A.
Each applicant, as part of submission to the Planning
Board of an application for preliminary approval of a major subdivision
or site plan, shall submit an original with maps in reverse-line sepia
and 30 copies of an environmental impact statement relative to the
proposed project submitted for approval to the Planning Board; or
an original and five copies of an environmental impact statement relative
to the proposed project to the construction official in the case of
a construction permit or certificate of occupancy, provided that the
provisions of this subsection shall not apply to the erection, alteration
or use of a single-family residential structure or structure accessory
thereto which shall be used individually and not as a part of a development.
B.
The environmental impact statement shall be prepared
by a person or firm having expertise in the environmental field, by
virtue of training, experience or education. The person or firm shall
demonstrate their qualifications to the satisfaction of the Planning
Board.
C.
The Planning Board may require that the applicant
provide specialists to testify on important issues. If the proposed
development is located in a Wellhead Protection Area, the Planning
Board may require assessment by a professional geologist to ensure
compliance with all applicable regulations.
[Amended 9-14-2015 by Ord. No. 08-15]
D.
An environmental impact statement as required herein
shall also be submitted as to all public or quasi-public projects
unless they are exempt from the requirements of local law by supervening
county, state or federal laws.
E.
The Planning Board may waive the requirement for an
environmental impact statement, in whole or in part, 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.
F.
The purpose of requiring an environmental impact statement
shall be to permit the Planning Board or construction official to
assess the impact of the proposed project upon the environment, especially
with respect to water and air resources, pollution of all kinds, drainage,
waste disposal, the landscape or any other pertinent environmental
factors.
The environmental impact statement shall include
the following. To avoid duplication, reference may be made to subdivision
or site plan application documents, if any:
A.
Plan and description of development. A project description,
complete with maps and drawings, which shall specify what is to be
done and how it is to be done, during construction and operation.
The description shall include, but not be limited to, contours, buildings,
roads, paved areas, grading and regrading, adjacent natural streams,
stream encroachment boundaries, the project's relation to surrounding
property and utility lines, and buffer zones for noise and light control.
B.
Inventory of existing environmental conditions. An
inventory of existing environmental conditions at the project site
and in the affected region shall describe sewer facilities, water
supply, water quality, hydrology, air quality, traffic noise, and
light characteristics levels, noise, light, demography, geology, topography,
slope, soils and properties thereof, including capabilities and limitations,
vegetation, wildlife, wildlife habitat, aquatic organisms, land use,
aesthetics, historical site, and archaeological features. Air and
water quality shall be described with reference to standards promulgated
by the Department of Environmental Protection of the State of New
Jersey, and soils shall be described with reference to the Morris
County Soil Conservation District Standards and Specifications.
C.
Assessment of the anticipated impact project.
(1)
An assessment, supported by environmental data, of
the environmental impact of the project. The assessment shall include
an analysis of the public costs to include data, source and assumptions
of the project, including, but not limited to, the costs of additional
schools, roads, police, fire protection, water supply, sewerage disposal,
and other similar direct and indirect costs of the project, including
the effect on recreational facilities, open space, and other similar
municipal services. When possible, the assessment shall describe the
anticipated impacts with reference to standards as may be determined
by federal, state, and local statutes.
(2)
For proposals involving the Wellhead Protection Area, see Article VI. The Planning Board may request an assessment of the anticipated impact on conditions mentioned in Subsection B but not specifically covered in Subsection C or on other conditions as may be appropriate to meet the intent of the chapter.
[Amended 9-14-2015 by Ord. No. 08-15]
(a)
Sewerage facilities. Show that sewage can be
disposed of through facilities adequate to preclude air and water
pollution, and:
[1]
If disposal is on-site: data on underlying geology,
water table, soils analysis, soil stratigraphy, percolation tests
for every sewage disposal site, topography, location and depth of
aquifers and depth, capacity, and type of construction of all wells
within 500 feet of site, and any other pertinent data; or
[2]
If disposal is off-site: a plan for disposal
with a detailed description of expected quantity and classification
of sewage effluent and acceptance in writing by the receiving facility;
and
[3]
Compliance with all state and local sewage and
health regulations.
(b)
Solid waste disposal. A plan for disposal by
means of a facility operating in compliance with the state sanitary
code, including suitable temporary on-site storage.
(c)
Hazardous waste disposal. Identification and
satisfactory provisions for disposal of hazardous materials as defined.
(d)
Water supply. Evidence that an adequate water
supply is available and the ratio of total anticipated demand to available
supply, with source, shall be indicated.
(g)
Traffic, vehicular and pedestrian. An inventory
of existing traffic, and a statement of the projected effect of anticipated
traffic on all internal, access and bordering roads.
(h)
Air quality. A statement of anticipated effect
on air quality due to on-site activities such as heating incineration,
any processing of materials, and traffic. Compliance with federal
and state standards shall be required.
(i)
Noise. A statement of anticipated effects on
noise levels, magnitude and characteristics related to on-site activities
and proposed methods of control.
(j)
Artificial light. A statement of anticipated
effects on light levels, magnitude and characteristics related to
on-site activities and proposed methods of control with particular
attention to the control of sky glow.
(k)
Demography. A statement of the on-site and off-site
effect on the utilization of public facilities due to changes in population
density.
D.
Mitigations. The steps to be taken to minimize adverse
environmental impacts during construction and operation which may
be approved by the Planning Board shall constitute conditions of the
approval of the environmental impact statement, together with such
other conditions as the Planning Board may impose. All work may be
stopped by the construction official if specified construction restraints
are not followed. No certificate of occupancy shall be issued until
compliance shall have been made with all conditions.
E.
Alternatives to the proposal. Alternatives to minimize
adverse environmental impacts during construction and operation, both
at the project site and in the surrounding region, shall be submitted
as a part of the environmental impact statement.
F.
Licenses, permits and other approvals. A list of all
licenses, permits and other approvals required by Borough, county
or state laws and status of each.
In reviewing an environmental impact statement,
the Planning Board shall take into consideration the effect of the
applicant's proposal upon all aspects of the environment. The Planning
Board shall submit the environmental impact statement for review and
comment to the Environmental Commission, and to such other governmental
bodies and to such consultants as it may deem appropriate. The Planning
Board shall approve an environmental impact statement only if it determines
that the proposed development has been designed with adequate safeguards
as needed to protect the environment.
