Township of Livingston, NJ
Essex County
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Table of Contents
Table of Contents
[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.
ENVIRONMENTAL IMPACT STATEMENT
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.
PLANNING BOARD
The Planning Board of the Township.
A. 
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.
B. 
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.
C. 
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.
[1]
Editor's Note: See Ch. 170, Land Use.
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.
(a) 
Air quality.
(b) 
Hydrology, including maps and descriptions of streams, water bodies and floodplains and a discussion of water quality.
(c) 
Geology.
(d) 
Soils and their properties, including capabilities and limitations.
(e) 
Topography and slope.
(f) 
Drainage.
(g) 
Vegetation.
(2) 
Wildlife.
(a) 
Fish and aquatic organisms.
(b) 
Wild animals.
(3) 
Man-made conditions and structures.
(a) 
Sanitary and storm sewer systems, including planned construction.
(b) 
Noise characteristics and levels.
(c) 
Traffic volume.
(d) 
Land use, including maps and descriptions of zoning and master plan delineation of the project area.
(e) 
Aesthetics.
(4) 
Community character.
(a) 
History, including maps and descriptions of sites of historic and archeological significance.
(b) 
Demography.
(c) 
Culture.
(d) 
Maps and descriptions of sites reserved or planned for recreational purposes or as wildlife refuges.
(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.