No railroad track or portion thereof shall be installed, erected, constructed, altered, laid or moved within the limits of the township until the plans shall first have been submitted to the township planning board and the bureau of rail in the department of transportation and approved by the planning board after public notice and a public hearing, which public notice and public hearing shall be in conformity with the usual notices and public hearings prescribed for all matters to be heard by the planning board. (Ord. No. 21-00, § 175-56, 4-18-2000)
The purpose of this article is to establish rules, regulations, standards and procedures for the preparation of an environmental impact statement by the applicant in order to provide essential information to the appropriate reviewing board so that the environmental consequences of a proposed activity can be evaluated and controlled for the promotion of the safety, public health, convenience and general welfare of the community. The environmental impact statement shall describe, with suitable sketches and plans, the proposed project. The environmental impact statement shall complement, rather than duplicate, the site plan and building plan and shall include a survey and description of the environmental features of the property. (Code 1988, § 175-184(A))
(a) Statement required. All applications for subdivision, site plan, conditional use or variance, except those exempted under section 62-151(c), shall be required to include an environmental impact statement unless waived in accordance with subsection (c) of this section.
(b) Exemptions. The following shall be exempt from the environmental impact statement requirement:
(1) All agriculture operations conducted in accordance with a plan approved by the soil conservation district and accepted agricultural management practices as defined by the state agricultural development committee.
(2) All silviculture operations conducted in accordance with a plan prepared by a professional forester.
(c) Waiver. The director of planning and development or, for those applications which require approval by the planning board or zoning board of adjustment, the appropriate reviewing board may waive the environmental impact statement requirement where the application and other sources of information available to the director or reviewing board demonstrate that the proposed activity will not involve an environmentally detrimental or potentially environmentally detrimental use. The director of planning and development or reviewing board shall seek the advice of the environmental commission before rendering a waiver decision. Any request for a waiver of this requirement shall be made in writing with reasons as to why the waiver should be granted. (Code 1988, § 175-184(B))
(a) General requirements. The information required for an environmental impact statement shall be presented in a concise descriptive report. The descriptive report shall be supplemented with graphic and explanatory material when environmentally sensitive areas are involved. Environmentally sensitive areas include but are not limited to stream corridors and floodplains, streams and water bodies, wetlands, slopes greater than five percent, highly acidic or erodible soils, mature stands of trees, aquifer recharge areas, aquifer discharge areas and unique natural features and habitats.
(b) Specific requirements. Specific requirements are as follows:
(1) Project description. Indicate the purpose and scope of the proposed project; describe the suitability of the site for the intended use; and indicate the extent to which the site must be altered, the kinds of facilities to be constructed, the uses intended and an estimate of the resident population and working population. The compatibility or incompatibility of the proposed project shall be described in relation to the following:
a. Township master plan, especially the land use and open space elements.
b. The county master plan.
c. Regional and state planning guides.
d. Other pertinent planning documents.
(2) Site description and inventory. The following site description and inventory shall be submitted:
a. Types of soil. A complete mapping of all soil types on the site shall be required and a description of each soil's characteristics shall be included, with reference to the soil survey of the county. The statement should make specific reference to the soil survey tables for engineering index properties, soil and water features, and, where applicable, sanitary facilities.
b. Topography. Describe the topographic conditions of the site.
c. Geology. Describe the geologic formations and features associated with the site as well as depth-to-bedrock conditions, delineate those areas where bedrock is in close proximity to the surface (within two feet of the surface), as well as major rock outcroppings.
d. Vegetation. Map and describe the diversity and frequency of all major species.
e. Wildlife. Describe the diversity and extent of wildlife habitats; identify any unique habitats.
f. Surface water. Describe and map existing watercourses and water bodies that are partially or totally on the site; determine the existing surface runoff from the site. Existing drainage structures shall be mapped, and the capacity of the drainage network shall be determined. When the natural drainage pattern will be significantly altered or sewage effluent is to be added to a watercourse or water body, an analysis shall be conducted which will investigate flow, depth, capacity and water quality of the receiving waters.
g. Subsurface water. Where existing conditions warrant, describe the subsurface water conditions on the site, in terms both of depth to groundwater and of water supply capabilities of the site; from existing data, provide detailed information regarding existing wells within 500 feet of the site as to depth, capacity and water quality
h. Unique, scenic and/or historic features. Describe and map those portions of the site which can be considered to have unique, scenic and/or historic qualities; discuss views to and views from prominent locations in the township. Consistent with the township's commitment to preserving its heritage, sites shall be reviewed prior to any development to determine if the site contains any historic site significance. Adjacent properties to such development site shall also be reviewed prior to any development for the same purpose. The developer of any site shall certify to the township whether the site, or adjacent properties, does or does not contain any historic site significance. Any site containing historical or archaeological significance shall be preserved and protected insofar as practicable.
i. Existing development features. Describe any existing features on the site that are not considered to be part of the natural environment; include roads, housing units, accessory structures, utility lines, sewer facilities and public water supplies. When required, a regional analysis should be included, which describes existing infrastructure for stormwater, sewerage, water supply and transportation.
(3) Environmental impact. The environmental impact shall be included as follows:
a. Describe on-site sewer facilities and offsite sewer connections; demonstrate adequacy of both on-site and offsite sewer facilities and capacities and that the sewage can be disposed of without pollution to natural and manmade water systems.
b. Demonstrate that an adequate potable water supply is available for both domestic use and fire protection, and demonstrate compliance with N.J.S.A. 58:12A-1 et seq., the New Jersey Safe Drinking Water Act, and the board of health individual and semipublic water supply code.
c. Discuss the effect of the proposed activity on groundwater and surface water quality and quantity; include calculations of before-development and after-development infiltration capacity; describe any activities which may result, even temporarily, in noncompliance with relevant water quality standards and demonstrate ability to comply permanently with state and local regulations as set forth in N.J.A.C. 7:8, Stormwater Management Rules, N.J.S.A. 26:3B-2 and 26:3B-3 pertaining to nuisances; N.J.A.C. 7:14, Water Pollution Control Act; N.J.A.C. 7:14A-1,New Jersey Pollution Discharge Elimination System; division 5 of article III of chapter 18 pertaining to the public health nuisance code; division 3 of article V of chapter 18 pertaining to the sewage disposal code; and subdivision II of division 2 of article V of chapter 18 pertaining to water supply protection.
d. Describe any impact on stream corridors, wetlands, erodible soils, vegetation, wildlife habitats, aquifer recharge areas and historically or archaeologically significant areas.
e. Describe any effect, including cumulative effects, of the proposed activity on air quality surrounding the project. Demonstrate compliance with relevant state and local regulations and standards for visible and invisible pollutants in the air as set forth in N.J.A.C. 27 pertaining to air pollution control; division 5 of article III of chapter 18 pertaining to the public health nuisance code; and division 2 of article III of chapter 18 pertaining to air pollution control.
f. Demonstrate that there will be no significant increase in sound levels which will adversely impact public health and welfare nor be detrimental to the quality of life and privacy of the surrounding community; demonstrate compliance with N.J.A.C. 7:29 pertaining to noise control and division 5 of article III of chapter 18 pertaining to the public health nuisance code.
g. Describe any hazardous substances to be transported to or from or to be stored at the site and solid waste which will be generated by the proposed activity; demonstrate compliance with relevant state and local regulations and standards as set forth in N.J.S.A. 13:1K-6 et seq., the Environmental Cleanup and Responsibility Act; N.J.A.C. 7:1E-1.1 et seq. pertaining to discharges of petroleum and other hazardous substances; N.J.A.C. 7:30 pertaining to pesticide control; and division 4 or article III of chapter 18 pertaining to hazardous substance control.
h. Describe the environmental impact of traffic generation.
i. Describe any adverse environmental effect that may occur during the construction phase of the project.
j. List all known licenses, permits and other forms of approval required by the township, as well as agencies of the county, state and federal governments. Where approvals have been granted, attach copies; where approvals are pending, a note shall be made to that effect.
k. List all publications, file reports, manuscripts or other written sources of information related to the project, the project site and the township which were consulted and employed in the compilation of the environmental impact statement.
(4) Environmental performance controls. Describe in detail what measures will be employed during the planning, construction and operation phases which will minimize or eliminate negative impacts on and off site resulting from the proposed activity, including but not limited to the following:
a. Site design techniques sensitive to the natural environment, which should include innovative landscapes, building and circulation design and buffers.
b. Stormwater management strategies that will limit adverse impacts from stormwater runoff and meet requirements for low impact development.
c. Sewage disposal techniques.
d. Water supply and water conservation proposals. e. Energy conservation measures.
f. Pollution control measures that favorably affect air quality and water quality and reduce noise.
g. Open space reserves. h. Procedures for chemical spill prevention, control and cleanup.
(5) Name, address and qualifications of person who prepared statement. The name and address of the person who prepared the environmental impact statement and his. curriculum vitae. (Code 1988, § 175-184(C); Ord. No. 68-99, 10-19-1999; Ord. No. 2007-16, § I, 3-27-2007)
The municipal reviewing board shall use the environmental impact statement and any other available information to evaluate environmental impact and, where appropriate, formulate reasonable and necessary conditions of approval which will mitigate adverse environmental impact. (Code 1988, § 175-184(D))
(a) Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be accomplished by maximizing the use of nonstructural or low impact techniques before relying on structural best management practices (BMPs). Structural BMPs should be integrated with nonstructural stormwater management strategies and proper maintenance plans in order to minimize the use of structural BMPs. Nonstructural strategies include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater. Source control plans should be developed based upon physical site conditions and the origin, nature, and the anticipated quantity or amount of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.
(b) Purpose. It is the purpose of this article to promote the public health, safety and general welfare and to allow the natural recharge of groundwater supplies, protect the ecological health and function of streams and the quality of the waters, alleviate hazards to health and property from stormwater runoff and minimize public and private losses due to stormwater runoff damage. Neither property owners whose land is at a lower elevation nor neighboring property owners nor the public at large should bear the cost incident to stormwater runoff damage caused by land disturbance. Rather, these costs should be borne in the first instance by the individual property owner or developer who engages in the disturbance which may result in increased or altered stormwater runoff.
(c) Applicability.
(1) This article shall be applicable to all site plans and subdivisions for the following developments that require preliminary site plan or subdivision review:
a. Nonresidential developments; and
b. Aspects of residential developments that are not pre-empted by the residential site improvement standards at N.J.A.C. 5:21.
c. A permit for any land disturbance or construction.
(2) This article shall also be applicable to all developments undertaken by the Township of South Brunswick.
(3) The following developments shall be exempt from the requirements of this article:
a. Sites to be used for agricultural or gardening purposes.
b. Residential sites with less than one acre of land disturbance and that are not part of any larger development project.
(4) The development review board may waive the requirements of this article on site plans or subdivisions that ultimately disturb less than one acre of land or increase impervious surface by less than one-quarter acre, upon the recommendation of the township engineer, where it is satisfied that the proposed activity will not result in stormwater runoff damage.
(d) Compatibility with other permit and ordinance requirements. Development approvals issued for subdivisions and site plans pursuant to this article are to be considered an integral part of development approvals under the subdivision and site plan review process and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this article shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This article is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this article imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control. (Ord. No. 2007-15, § I, 3-27-2007; Ord. No. 2007-28, § I, 5-8-2007)
Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application. The definitions below are the same as or based on the corresponding definitions in the stormwater management rules at N.J.A.C. 7:8-1.2.
CORE means a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
DEPARTMENT means the New Jersey Department of Environmental Protection.
DESIGNATED CENTER means a state development and redevelopment plan center as designated by the state planning commission such as urban, regional, town, village, or hamlet.
DESIGN ENGINEER means a person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
DEVELOPMENT means 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 structure, 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, by any person, for which permission is required under the Municipal Land Use Law, NJSA. 40:55D-1 et seq. In the case of development of agricultural lands, development means: any activity that requires a state permit; any activity reviewed by the county agricultural board (CAB) and the state agricultural development committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, NJSA 4:1C-1 et seq.
DEVELOPMENT REVIEW BOARD means the Township of South Brunswick Planning Board or Zoning Board of Adjustment.
DISTURBANCE means the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.
DRAINAGE AREA means a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.
ENVIRONMENTALLY CRITICAL AREAS means an area or feature which is of significant environ- mental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the department's landscape project as approved by the department's endangered and non-game-species program.
EROSION means the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
IMPERVIOUS SURFACE means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION is the process by which water seeps into the soil from precipitation.
**Webmasters Note: The previous sections, 62-2571(b) through the previous definition of 62- 2572, have been amended as per Supplement No. 10.
NODE means an area designated by the state planning commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON means any individual, corporation, company, partnership, firm, association, township, or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, NJSA. 40:55D-1 et seq.
POLLUTANT means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
RECHARGE means the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
SEDIMENT means solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
SITE means the lot or lots upon which a development is to occur or has occurred. Soil means all unconsolidated mineral and organic material of any origin.
STORMWATER means water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER RUNOFF means water flow on the surface of the ground or in storm sewers, resulting from precipitation.
STORMWATER MANAGEMENT BASIN means an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin, also known as wet ponds), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE means any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.
WATERS OF THE STATE means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS OR WETLAND means an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. (Ord. No. 2007-15, § I, 3-27-2007)
