[HISTORY: Adopted by the Township Council of the Township of Livingston
11-5-1979 as Ch. 10 of the 1979 Revised General Ordinances. Amendments noted
where applicable.]
GENERAL REFERENCES
Land use — See Ch. 170.
This chapter shall be known, and may be cited, as the "Environmental
Protection Ordinance of the Township of Livingston."
As used in this chapter, the following terms, words and derivations
shall have the meaning given herein. When not inconsistent with the context,
words used in the present tense shall include the future; words in the singular
number shall include the plural; and words in the plural number shall include
the singular. The word "shall" is always mandatory and not merely directory.
A written description and analysis of all possible direct and indirect
effects a project will have upon the project's site as well as upon the
surrounding region affected thereby, with particular reference to the effect
of the project upon the public health, welfare and safety, the protection
of public and private property, and the preservation and enhancement of the
natural environment.
The Planning Board of the Township.
Any major subdivision of land lying within any residence district delineated
upon the Zoning Map accompanying and made part of the Zoning Ordinance of
the Township,[1] as well as the buildings and structures thereafter to be erected
on such subdivided land.
Any major or minor subdivision of land lying within any zone district,
other than a residence district, delineated upon said Zoning Map, as well
as the buildings and structures thereafter to be erected on such subdivided
land.
Any site development plan or site plan requiring approval of the Planning
Board pursuant to said Zoning Ordinance, as well as the building or structure
shown on such plan.
Every application filed with the Planning Board for approval of a project,
as the same is herein defined, shall be accompanied by an environmental impact
statement, in triplicate.
Every environmental impact statement shall contain the following:
A.
Key map showing the location of the project and how it
relates to the surrounding region affected thereby.
B.
Description of the project specifying, in the form of
maps, drawings, graphs or similar visual aids, and also by narrative, what
is to be done and how it is to be done during and after construction of the
project, including information and technical data adequate to permit a careful
assessment of the environmental impact of the project.
C.
An inventory of the existing environmental conditions
at the project site and in the surrounding region affected thereby which shall
describe the following:
(1)
Physical characteristics.
(5)
Air and water quality. Air quality and water
quality shall be described with reference to the standards promulgated by
the Department of Environmental Protection of the State of New Jersey and
soils shall be described with reference to criteria contained in the Northeast
Jersey Soil Conservation District Standards and Specifications.
D.
A listing of all licenses, permits or other approvals
required by municipal, county or state law, the status of each, and proof
that the applicant has contacted officials of any federal, state, county or
municipal agency affected by the proposed project.
E.
An assessment of the probable impact of the project upon all of the topics listed in Subsection C above.
F.
A listing and evaluation of adverse environmental impacts
which cannot be avoided, with particular emphasis upon air or water pollution,
increase in noise during and after construction, damage to plant, tree and
wildlife systems, damage to natural resources, displacement of people and
businesses, increase in sedimentation and siltation, flooding, potential stormwater
runoff damage both on and off site, increase in municipal services, and health,
safety and well-being of the public. Off-site impact shall also be set forth
and evaluated.
G.
A thorough description of the steps to be taken to minimize
adverse environmental impact before, during and after construction of the
project, both at the project site and in the surrounding region affected thereby,
such description to be accompanied by necessary maps, schedules and other
explanatory data as may be needed to clarify and explain the actions to be
taken.
H.
Identification and description of any irreversible and
irretrievable commitment of resources which would be involved in the proposed
action.
I.
A statement of alternatives to the proposed project which
might avoid some or all of the adverse environmental effects, including a
no-action alternative, with an objective evaluation of each alternative including
the no-action alternative.
J.
A reference list of available pertinent, published information
relating to the project, the project site, and the surrounding region affected
thereby.
The Planning Board shall submit the environmental impact statement to
the Livingston Environmental Commission for its review and comments. The Environmental
Commission shall make a report thereon to the Planning Board within 30 days
following the submission of the environmental impact statement to the Environmental
Commission. The time for the filing of the said report by the Livingston Environmental
Commission may be extended at the discretion of the Planning Board depending
upon the complexity of the project being considered. In reviewing a subdivision
or a site plan, the Planning Board shall take into consideration the effect
of the project upon all aspects of the environment as outlined above, as well
as the sufficiency of applicant's proposals for dealing with any immediate
or projected adverse environmental effect.
The Planning Board may require, as a condition of approval of the application,
that steps be taken to minimize the adverse environmental impact during and
after construction, and no construction permit or certificate of occupancy,
as the case may be, shall be issued until all such requirements shall have
been complied with.
An environmental impact statement, as required herein, shall also be
submitted as to all public or quasi-public projects unless such are exempt
from the requirements of local law by supervening county, state or federal
law.
The Planning Board may require that the statement be written in separate
but complete parts when the project encompasses extensive acreage or involves
more than one watershed.
Notwithstanding the foregoing, upon request of the applicant, the Planning
Board may waive the requirement for an environmental impact statement if sufficient
evidence is submitted by the applicant to support a conclusion that the proposed
project will have a slight or negligible environmental impact. At the request
of the applicant, portions of such requirement may likewise be waived upon
a finding by the Planning Board that a complete statement need not be prepared
in order to evaluate adequately the environmental impact of the project.
Upon filing an application for an environmental impact statement, the
applicant shall pay to the Township a nonrefundable fee of $200 to cover the
costs of reviewing and processing said application and accompanying environmental
impact statement. In the event an applicant requests in writing that the Planning
Board waive the requirement for an environmental impact statement or waive
portions of such requirement, such request shall be accompanied by a nonrefundable
fee of $25 to cover the costs of reviewing and processing said application.
In the event a waiver application is denied by the Planning Board, then and
in that event, upon payment of an additional fee of $175 to cover the costs
of review and processing, an application may be filed with the Planning Board
for approval of the subject project, it being required as aforesaid that such
application be accompanied by an environmental impact statement, in triplicate.
If, after considering the data and information contained in the environmental
impact statement, the project is rejected by the Planning Board, its decision
may be appealed to the Township Council by filing a written notice with the
Township Clerk within 10 days after receiving notice of rejection. The Township
Council shall hold a hearing on the matter within 30 days after the notice
of appeal has been filed and may modify, affirm, or reverse the Planning Board's
decision.
Any person who violates any provision of this chapter shall, upon conviction
thereof, be punished by a fine not exceeding $500, or by imprisonment for
a term not exceeding 90 days, or both. A separate offense shall be deemed
committed on each day during or on which a violation occurs or continues.
