[Ord. No. 4-97]
The purpose of requiring an Environmental Impact Statement is
to permit the Borough of Bloomingdale Planning Board and Board of
Adjustment to assess the impact of a proposed project upon the environment,
particularly with respect to land, water, air, solid wastes, aquatic
and terrestrial wildlife, social and economic life and aesthetics.
[Ord. No. 4-97]
a.
An Environmental Impact Statement shall be required for any major
preliminary plat, major preliminary site plan, soil removal and tree-harvesting
operation.
b.
An Environmental Impact Statement as required herein shall also be
submitted covering all public or quasi-public projects unless they
are exempt from the requirements of local law by supervening County,
State or Federal law.
[Ord. No. 4-97]
a.
20 copies of the Environmental Impact Statement[1] shall be submitted to the Planning Board or Board of Adjustment
together with a filing fee to cover the cost of reviewing and process
the same. The fee will be based upon the following formula:
1.
Residential development: Number of units multiplied by $5 with a
minimum fee of $150.
2.
Nonresidential: $50 per acre or part thereof, plus two ($0.02) cents
per square foot of gross floor area of all proposed buildings.
3.
Tree-harvesting: Number of acres multiplied by $10, with a minimum
of $150.
b.
The Borough Planning Board and Board of Adjustment may submit the
Environmental Impact Statement to such consultants as they may deem
appropriate. If the filing fee is not sufficient to cover the costs
of such consultants, the applicant must advance the additional expense
to the Borough before there is any continuance with the application.
The appointed consultant shall, prior to incurring costs, inform the
Borough Board of Adjustment in writing of the additional amount to
be spent so as to permit the applicant the option of proceeding with
the application or withdrawing the application. If the applicant wishes
to withdraw the application, he must do so within 15 days of being
notified of the additional amount to be spent by the Borough.
[Ord. No. 4-97]
The Environmental Impact Statement shall include the following:
a.
Plan and Description of Proposed Project. A project description,
complete with site plans, which shall specify the purpose of the proposed
project, including products and services, if any, being provided,
and the regional, municipal and neighborhood setting, including buildings,
roads, grading and regrading, adjacent natural streams and utility
lines.
b.
Inventory of Existing Environmental Conditions. An inventory of existing
environmental conditions at the project site and immediately adjacent
to the site, which shall describe air quality, water quality, terrestrial
wildlife, geological character, soils and properties thereof, including
capabilities and limitations, wetlands, drainage and runoff characteristics,
sewerage systems, topography, hydrological features, wildlife, aquatic
organisms, noise demography, land use, aesthetics, history and archaeology.
Air and water quality shall be described with reference to standards
promulgated by the N.J. Department of Environmental Protection and
soil shall be described with reference to criteria in the standards
and specifications of the Soil Conservation District. Applicant shall
obtain and submit with the Environmental Impact Report herein required
one copy of each of the soil map and soil interpretation sheet utilized
by the Soil Conservation District with regard to the property under
consideration. If applicable, the applicant shall also submit one
copy each of the State of New Jersey Flood Hazard Area Map and wetlands
delineation map for the property under consideration.
c.
Assessment of Environmental Impact of Project. An assessment support by environmental data of the environmental impact of the project upon the factors described in subsection b above. It shall include an evaluation of water use and depletion, liquid and solid wastes on quality and quantity of surface and ground waters, air quality, traffic, and the aquatic and terrestrial wildlife. The assessment shall also include an evaluation of the loss of open space and the social and economic effects on the community, including school, parks, roads, police, fire, etc.
d.
A listing and evaluation of adverse environmental impacts which cannot
be avoided, with particular emphasis upon air or water pollution,
increase in noise, damage to plant, tree and wildlife systems, damage
to natural resources, displacement of people and businesses, displacement
of existing parks, public open spaces and farmland, destruction of
wetlands, increase in stormwater runoff, increase in municipal services
and consequences to municipal tax structure. Off-site impacts shall
also be set forth and evaluated.
e.
Steps to Minimize Environmental Damage. A description of steps to
be taken to minimize adverse environmental impacts during construction
and operation, both at the project site and in the affected region.
Such description is to be accompanied by necessary maps, schedules
and other explanatory data as may be needed to clarify and explain
the actions to be taken.
f.
Alternatives. A discussion of alternatives to the proposed project
which might avoid some or all of the adverse environmental effects
of the proposed project. The discussion should include the reasons
for the acceptability or nonacceptability of each alternative.
[Ord. No. 4-97]
The Environmental Impact Statement shall address each of the
items outlined below to the degree and extent that it is pertinent
to the project. If the item is not pertinent to the project, that
fact shall be so indicated and justification for its waiver included.
The Environmental Impact Statement shall be based on the most recent
data and information available, and the source and date of all data
and information shall be stated. Each section or element of the Environmental
Impact Statement shall be prepared by a professional person, qualified
in that particular field or area. The Environmental Impact Statement
shall include or shall be accompanied by a statement of the background
and qualifications of each professional person responsible for any
section or element. The Planning Board or Board of Adjustment shall
have the right to require additional information as well as further
professional input if it finds that there is insufficient information
on which to base an informed decision or if any information submitted
is technically unsupported.
a.
Sewerage Facilities.
1.
A description of the sewerage facilities that will be utilized, including
the following:
(a)
If disposal is on-site: data on underlying geology, water table,
depth of rock, soil analysis, soil stratigraphy, percolation tests
for every sewage disposal site, topography, location and depth of
aquifers, depth, capacity and type of construction and location of
all wells which have been recorded or can be obtained from interviews
with adjacent property owners within 500 feet of site, soil logs and
percolation tests for each disposal site as witnessed by the Board
of Health, and any other pertinent data.
(b)
If disposal is off-site: projected sewer discharges stated in average
daily flows (gallons per day) for initial phase and five year and
10 year projections for both residential discharges and industrial/commercial
discharges, described as follows: type of process; projected daily
flows; physical characteristics, including temperature; biological
characteristics; and chemical characteristics, including description
of toxic components.
2.
Treatment facilities.
(a)
If treatment is by public facilities: name of public facility and
point of connection and description of interconnecting facilities.
(b)
If project is to include treatment facilities discharging into a
stream or watercourse: location of treatment facilities; receiving
stream and data on stream classification, water quality, seven day
flow at 10 year frequency; description of treatment facilities and
proposed effluent quality; and evaluation of initial and future deleterious
effects on use of stream for water supply, recreation and aquatic
and terrestrial wildlife. Evaluation shall include the effect of nutrients
on downstream ponds and lakes.
3.
Proof of compliance with all State, County and Board of Health regulations
of the Borough of Bloomingdale.
b.
Water Supply. A description of water supply that will be utilized,
including the following:
1.
If supply is from on-site source: location of water supply source(s);
description of water supply facilities, including type, depth and
pumping rates; location and depth of all private and public water
supplies and septic systems within 500 feet of subsurface conditions,
including statements on the following:
(a)
Long-term evaluation of adequacy of the supply to serve the project
(in terms of both quantity and quality).
(b)
Evaluation of possible interference with existing private and public
water supplies up to a five mile radius.
(c)
Evaluation of water table conditions and aquifer recharge capability.
2.
If supply is from public facilities off-site: name of public facility,
point(s) of interconnection and description of interconnecting facilities,
pressure requirements, and projected water usage stated in average
daily usage (gallons per day) and peak hourly usage (gallons per hour).
Water usage shall also state initial phase and five and 10 year
projections of reach of the following categories:
3.
Proof of compliance with all State (including Division of Environmental
Protection, Bureau of Water Control) requirements and County and Borough
of Bloomingdale Board of Health Regulations.
c.
Stormwater. The following data and documentation shall be submitted:
1.
Peak rates and volume of stormwater runoff expected from undeveloped
site and to be generated by proposed project including rates for 10,
15, 25, 50 and 100 year storm frequencies having durations equal to
the time of concentration.
2.
A discussion of changes in peak rates and volume of stormwater runoff
and runoff coefficients caused by changes in land use and whether
or not there will be any increased incidents of flooding caused by
increased stormwater runoff due to the proposed project.
3.
Plans for disposition of stormwater and attempt to delay the time
of concentration by the use of detention basins or other acceptable
methods.
4.
A description of potential flood damages, including a summary of
flood stages from State and Federal sources, shall be included.
d.
Vegetation. The following data and documentation shall be submitted:
1.
A mapped description of existing vegetation showing generalized area
of tree, field cover and ground cover data for the entire site.
2.
A map showing proposed limits of disturbance amount.
3.
Building and parking areas specifications; trees over 24 inches caliper
shall be shown.
4.
A tree replacement and landscaping reclamation plan shall be provided
which documents the methods of retention and/or replacement of specimen
trees.
5.
As a general guideline, the amount of clear cutting shall be minimized
in areas of cut and fill. Where appropriate, cuts and fills shall
be minimized by use of natural retention walls.
6.
All slope areas created by necessary cuts and fills shall be replanted
in accordance with established landscaping techniques.
e.
Solid Waste Disposal. A plan for disposal by means of a facility
operating in compliance with Federal, State, regional, County and
local regulations.
f.
Air Pollution. A description of any changes in air quality to be
produced by the proposed development, including the amounts or degree
of smoke, heat or other air pollutants to be added to the atmosphere
or created by heating, incineration and processing operations.
g.
Traffic. A determination of the present volume and capacity of the
road(s) serving the project and the nearest major intersection, and
a statement as to projected volumes for the same upon completion of
the project; also, a determination concerning additional air pollution
and noises to be caused thereby.
h.
Social/Economic. An analysis of the factors affecting the finances
of the Borough, which shall include the estimated changes in tax receipts
and fiscal outlay for municipal services, estimated number and types
of jobs to be provided, calculation of the number of school-age children
to be produced, and any addition to existing municipal services required
by the project.
i.
Aesthetics. A discussion of how the natural or present character
of the area will be changed as a result of the proposed action.
j.
Licenses, Permits, Etc. A list of all licenses, permits and other
approvals required by municipal, County or State law and the status
of each. In the case of a site plan, a copy of the site plan application
shall be included.
k.
Other Matters. The applicant shall address any additional matters
of environmental impact not listed above, but which are unique to
the property or which may be revealed during the conduct of the impact
statement. In addition, the Planning Board or Board of Adjustment
may require that other matters it deems applicable to the project
be addressed.
[Ord. No. 4-97]
a.
In reviewing the Environmental Impact Statement, the Planning Board
or Board of Adjustment shall take into consideration the effect of
the proposed project upon all aspects of the environment, including
but not limited to sewage disposal, water quality, water supply, preservation
of trees and vegetation, protection of watercourses, protection of
air resources, protection of aquifers, protection of public lands
and their uses and ecosystems and the creation of any nuisance factors.
The Planning Board of Adjustment will submit the Environmental Impact
Statement for review to the Borough's Environmental Commission
and may submit such statement to such other governmental bodies and
to such consultants as it may deem appropriate. The Planning Board
or the Board of Adjustment shall request that an advisory report shall
be made to it by the governmental body or consultant within 45 days
of the submission of the Environmental Impact Statement to such government
body or consultant. The Planning Board or Board of Adjustment shall
reject the proposed project on an environmental basis only if it determines
that the proposed project:
b.
Conditions. The steps to be taken to minimize the adverse, environmental impacts during construction and operation under Section 34-4e and the alternatives which may be approved by the Planning Board or Board of Adjustment under Section 34-4f shall constitute conditions of the approval of the Environmental Impact Statement, together with such other conditions as the Planning Board or Board of Adjustment may impose. No certificate of occupancy shall be issued until compliance shall have been met with such conditions.
[Ord. No. 4-97]
The Planning Board or Board of Adjustment, after requesting
and receiving a resolution from the Environmental Commission recommending
the same, may waive the requirement for an Environmental Impact Statement,
in whole or in part, upon receipt of written request, if sufficient
evidence is submitted 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 evaluate adequately
the environmental impact of a project.
[Ord. No. 4-97]
Any person convicted of a violation of any of the provisions
of this chapter shall, for each offense, either pay a fine not to
exceed $500 or be imprisoned in the County jail for a term not to
exceed 90 days or both. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable
as such hereunder.
[Ord. No. 4-97]
The Borough of Bloomingdale Planning Board or the Board of Adjustment
are hereby designated as the responsible agencies whose duty it shall
be to enforce the provisions of this chapter. They or their appointed
professionals shall, from time to time, upon their own initiative
and whenever directed by the governing body, inspect the premises
for which an Environmental Impact Statement has been approved to ensure
compliance with the terms of the approval and of this chapter. They
shall immediately report all violations and take such action as may
be deemed necessary in the circumstances.
