No application for development shall be approved
unless it has been affirmatively determined, after an environmental
appraisal, that the proposed project:
A.
Will not result in a significant adverse impact on
the environment.
B.
Has been conceived and designed in such a manner that
it will not significantly impair natural resources.
C.
Will not place a disproportionate or excessive demand
upon the total resources available to the project site and to the
impact area.
To facilitate the environmental appraisal, all
applications for development not specifically exempted by the approving
authority shall include 10 copies of an environmental impact statement
(EIS) or an application for a waiver of the EIS requirement.
A.
The approving authority may waive the requirements
for an environmental impact statement, in whole or in part, if sufficient
evidence is submitted by the developer, in an environmental impact
report, to support a conclusion that the proposed project will have
a negligible environmental impact or that a complete environmental
impact statement need not be prepared in order to adequately evaluate
the environmental impact.
B.
For purposes of this section, an environmental impact
report shall be a report which discusses each item specified herein
for which a waiver is sought, with a statement setting forth the reason
or reasons why compliance with the statement requirements is unnecessary.
A.
Applicants shall discuss and analyze in the environmental impact statement those factors required for the particular project set forth in § 361-29 and any other factors pertinent to the proposed project.
B.
Where pertinent to the project or as required in § 361-29, the environmental impact statement shall provide the following information for consideration:
(1)
Proposed project. A description with suitable sketches
and plans of the proposed project. This item shall summarize, rather
than duplicate, the site plan and building plan.
(2)
Existing conditions of the site and affected off-site
areas. The applicant shall submit a survey and description of the
environmental features of the property recommended as the location
for the proposed project. The applicant may utilize resource information
available from the Township, Warren County Soil Conservation District,
and other official agencies. Generally, an inventory will consider
the air quality, topography, surface water bodies, surface water quality,
aquatic biota, soils, geology, groundwater, vegetation, wildlife endangered
species, and archaeological and historical features. Forest vegetation
shall be classified by type and age class. The distribution of types
and classes shall be indicated on a map, the scale of which will be
one inch equals 100 feet or other convenient scale. The location,
species and diameter at 4 1/2 feet above the ground of all isolated
trees of eight inches or more, or dogwoods of two inches or more in
diameter, shall be shown on the same or on a separate map. Current
land use of the subject property and adjacent properties within 500
feet shall indicated on a separate map.
(3)
Wastewater management.
(a)
The applicant shall submit an estimate of the
expected flow of sewage, process water and or other wastewater expected
from the proposed development.
[1]
If on-site disposal is proposed, the application
shall indicate topography, soils and underlying geology, including
water table, aquifer recharge areas and all wells within 500 feet
of the disposal area. Results of required percolation tests and soil
logs shall included.
[2]
If disposal is to an existing or new private
or public facility, the owner and location of the plant or facility,
and location of existing collection point to which the proposed project
would be connected shall be identified. The applicant shall document
that the expected flows from the proposed development will be accepted
and can be treated adequately.
(b)
The applicant shall comply with all applicable
state and municipal health regulations and with all groundwater standards
of the New Jersey Department of Environmental Protection.
(4)
Water supply.
(a)
Flow of 100,000 gallons per day or less.
[1]
If the water is to be supplied from the site
and a flow of 100,000 gallons per day or less is required, the EIS
shall:
[a]
Substantiate and explain the anticipated
demand.
[b]
Present proof that the aquifer
can yield the desired amount of water.
[c]
Demonstrate that wells proposed
for installation will meet acceptable standards.
[d]
Assess the effect of proposed withdrawals
on existing and proposed wells and surface water bodies within the
predicted measurable cone of depression.
[2]
If the plan includes 50 or more dwelling units,
certification of the adequacy of the proposed water supply and sewage
facilities shall be obtained from the New Jersey Department of Environmental
Protection and included in the environmental impact statement.
(b)
If the water is to supplied from the site or
other new sources and the total project demand for water supply is
in excess of 100,000 gallons per day, the applicant shall obtain a
diversion permit from the New Jersey Department of Environmental Protection.
Preliminary development approval shall be contingent upon the granting
of a diversion grant. The applicant shall assess the effect of any
proposed wells and surface water bodies within the predicted measurable
cone of depression in the environmental impact statement. The applicant
shall supply copies of all resource information provided to the New
Jersey Water Policy and Supply Council in support of his application
for a diversion grant.
(c)
If the water is to be supplied from an existing
private or public facility, the EIS shall identify the owner and location
of the facility and the location of the existing distribution point
to which the proposed project will be connected. The applicant shall
submit documentary proof that the facility has the available excess
capacity in terms of its allowable diversion and equipment to supply
the proposed project and is willing to do so.
(5)
Surface drainage. The applicant shall submit data
establishing the rate and volume of stormwater runoff and identify
the receiving body or bodies for such runoff from the site under original
natural conditions and from the site during and after construction
if the proposed project should be implemented. Plans for on-site retention
or other techniques that are proposed for use to minimize peak storm
flows and resultant downstream flooding shall be indicated. The boundaries
on the floodplain shall be shown on one map which illustrates the
existing condition of the site where the proposed project is to be
implemented. The applicant shall submit evidence of compliance with
all applicable stormwater and floodplain regulations, steep slopes
regulations and soil erosion and sediment control regulations.
(6)
Steam encroachments.
(a)
Any proposed stream diversion or encroachment
shall require approval of the New Jersey Department of Environmental
Protection and preliminary development approval shall be contingent
upon this approval. Consultation with the Board in early planning
stages is recommended if such actions are contemplated.
(b)
A certified copy of the encroachment application
to the Division of Water Resources, New Jersey Department of Environmental
Protection, shall accompany the environmental impact statement for
any plan for which such permit is required by state law. The applicant
shall supply copies of all resource information provided to the Division
of Water Resources in support of his application for an encroachment
permit.
(7)
Solid waste disposal. For residential uses other than
single-family detached uses, the EIS shall estimate the volume of
solid wastes, by type, expected to be generated from the proposed
project during construction and operation and describe plans for collection,
transportation and disposal of these materials. Additionally, for
industrial uses, the locations, types and owners of the facilities
which will receive such solid wastes shall be identified. If the facility
is a landfill, proof shall be submitted that it is registered with
the Division of Environmental Quality, New Jersey Department of Environmental
Protection, and is operated in compliance with the New Jersey Sanitation
Code and that it is legally empowered to accept the type and quantity
of waste anticipated. Evidence of compliance with the County Solid
Waste Management Plan shall also be given with respect to the proposed
method of disposal.
(8)
Air quality. For all nonresidential uses, the EIS
shall describe each source, its location, the quantity and nature
of materials to be emitted from any furnace or other device in which
coal, fuel, oil, gasoline, diesel fuel, kerosene, wood or other combustible
material will be burned. Any other source of air pollutants, including
automobiles attracted by the facility which will be present on the
site during or after construction, shall be indicated. If a state
or federal emission permit is required, a copy of the permit and all
resource data submitted with the application for the permit shall
accompany the environmental impact statement. An applicant for an
industrial or commercial enterprise shall demonstrate that after construction
and during normal operation the enterprise will not exceed the State
of New Jersey regulations controlling industrial and commercial stationary
sources, N.J.A.C. 7:27-1.1 et seq.[1]
(9)
Historical. Historical or archaeological features
associated with the site shall be indicated. These shall include any
significant architecture, evidence of historical settlements such
as Indian burial grounds or camps, evidence of historical activities
which may have taken place on the site or in the area, such as Revolutionary
War battles or encampments, and similar activities, structures, artifacts
or features. The applicant shall indicate sources and references used
in the investigation, and, of any historical or archaeological features
are uncovered, what steps are proposed to preserve, transfer, or maintain
the features.
(10)
Environmental protective measures. The environmental
impact statement shall contain a listing of all environmental protective
measures which will be used should the proposed project be implemented.
These are measures which will avoid or minimize adverse effects on
the natural and man-made environment of the site and region during
the construction and operation of the facility.
(11)
Adverse impacts which cannot be avoided.
(a)
The environmental impact statement shall contain
a summary list, without discussion, of the potential adverse environmental
impacts which cannot be avoided should the proposed project be implemented.
Short-term impacts should be distinguished from long-term impacts.
(b)
Reversible impacts should be distinguished from
irreversible impacts. Any impacts on critical areas, which include,
but are not limited to streams, floodways, wetlands, slopes of 20%
or greater, highly acid or highly erodible soils, areas of high water
table, aquifer recharge areas and mature stands of native vegetation,
should specify the type of criteria involved and the extent of similar
areas which will not be affected.
(12)
Summary environmental assessment. The environmental
impact statement shall contain a concise summary of the environmental
impact of the proposed project. This summary will evaluate the adverse
and positive environmental effects of the project should it be implemented
and the public benefits expected to derive from the project, if any.
(13)
Alternate proposals. A statement of alternatives
to the proposed project which might avoid some or all of the adverse
effects, including a no-action alternative, shall be provided. The
statement should include the reasons for the acceptability or nonacceptability
of each alternative.
The environmental impact statement shall include the following items of the proposed project as indicated in § 361-28.
|
Project Size
| |||||
|---|---|---|---|---|---|
|
Residential
|
Nonresidential
| ||||
|
1–9 Dwelling Units Without New Roads
|
10 or More Dwelling Units, Single-Family Dwelling
Units With New Roads
|
Non-
industrial
|
Industrial
| ||
|
Environmental Impact Statement (EIS) Item
| |||||
|
1.
|
The proposed project
|
X
|
X
|
X
| |
|
2.
|
Existing conditions of the site and affected
off-site areas, including groundwater, surface geology, subsurface
geology, soils, ground cover, flora, fauna, drainage, land use, vegetation,
wildlife and archaeological and historical features
|
X
|
X
|
X
| |
|
3.
|
Wastewater management
|
X
|
X
|
X
|
X
|
|
4.
|
Water supply
|
X
|
X
|
X
| |
|
5.
|
Surface drainage
|
X
|
X
|
X
| |
|
6.
|
Stream encroachment
|
X
|
X
|
X
|
X
|
|
7.
|
Solid waste disposal
|
X
|
X
|
X
| |
|
8.
|
Air quality
|
X
|
X
| ||
|
9.
|
Noise quality
|
X
| |||
|
10.
|
Environmental protective measures
|
X
|
X
|
X
| |
|
11.
|
Adverse impacts which cannot be avoided
|
X
|
X
|
X
| |
|
12.
|
Summary environmental assessment
|
X
|
X
|
X
| |
|
13.
|
Alternate proposals
|
X
|
X
|
X
| |
