Township of Evesham, NJ Article II Environmental Impact Report

§ 94-13 Declaration of purpose.

It is the purpose of this article to require, as a part of a developer's application for any site plan, major subdivision, general development, planned unit development or planned residential open space development or any new type of development approval or classification hereinafter authorized to be undertaken in the Township of Evesham, the submission of an environmental impact report. The purpose of requiring such a report is to assist the Board and its consultants in assessing the impact of a proposed project upon the local and regional environment, particularly with respect to water and air resources, pollution of all kinds, drainage, waste disposal and the landscape.

§ 94-14 Filing and review of report.

A. Each applicant for Planning Board or Zoning Board of Adjustment approval with respect to any site plan, major subdivision, general development, planned unit development or planned residential open space development or any new type of development shall file seven copies of the environmental impact report, together with the original application. No environmental impact report shall be required for a minor subdivision. For all other types of development application, the Planning Board or Zoning Board of Adjustment may waive the requirement for submission of an environmental impact report or modify or reduce the requirements of the environmental impact report upon the request of the applicant. Such waiver may be granted only where the Board finds the applicant clearly demonstrated i) that because of peculiar conditions, literal enforcement of one or more of said requirements is impracticable or will exact undue hardship and ii) the waiver is supported or recommended by the Board consultant.

[Amended 6-16-2015 by Ord. No. 20-6-2015]

B. Professional review costs.

(1) To cover the cost of professional review, the applicant shall pay $25 for each acre within the proposed plan or development, with a minimum fee of $200.

(2) Upon proper application to the Township Manager for the refund of any excess fees previously paid to cover the cost of professional review, the Township Manager, in his or her sole discretion, shall have the authority to refund to said applicant any amounts no longer deemed necessary for the cost of any professional review.

C. The Board shall examine the applicant's environmental impact report in detail, together with the comments from the Board's professionals and the Environmental Commission, if applicable. If such report is deemed to be lacking in sufficient detail or is incomplete in any particular, the Board Secretary shall reject the development application as being incorrectly filed; provided, however, that the applicant shall be notified thereof within 45 days of submission of the application, or it shall be deemed properly submitted.

D. The Township Council recognizes that providing information is essential to the orderly growth and planning of the Township, and it further recognizes that the time lapse between preliminary or tentative development approvals and final approvals often results in environmental impact(s) which must be properly analyzed. It is therefore required that the provisions of this article with respect to the submission of an environmental impact report shall apply to both applications for preliminary or final approval where no environmental impact report has been previously submitted for any section or sections of a development heretofore or hereafter receiving preliminary or tentative approval.

§ 94-15 Contents of report.

The environmental impact report shall contain the following information:

A. Plan and description of development; proposed use of site. A project description, which shall specify what is to be done and how it is to be done during construction and operation, complete with maps and drawings, said maps and drawings to be drawn on a scale of one inch per 100 feet. The description shall include but not be limited to the following:

(1) Contours.

(2) Buildings.

(3) Roads.

(4) Paved areas.

(5) Grading and regrading.

(6) Adjacent natural streams.

(7) The project's relation to surrounding property and utility lines.

(8) The method and schedule of construction, including grading and clearing operations.

(9) Solid waste generation and disposal.

(10) Wastewater pretreatment.

(11) External noise.

(12) Smoke or pollution generated from heating elements and power-generating facilities.

B. Inventory of existing environmental conditions. Inventory or testing for existing development which is serviced by public water and sewer may be waived at the Board's discretion. For all other development applications specified in this chapter, an inventory of existing environmental conditions on the project tract and in the area affected by the proposed development, including the location of testing, shall be provided and shall describe:

(1) Water quality, water supply hydrology, groundwater level and condition.

(a) Surface water and groundwater studies for all applicants shall include the analysis of the state standards for residential clean-up and, without limitation, the following performed by a New Jersey State certified laboratory facility:

[1] pH.

[2] Nitrates.

[3] Total suspended solids.

[4] Total phosphates.

[5] BOD.

[6] Fecal coliform.

[7] Chlorides.

[8] Turbidity.

(b) Any applicant whose property lies in a watershed affected by any upstream manufacturing or commercial establishment or whose property itself is such a manufacturing or commercial establishment shall include, in addition to the provisions of § 94-15B(1)(a) hereinabove, the analysis of the following:

[1] Arsenic.

[2] Cadmium.

[3] Chromium.

[4] Copper.

[5] Iron.

[6] Lead.

[7] Zinc.

[8] Mercury.

(2) Air quality.

(3) Noise characteristics and levels.

All the provisions of § 94-15B(1), (2) and (3) shall be described with reference to the following standards promulgated by the Department of Environmental Protection and Energy of the State of New Jersey, as the same may be amended from time to time, and N.J.A.C. 7:9, 7:27 and 7:29.

(4) Geology.

(5) Soils and properties thereof, including capabilities limitation.

(6) Topography.

(7) Slope.

(8) Slope stability.

(9) Terrain.

(10) Soil permeability.

All the provisions of § 94-15B(4) through (10), inclusive, if applicable, shall be described with reference to criteria contained in the Burlington County Soils Survey, the Burlington County Soil Conservation District Standards and Specifications and any other pertinent soil standards.

(11) On-site and off-site sewerage systems, public and private.

(12) Vegetation [A separate map of existing vegetation shall be submitted with a scale identical to the development plan(s)].

(13) Wildlife.

(14) Wildlife habitat.

(15) Aquatic organisms.

(16) Architectural design.

(17) Historical and archaeological sites.

(18) Proposed and prior land use(s).

(19) Demography.

C. Cultural resource survey.

(1) Cultural resource submission requirements.

(a) Background study. The following list of information based upon guidelines established by the Office of New Jersey Heritage (ONJH), Department of Environmental Protection and Energy, is required on sites where cultural resource data is unknown at the present time.

[1] An excerpt (8 1/2 by 11 inches excised from the original map, or a very clear, sharp reproduction) from the United States Geological Survey, Topographic Series, 7.5 minutes, Quadrangle Sheet, clearly delineating project area, quad name, scale and North arrow. The acreage of the tract and a project map at one inch equals 100 feet (or greater) shall also be provided.

[2] A description of the project area's natural environment, such as topographic features, vegetation cover, hydrology and water sources, soil types, etc.

[3] A description, documented when possible, of the project area's former land use, as far back as can be ascertained.

[4] Photographs of the project area taken from outside looking in toward the project area and photographs of the surrounding area taken from the project area looking out. If the project involves reuse of existing buildings, individual photographs as well as streetscape photographs should be submitted. These photographs should be original, clear, glossy black-and-white prints. Each print should be captioned and numbered and keyed to a project site map.

[5] Discussion of structures (or of representative buildings) in the project area, including approximate dates of construction. If a building is more than 50 years old, include black-and-white glossy photographs as mentioned above. In addition, give aerial architectural descriptions of exteriors and interiors, historical significance, and alterations of the original appearance of the building.

[6] Description of the project, emphasizing its possible impact on archaeological sites and structures. In the event the data indicates a potential cultural resource, the applicant shall, at his own direction or at the request of the Township Archaeologist, proceed with Part II of these requirements.

(b) Stage I and Stage II surveys of cultural resources. The applicant shall provide Stage I and Stage II surveys in accordance with the requirements listed below:

[1] A Stage I survey includes subsurface testing to document the presence or absence of archaeological resources and provides general descriptive information on potentially significant historic and architectural properties. If a Stage I survey locates a cultural resource that may be eligible for Pinelands designation or inclusion in the National Register of Historic Places, a Stage II survey is undertaken.

[2] A Stage II survey entails more extensive archival research and field investigations for the explicit purpose of evaluating the integrity, boundaries, and significance of cultural resources in terms of their eligibility for Pinelands designation and inclusion in the National Register.

[3] A combined Stage I/Stage II survey shall be conducted for all projects that involve up to and including 25 acres. One report shall be submitted to the Township Archaeologist for review. For projects that involve more than 25 acres, the Archaeologist may conduct the survey in two stages. The Stage II investigation shall not begin until the Planning Board Archaeologist has reviewed and commented upon the Stage I report, and no final application until the Stage II report has been approved by the Evesham Township Planning Board.

[4] Report requirements for Stage I/Stage II surveys shall follow standards established by the Advisory Council on Historic Preservation (ACHP) and the ONJH.

(c) Report form for Stage I/Stage II cultural resource surveys.

[1] Abstract. A brief, nontechnical summary of the results of the survey, suitable for publication.

[2] Introduction.

[a] Project name and description. Note federal and Pinelands Commission involvement, if applicable. Owner's name.

[b] Location: Township/County.

[i] USGS quadrangle showing project area, with scale, North arrow, and quadrangle name.

[ii] UTM coordinates.

[iii] Other locational references.

[c] Type of investigation [i.e., level(s) of survey].

[d] Principal investigator.

[e] Did survey cover entire area of project. Yes/No. If "no," include explanation. Acreage surveyed.

[f] Dates of fieldwork.

[g] Indicate project area and area surveyed (if different) on USGS quad 7 1/2 minute series.

[h] Repository for notes and artifacts.

[3] Environment.

[a] Description of contemporary environment.

[b] Description of likely relevant prehistoric and/or historic environments, with basis for reconstruction.

[c] Description of the relationship between the study area and its regional environmental setting.

[4] Research topics. Description of research topics that influenced decisionmaking about survey design and/or significance of properties.

[5] Background research.

[a] Discussion of the documentary background research undertaken on the historic and architecturally historic properties in the project area. This research must be sufficient to develop a concise, historical analysis of the study area, including an identification of historic and social factors which influenced the development of the area, and a discussion of general historic values and data categories to be expected for this area. This research should include:

[i] A thorough search through the National Register of Historic Places (NRHP), the New Jersey State Register of Historic Places, the New Jersey Historic Sites Inventory, the Pinelands Commission Cultural Resource Inventories, the Annotated Bibliography of Cultural Resource Survey Reports Submitted to the New Jersey State Historic Preservation Officer, Acroterion study, and site files of the Township Archaeologist.

[ii] A search for maps, photographs, and drawings relevant to the study area.

[iii] A review of the published literature or available unpublished sources, on the project area's history or architectural history.

[iv] Investigation, where appropriate, of primary historic accounts such as diaries, journals, letters, newspapers, and papers of persons associated with the study area.

[v] Contact with local researchers knowledgeable about the area's history or architectural history.

[b] Evaluation of the archaeological (prehistoric and historic) background research undertaken. This research must include:

[i] A thorough search through the New Jersey State Register of Historic Places, the New Jersey Historic Sites Inventory, State Museum site maps, the Pinelands Commission Cultural Resource Inventories, the Annotated Bibliography of Cultural Resource Survey Reports Submitted to the New Jersey State Historic Preservation Office, and site files of the Township Archaeologist;

[ii] A thorough investigation of published reports, journals, and papers on archaeological resources previously identified and available unpublished studies in the project area;

[iii] Contact with nonprofessional and professional archaeologists who have experience working at archaeological sites or with archaeological data from within or adjacent to the study area;

[iv] A thorough understanding of the environmental factors that may have influenced local settlement patterns; and

[v] An understanding of the special kinds of methods and expertise which would be useful in the field.

[6] Field research.

[a] Description of the method of on-site surface inspection of the proposed project area, to be conducted in such a way that all or most of the exposed ground surface is examined. This inspection must include observation of those portions of the project area which are obscured by vegetation or debris, by means of periodic clearing and shovel probing or auger boring.

[b] Description of the subsurface test excavations in the project area. These tests must be sufficient to determine the nature and extent of any cultural resources encountered. Testing should be conducted in areas likely to contain buried archaeological materials and in areas which cannot be adequately examined by shovel probing or pedestrian survey and to provide demonstrable negative evidence.

[c] Description of other methods and techniques, if used (e.g., remote sensing).

[d] Description of any constraints on the validity of field observations (e.g., adverse weather conditions, obscured visibility, etc.).

[e] Description of any methods used to control bias in observation and reporting.

[f] Description of any adjustments made in field methods during survey.

[7] Description of analytic procedures used.

[8] Historic properties identified (if any).

[a] Attach one or more maps showing the project, the areas surveyed and the location of all subsurface testing; profiles for all test squares and/or auger holes or representative profiles, listing the numbers of all tests that share the same profile, historic maps (if available), showing cultural resources in the project area; USGS map with cultural resources clearly defined.

[b] Provide state museum site registration numbers for each archaeological site.

[c] Document the cultural, functional and chronological relation of sites within the proposed project area to each other.

[d] Document the importance of resources uncovered in terms of their regional and cultural setting.

[e] Within the Pinelands Area, document significance in terms of eligibility for Pinelands designation, including identification of the known resource groups and property types presented in the Pinelands Cultural Resource Management Plan (Plan), assessment of the ability of the site to address the research questions presented in the Plan and significance of any resources belonging to a resource group according to the evaluative procedures contained in the Plan.

[f] Document significance in terms of eligibility for inclusion in the National Register.

[g] Not all historic and prehistoric sites or properties will meet Pinelands designation or National Register criteria for eligibility. If a property is considered not eligible by the consultant, sufficient information to justify ineligibility should be clearly presented. In discussing the lack of eligibility, the consultant shall discuss the reason(s) why the site fails to meet these criteria.

[9] Evaluation of the proposed project's potential impact on each identified resource and the total resource base as well as a discussion of what the loss of part or all of these resources will have on present and future public appreciation and/or scientific investigations.

[10] Discussion of research-related conclusions, if any.

[11] Recommendations, if any, for avoidance or mitigation of significant resources.

[12] Appendices.

[a] Scope of work and proposal.

[b] Artifact inventory and provenance data.

[c] All test locations shown on site plan for development.

[d] Photos (copy for the Township Archaeologist must include original photographs, not photocopied reproductions).

[e] Supporting data.

[f] Profiles and plan views of all significant features, test units and post holes and representative examples of stratigraphic sequences when not associated with significant remains.

[g] Copy of state museum site registration form with Smithsonian site number.

[h] List of personnel.

(d) Avoidance, mitigation or removal of artifacts. The applicant is to present testimony and a plan of action for avoidance or mitigation of any adverse impacts on cultural resources. In those portions of the Township which are also a part of the Pinelands Area, the applicant's plan of action will conform to the requirements of N.J.A.C. 7:50-6.156 through 6.158. In the event avoidance is proposed, the applicant shall submit a site plan indicating how the sites are to be retained and protective measures to avoid disturbance during construction. If the site, or a portion of the site, cannot be avoided, the applicant shall present a data recovery plan, presented in accordance with standards established by the ACHP. If artifacts are to be removed, they shall be offered to the Township for a permanent display in the town or deposited with the State Museum or other suitable agency acceptable to the Township.

(e) Criteria for archaeological consultant. The applicant shall employ an archaeological consultant who meets the professional qualifications published in the Code of Federal Regulations, 36 CFR 61. These qualifications include:

[1] A graduate degree in archaeology or anthropology/archaeology;

[2] One year, full-time supervisory field experience in archaeology of the southern New Jersey area;

[3] A minimum of four months of supervised field and analytic experience in North American archaeology.

Individuals who do not meet these qualifications may apply to the Township for special consideration. These individuals must demonstrate an ability to report archaeological findings in a professional manner and must be approved by the Board.

D. If the Township has prepared an environmental inventory in connection with its Master Plan or for any other purpose, the applicant may rely upon that inventory in lieu of preparing an inventory under this article, to the extent that the Township inventory is applicable to the tract and affected area.

E. Assessment of environmental impact of project.

(1) An assessment supported by environmental data of the environmental impact of the project upon the factors described in § 94-15B and 94-15C hereinabove shall be submitted and shall include an evaluation of water use, liquid and solid waste disposal and the effects of liquid and solid waste on the quality and quantity of surface water and groundwater. The assessment shall include an evaluation of the compatibility in use and scale of the project with employment, shopping, schools, roads, open space and police and fire protection. All potential impacts are to be defined to include but not be limited to:

(a) Impact on geological and soil stability.

(b) Impact on soil erodibility.

(c) Impact on groundwater, aquifers and any aquifer recharge area.

(d) Impact on streams and lakes within or without the site, whether man-made or natural.

(e) Impact on vegetation and wildlife.

(f) Displacement of families and individuals.

(2) Any data submitted by the applicant with the application or to other agencies, including but not limited to the Department of Environmental Protection and Energy, the Burlington County Board of Health and the Burlington County Soil Conservation Service, having jurisdiction over one or more of the environmental elements specified in this section, shall be accepted by the Board as fulfilling the data requirements of this article, to the extent applicable.

F. Evaluation of environmental impacts. To the extent not covered under § 94-15E, an evaluation of:

(1) Unusual environmental impacts and damages to natural resources both on the project tract and in the area affected.

(2) A description of steps to be taken to minimize such impacts during construction and operation, with particular emphasis upon air or water pollution. The description of steps to be taken shall be accompanied by appropriate maps, schedules and other explanatory data as may be needed to clarify and explain the actions to be taken.

(3) Increase in noise.

(4) Damage to plant, tree and wildlife systems.

(5) Displacement of people and businesses.

(6) Displacement of existing farms.

(7) Increase in sedimentation and siltation.

(8) Increase in municipal services.

G. Alternatives. The applicant may be required under § 94-16D to provide a statement of alternatives to the proposed project, consistent with the zoning on the site, which might avoid some or all of the unusual environmental effects of the proposed project. The statement shall include the reasons for the acceptability or nonacceptability of each alternative.

H. Wastewater facilities. A showing that wastewater can be disposed of through facilities adequate to preclude water pollution, and the following:

(1) If disposal is by septic system:

(a) Data on underlying geology.

(b) Water table.

(c) Soil analysis.

(d) Soil stratigraphy.

(e) Representative percolation tests for each lot on the tract.

(f) Cation exchange rate at two feet and six feet below the surface of the ground.

(g) Adequate test borings, in the opinion of the Board Engineer, to determine the direction and flow of groundwater.

(h) Topography and location and depth of aquifers.

(i) Depth, insofar as such information is practically available, of all wells within 250 feet of the site or in the affected area, whichever is greater.

(2) If disposal is by a central treatment facility, a certification of availability, prior to final approval, from the Municipal Sewerage Authority, Municipal Utilities Authority or other applicable treatment facility.

(3) Compliance with all state and local sewage and health regulations.

I. Water supply. A showing that an adequate potable water supply is available and not threatened by nearby use of other land, and the following:

(1) If the supply is from off-site public facilities, including private water companies, a certification of availability, prior to final approval, from the public or private facility; or

(2) If the supply is from on-site sources:

(a) Location and depth, insofar as such information is practically available, of all private and public water supplies within 250 feet of the site or in the affected area, whichever is greater.

(b) Location, depth and adequacy of proposed private or public water supplies to serve the proposed project.

(c) Geologic description of subsurface conditions, including expected groundwater yields, using published geologic reports or a report by a geologist.

(3) Compliance with all state and local regulations.

J. Drainage. A showing that stormwater runoff from the site is so controlled that on-site and off-site erosion is neither significantly caused nor significantly worsened and that the potential of downstream flooding is not significantly increased, and the following:

(1) Volume and peak flow rates of stormwater runoff expected from the undeveloped site and to be generated by new improvements, which shall include volumes and rates for ten-year, twenty-five-year and one-hundred-year storm frequencies having durations producing maximum flow rates before and after the proposed development. Such data shall apply to the site in general and reflect the magnitude of change in runoff and shall not cover each and every reach of the entire drainage system.

(2) Data on landscaping, vegetation, trees and ground cover existing on the site, compared with that proposed.

(3) Changes of runoff rates and volumes to be caused by changes in land use and the time of concentration.

(4) Plans for disposition of stormwater, whether by retention on the site or by means of channeling so as to protect downstream property.

(5) Stream encroachments. Encroachment permits shall be provided, prior to final approval, if the same are required from the Division of Water Resources for:

(a) Fill or diversion of water channel.

(b) Alteration of a stream.

(c) Repair or construction of a bridge.

(d) Culverts.

(e) Reservoirs.

(f) Dams.

(g) Walls.

(h) Pipelines or cable crossings.

(6) Floodplains. A description of potential flood damages, including a summary of flood sites from state and federal sources.

K. Solid waste disposal. A plan for disposal by means of a facility operating in compliance with the State Sanitary Code.

L. Air pollution. A showing that emissions to the atmosphere from point sources will be in compliance with state and federal laws and regulations and a description of the means by which dust created by construction of the building project will be controlled.

M. Licenses, permits, etc. A list of all licenses, permits and other approvals required by municipal, county or state law and the status of each.

§ 94-16 Environmental criteria in reviewing applications for development.

In reviewing any application for development, the Planning Board or Zoning Board of Adjustment shall apply the following criteria:

A. The impact of the applicant's proposal upon all aspects of the environment, including but not limited to the following:

(1) Sewage disposal.

(2) Water quality.

(3) Water supply.

(4) Preservation of trees and vegetation.

(5) Protection of watercourses.

(6) Protection of air resources.

(7) Protection of aquifers.

(8) Protection of public lands and their uses and ecosystems.

(9) The presence of nuisance factors.

(10) Archaeological factors.

B. The Board's determination upon any application for development shall consider the environmental impacts affecting the subject property. In reaching a conclusion on the acceptability of an environmental impact or the protective measures to be taken, the Board shall accept approvals obtained by the applicant from other agencies having jurisdiction over one or more of the elements insofar as such approvals satisfactorily address environmental impacts identified under this article, such as the New Jersey Department of Environmental Protection and Energy, the Burlington County Board of Health, the Burlington County Soil Conservation Service, the Pinelands Commission and the Township Environmental Commission.

C. The Board shall consider the following specific factors in deciding upon an application for development:

(1) Whether the proposed development will result in significant harm to the natural environment.

(2) Whether the proposed development has been designed with a view toward the protection of natural resources.

(3) Whether the proposed development will place an excessive demand upon the total resources available for such proposal.

(4) Whether the proposed development will significantly degrade water quality in the watershed.

(5) Whether the proposed development will significantly raise stream flood levels.

D. In applying the criteria contained in § 94-16C, the Board may require the applicant to provide a statement of alternatives to the proposed project in accordance with § 94-15G. The Board may also condition its approval of the application in any manner reasonably necessary to assure compliance with the criteria.

§ 94-17 Public and quasi-public projects.

An environmental impact report as required herein shall also be submitted to the Township for all public or quasi-public projects, unless they are exempt from the requirements of local law by supervening county, state or federal law.