properties;
16.
Utilizes effective stormwater management techniques and soil erosion and sedimentation control techniques which are in character with and complimentary to the proposed site grading and landscaping;
17.
Preserves, to the maximum extent possible, woodlands and other trees existing on the site;
18.
Will not be disruptive to surface water resources and groundwater resources;
19.
Include landscaping, in addition to that around the buildings and structures, in areas which are highly visible to the public such as entrances, along roads, trails and walkways, where the use of trees, shrubs, flowers and ground cover would be both functional and decorative; and
20.
Will not, individually or collectively, place a disproportionate or excessive demand upon the total resources available for such proposal and for any future proposal.