Prior to approving a preliminary plat of a major
subdivision or a site plan involving five acres or more, the Planning
Board or approving authority shall take into consideration the effect
of the proposal for development upon the natural environment, particularly
with respect to potable water, pollution of all kinds, flooding, waste
material, soil erosion and the preservation of trees and other vegetation.
The Planning Board or approving authority as the case may be, as part
of its administrative review of environmental factors, shall give
careful consideration to the review and recommendation of the New
Jersey Department of Environmental Protection and Morris County Soil
Conservation District, when applicable, as well as the local Board
of Health and the Chester Borough Environmental Commission and all
other reports that may be prepared on behalf of the Borough. To this
end, the applicant shall provide all information needed to evaluate
the impact of the project upon the environment as set forth in this
section and to demonstrate that the proposal for development can meet
all of the environmental protection standards.
The Environmental Impact Statement shall include
the following:
A.
Plan and description of development. A project description,
complete with maps and drawings, which shall specify what 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, and the project's relation
to surrounding property and utility lines.
B.
Inventory of existing environmental conditions. An
inventory of any freshwater wetlands and freshwater wetland transition
areas on the subject site and an assessment of the impact the intended
development is expected to have on such wetland and transition area
resources, i.e., air quality, water quality, water supply, hydrology,
geology, soils and properties thereof; topography, slope, vegetation,
wildlife, habitat, aquatic organisms, noise characteristics and levels,
demography, land use, aesthetics, history and archaeology. 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 Survey and the criteria contained in the Morris County Soil Conservation
District Standards and Specifications.
C.
Assessment of environmental impact of project. An assessment supported by environmental data of the environmental impact of the project upon the factors described in § 163-66B hereof, and also include an evaluation of water use, liquid and solid wastes on the quality and quantity of surface and ground waters.
D.
Listing of all unavoidable adverse environmental impacts.
A listing and evaluation of adverse environmental impacts and damages
to natural resources which cannot be avoided, with emphasis upon air
or water pollution, increase in noise, damage to plant, tree and wildlife
systems, displacement of people and businesses, displacement of existing
farms, increase in sedimentation and siltation. Off-site impact 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 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 statement of alternatives to the proposed
project which might avoid some or all of the adverse environmental
effects of the proposed project. The statement should include the
reasons for the acceptability or non-acceptability of each alternative.
G.
Sewerage facilities. A showing that sewage can be
disposed of through facilities adequate to preclude water pollution,
and:
(1)
If disposal is on-site: data on underlying geology;
after table; soil 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; any other pertinent data; or
(2)
If disposal is off-site: plant design capacity; monthly
average and peak flows for past 12 months; daily average and peak
flows; enforcement action against plant, if any; capacity of plant
to treat industrial or commercial wastes, if applicable; receiving
water quality standards; stream quality data from state, federal or
private sources; stream flow (minimum average seven consecutive day
flow with a frequency of occurrence of 10 years), plans for sewage
treatment facility-local plans, state regional planning policy; flows
expected from other approved subdivisions which are dependent upon
sewage treatment facilities in question; and
(3)
Compliance with all state and local sewage and health
regulations.
H.
Water supply. A showing that an adequate potable water
supply is available and not threatened by nearby use of other land,
and:
(1)
If supply is from public facilities off-site, including
private water companies: amount of diversion granted by the Division
of Water Resources (maximum gallons of water pumped during any month);
present diversion (maximum gallons of water pumped during the past
24 months); diversions expected from other approved subdivisions which
are dependent upon the present diversions granted by the Division
of Water Resources; or
(2)
If supply is from on-site sources: location and depth
of all private and public water supplies within 500 feet of the realty
improvement; location, depth and adequacy of proposed realty improvement;
geologic description of subsurface conditions, including expected
groundwater yields (using published geologic reports or report by
a geologist); and
(3)
Compliance with all state and local regulations.
I.
Drainage. A showing that stormwater runoff from the
site is so controlled that on- and off-site erosion is neither caused
nor worsened, and that potential of downstream flooding is not increased,
and:
(1)
Volume and peak flow rates of stormwater runoff expected
from undeveloped site and to be generated by new improvements. Include
volumes and rates for one-, five-, ten-, twenty-five-, fifty- and
one-hundred-year storm frequencies having durations producing maximum
flow rates before and after the proposed development.
(2)
Data on landscaping, vegetation map, tree and ground
cover, existing on site compared with that proposed.
(3)
Changes of runoff, rates and volumes to be caused
by changes in land use and the time of concentration.
(4)
Plans for disposition of stormwater, whether by retention
on site or means of channeling so as to protect downstream property.
(5)
Stream encroachments. An encroachment permit is required
from the Division of Water Resources for fill or diversion of a water
channel, alteration of a stream, repair or construction of a bridge,
culvert, reservoir, dam, wall, pipeline or cable crossing.
(6)
Floodplains. Description of potential flood damages,
including a summary of flood stages from state and federal sources.
J.
Solid waste disposal. A plan for disposal by means
of a facility operating in compliance with the State Sanitary Code.
K.
Air pollution. A showing that no visible smoke or
deleterious chemical changes are produced in the atmosphere by heating
or incinerating devices nor by any processing of materials.
L.
Licenses, permits, etc. A list of all licenses, permits
and other approvals required by municipal, county or state law and
the status of each.
M.
Subterranean mines. The location, size and depth of
all underground caverns and mines within one-hundred-fifty-foot perimeter
of any proposed structure or improvement and, where on-site sewage
is proposed, within 500 feet of the subject property.
A.
Filing. Fourteen copies of the Environmental Impact Statement shall be submitted to the Chester Borough Planning Board, together with the filing fee prescribed in Article V hereof.
B.
Review and approval. 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,
including, but not limited to, sewage disposal, water quality, water
supply, preservation of trees and vegetation, protection of watercourse;
protection of air resources, protection of aquifers, protection of
public lands and their uses and ecosystems, and the presence of any
nuisance factors. The Planning Board may submit the Environmental
Impact Statement for review to the Chester Borough Environmental Commission,
and to such other governmental bodies and to such consultants as it
may deem appropriate. The Planning Board shall request that an advisory
report be made to it by the governmental body or consultant within
60 days of the submission of the Environmental Impact Statement to
such governmental body or consultant. The Planning Board shall approve
an Environmental Impact Statement only if it determines that the proposed
development:
C.
Conditions. The steps to be taken to minimize adverse environmental impacts during construction and operation under § 163-66E and the alternatives which may be approved by the Planning Board under § 163-66F shall constitute conditions of the approval of the Environmental Impact Statement, together with such other conditions as the Planning Board may impose. No certificate of occupancy shall be issued until compliance shall have been made with such conditions.
D.
Waiver. The Planning Board, at its sole discretion,
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.
E.
Public and quasi-public projects. 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
law.
