§ 175-99. Environmental impact statement.
[Amended 2-27-1995 by Ord. No. 2-1995; 1-27-2020 by Ord. No. 001-2020]
   A.   Purpose. The Town of Hammonton has, as one of its governing body's overall policies, the promotion of the environment. This policy will foster the health, safety and welfare in the town and encourage all development to advance with this policy as a criteria to be met.
   B.   Environmental, impact statement. An environmental impact statement shall include the following information:
      (1)   Identification.
         (a)   The application number.
         (b)   The name of the development.
         (c)   The block and lot numbers.
         (d)   The name, address and telephone number of the applicant and, if applicable, all shareholders or members, if a limited liability company.
         (e)   The name, address and telephone number of all property owners.
         (f)   The name, address and telephone number of all agents, lawyers, consultants, etc.
         (g)   The type of development.
         (h)   A list of all licenses, permits and other approvals required by law.
         (i)   An indication of the area of the site, the area to be developed and the area to be covered by impervious surfaces and structures.
         (j)   The method and schedule of construction.
         (k)   The location of the proposed project, including a location map.
      (2)   Existing conditions.
         (a)   Describe the present condition of the site in terms of the following (include maps showing all trees greater than 20 inches in diameter and densely vegetated areas, soils on the site, soil sampling sites, and wetlands; include photographs if appropriate or if requested):
            [1]   Vegetation.
               [a]   Trees greater than 20 inches in diameter must be individually located.
               [b]   A verbal description summarizing the general locations of trees greater than 10 inches in diameter shall be given.
               [c]   List dominant vegetation on the site and explain how the list was compiled.
               [d]   Are there any threatened or endangered species of vegetation present on the site? If so, please identify them and their locations.
            [2]   Soils.
               [a]   In the description, include suitability and limitations.
               [b]   Provide soil-boring logs from both topographically low and topographically high areas as well as from potential sites for retention/detention basins.
               [c]   Indicate the date of soil boring.
               [d]   Determine depth to seasonal high-water table and criteria used to determine that depth.
               [e]   If an area has been identified as formerly an agricultural site, soil sampling must be completed or in the alternative, a Phase I Report provided. Soil sampling must follow the established DEP protocol for assessing pesticide residue from the historic use of pesticides.
            [3]   Wetlands, including streams, ponds, lakes, vernal ponds, drainage basins and other bodies of water.
            [4]   Water quality.
               [a]   Using any available data, describe the quality of groundwater and any surface water, including lakes, streams, ponds or vernal ponds.
               [b]   Provide groundwater studies pertaining to the site.
               [c]   Establish the relationship of the site to area watersheds.
            [5]   Water supply.
               [a]   Is municipal water available at the site?
               [b]   What is the proposed source of the water supply?
               [c]   What are the project's daily and peak demands for water?
               [d]   List any on-site wells, including capacity and depth, if possible.
               [e]   Provide information showing that adequate potable water is available. Include certifications.
            [6]   Sewage.
               [a]   Is the site currently sewered by Municipal Sanitary Sewer?
               [b]   If not, can the site be serviced by the municipal sanitary sewer system?
               [c]   If not, how will sewage be handled?
            [7]   Wildlife.
               [a]   List predominate wildlife on the site and explain how the list was compiled.
               [b]   List aquatic organisms, if any, and explain how the list was compiled.
               [c]   Have any threatened or endangered species of wildlife been documented or seen on the property? If so, please identify them.
            [8]   Structures, roads and other cultural features.
            [9]   Current population density.
            [10]   Zoning and land use within a one-fourth-mile radius.
            [11]   Noise levels.
            [12]   Traffic conditions. Verbal description of traffic passing the site, discussion of origin and route of traffic to the site and destination and route of traffic leaving the site.
            [13]   Air quality.
         (b)   Submit an ecological inventory of the site, performed by a qualified consultant (needed only for sites greater than 50 acres).
         (c)   Complete a cultural resource survey, if required by Pinelands or other agencies.
         (d)   List, locate on a site map and describe any environmentally sensitive areas, including the following:
            [1]   Freshwater marshes, streams or other wetlands.
            [2]   Flood-prone areas.
            [3]   Aquifer recharge areas.
            [4]   Woodland and wildlife.
            [5]   Agricultural land.
            [6]   Historical sites.
            [7]   Federal or state lands.
            [8]   Vernal ponds.
         (e)   List, locate on an appropriate map and describe any potential environmental hazards, including the following:
            [1]   Any point or nonpoint pollution sources on or near the site.
            [2]   Any landfills or former landfills on or near the site. Address their effects or potential effects on water quality.
            [3]   Any hazardous, toxic, dangerous substances currently used, stored or deposited on the site.
      (3)   During and after development.
         (a)   Describe the project, specifying what is to be done during construction and subsequently, during the operation of the facility.
         (b)   Describe any development proposed for flood hazard areas.
         (c)   What will be the project's effect on:
            [1]   Topography of the site. Describe grading for aesthetics, construction and drainage.
            [2]   Vegetation. Include any inventory of trees to be lost, noting size and type. Trees greater than 20 inches in diameter must be individually located.
            [3]   Surface waters. Include on-site and off-site drainage plans, proposed non-structural stormwater management installations, drainage control devices, disposition of stormwater and slope stability.
            [4]   Groundwater quality and quantity.
            [5]   Wildlife, including patterns of animal behavior and habitat fragmentation
            [6]   Existing structures and other man-made resources.
            [7]   Population density.
            [8]   Nearby land use.
            [9]   Aesthetics. Include building and landscape design.
            [10]   Noise levels. Include location and decibel rating for noise generation on site during construction and during intended use.
            [11]   Traffic conditions. Include a verbal description of traffic passing the site, discussion of origin and route of traffic to the site and destination and route of traffic leaving the site.
            [12]   Air quality (commercial or industrial development only). List sources and types of pollution.
            [13]   Environmental hazards. Include what hazardous materials will be present during and after construction.
            [14]   Recreational uses.
            [15]   Waste disposal.
            [16]   Energy use.
            [17]   Municipal services. Include police, fire, roads, schools, trash collection, etc., or a fiscal impact statement.
            [18]   Pattern of community and regional growth.
            [19]   Displacement of viable farms.
         (d)   List adverse impacts which cannot be avoided.
         (e)   Describe methods to avoid or minimize adverse environmental impacts associated with the project.
         (f)   Discuss alternatives to the proposed project consistent with zoning on the site, and including the alternative of no additional development of the site.
   C.   Major subdivision or major site plan requirement.
      (1)   Every major subdivision or major site plan which is proposed for the purpose of any kind of development, present or future, requires an environmental impact statement.
      (2)   The environmental impact statement shall accompany the preliminary plat in all cases.
      (3)   The applicant must submit answers or comments for each item in the Environmental Impact Statement. All answers or statements are to be substantiated.
      (4)   Environmental impact statements must be submitted to the Environmental Commission two weeks prior to the scheduled Environmental Commission meeting at which the applicant expects it to be reviewed.
      (5)   At its discretion, for minor subdivisions or minor site plans, the Planning Board may request submission of an environmental impact statement for Environmental Commission review if the Planning Board wishes to have additional information for review of an application.
   D.   Waiver of certain requirements. The applicant may, by written request, petition for a reduction in the environmental impact statement. The Environmental Commission may agree to a modified environmental impact statement. In such cases, the Environmental Commission shall designate the items to be included. All of the designated items are to receive an answer or comments. All answers or statements are to be substantiated.
   E.   Pesticide residue.
[Added 8-26-2002 by Ord. No. 34-2002]
      (1)   Soil quality.
         (a)   All properties subject to development which are not exempt shall comply with the residential soil cleanup criteria established by the New Jersey Department of Environmental Protection.
         (b)   The developer shall be required to produce evidence that soils have been properly sampled and tests for pesticide residue have been conducted following the guidelines established by the Historic Pesticide Contamination Tack Force.
         (c)   In the event the soil samples are determined to contain contaminates in excess of the residential soil cleanup criteria, the developer is required to enter into a memorandum of agreement with the New Jersey Department of Environmental Protection and submit to the Town of Hammonton, the Planning Board and the Zoning Board a "no further action letter" issued by the New Jersey Department of Environmental Protection prior to obtaining final approval.
      (2)   Exemptions. Property shall be deemed exempt from the requirements of this section if the developer can produce clear and convincing evidence that the property subject to development was never used for agriculture purposes.
      (3)   Condition of final approval. A final approval shall not be issued unless and until the applicant produces a memorandum of agreement with the New Jersey Department of Environmental Protection and/or receives a "no further action letter," which shall be filed with the Town of Hammonton.