A.
No application for development shall be approved unless
it has been affirmatively determined, after an environmental appraisal,
that the proposed project:
(1)
Will not result in a significant adverse impact
on the environment.
(2)
Has been conceived and designed in such a manner
that it will not significantly impair natural processes.
(3)
Will not place a disproportionate or excessive
demand upon the total resources available to the project site and
to the impact area.
B.
To facilitate the environmental appraisal, all applications for development not specifically exempted in § 157-106 shall include 10 copies of an environmental impact statement (EIS) or an application for a waiver of the EIS requirement, to be submitted at the time an application for development is submitted.
C.
Waivers. The approving authority, upon recommendation
of the Environmental Commission, may waive the requirements for an
environmental impact statement, in whole or in part, if sufficient
evidence is submitted by the developer, in an environmental impact
report, 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 adequately evaluate
the environmental impact. The contents of the environmental impact
report may be determined by the Environmental Commission or Planning
Board.
Applicants shall discuss and analyze in the environmental impact statement those factors required for the particular project in § 157-106 and any other factors pertinent to the proposed project or request a preapplication conference with the Environmental Commission to discuss the scope and detail of the inventory required for a particular project. Applications requiring an environmental impact statement may be rejected upon recommendation of the Environmental Commission and by resolution of the approving authority for failure to furnish sufficient information to enable the approving agency to make an adequate environmental appraisal.
The environmental impact statement shall consider, where pertinent to the proposed project or required in § 157-106, the following items:
A.
The proposed project. A description, with suitable
sketches and plans, of the proposed project shall be included. This
item shall summarize rather than duplicate the site plan and building
plan.
B.
The existing conditions of the site and affected off-site
areas.
(1)
The applicant will survey and describe the environmental
features of the property recommended as the location of the proposed
project. The scope and detail of the inventory will be determined
by the approving authority after consultation with the Environmental
Commission. The applicant may utilize resource information available
from the Borough. Generally an inventory will consider the air quality,
topography, surface water bodies, surface water quality, aquatic biota,
soils, geology, groundwater, vegetation, wildlife and archaeological
and historical features. Forest vegetation is to be classified by
type and age class. The distribution of types and classes will be
indicated on a map, the scale of which will be one inch equals 100
feet or such other scale as may be required by the Environmental Commission.
Current land use of the project property and adjacent properties within
500 feet will be indicated on a separate map. If the proposal is for
residential or institutional use, background levels of noise throughout
the anticipated area affected must be determined.
(2)
Any applicant for industrial and commercial
enterprises shall show that after construction and during normal operation
the enterprise will not exceed the State of New Jersey regulations
controlling industries and commercial stationary sources (N.J.A.C.
7:29-1.1 et seq.).
C.
Wastewater management.
(1)
An estimate of the expected flow of sewage process
water and/or other wastewater expected from the proposed development
shall be included. If any flow is expected, the following shall be
discussed:
(a)
If disposal is on site, the relation to the
topography, soils and underlying geology, including the water table,
aquifer recharge areas and all wells within 500 feet of the disposal
area. Results of percolation tests and soil logs required by ordinance.
(b)
If disposal is to an existing private facility
or to a new public facility, the identification, owner and location
of the plant and the location of the existing collection point to
which the proposed project would be connected. Documentary evidence
that the expected flows from the proposed facility will be accepted
and can be treated adequately by the private or public facility must
accompany the environmental impact statement.
(2)
Compliance with all applicable state and Borough
health regulations and with all groundwater standards of the New Jersey
Department of Environmental Protection shall be required.
D.
Water supply.
(1)
If the water is to be supplied from the site
and a flow of 10,000 to 100,000 gallons per day is required, an impact
assessment of water supply is required if the anticipated demand exceeds
the available safe yield indicated in the inventory maintained by
the Environmental Commission. In such case, the applicant must substantiate
and explain the anticipated demand, present proof that the aquifer
can yield the desired amount of water, demonstrate that wells proposed
for installation will meet acceptable standards and assess the effect
of proposed withdrawals on existing and proposed wells and surface
water bodies within the predicted measurable cone of depression. If
the plan includes 50 or more dwelling units, certification of the
adequacy of the proposed water supply (and sewage) facilities must
be obtained from the New Jersey Department of Environmental Protection
and included in the environmental impact statement.
(2)
If the water is to be supplied from the site
to other new sources and total project demand for water supply is
in excess of 100,000 gallons per day, the applicant must obtain a
diversion permit from the New Jersey Department of Environmental Protection.
No preliminary subdivision approval will be made by the Planning Board
until such a diversion grant(s) has been obtained and evidence thereof
has been included with the environmental impact statement. The applicant
must assess the effect of proposed wells and surface water bodies
within the predicted measurable cone of depression in the environmental
impact statement. The applicant will supply copies of all resource
information provided to the New Jersey Water Policy and Supply Council
in support of his application for a diversion grant.
(3)
If the water is to be supplied from any existing
private or public facility, the identification, owner and location
of the facility and the location of the existing distribution point
to which the proposed project would be connected shall be provided.
The applicant will submit documentary proof that the facility has
the available excess capacity in terms of its allowable diversion
and equipment to supply the proposed project and is willing to do
so.
E.
Surface drainage. An estimate of the average rate
and quality of stormwater runoff and identification of the receiving
body or bodies for such runoff from the site under original natural
conditions and from the site during and after construction if the
proposed project were implemented shall be provided. The reasons for
any increase or decrease in the anticipated velocity of runoff if
the project were implemented and any plans for on-site retention or
other techniques that are proposed for use to minimize peak storm
flows and resultant downstream flooding shall be discussed. The boundaries
of the floodplain, as shown to exist by the floodplain map, which
is filed in the Borough office, shall be shown on one map which illustrates
the existing condition of the site where the proposed project is to
be supplemented.
F.
Stream encroachments.
(1)
Any applicant is encouraged to avoid the placement
of fill in or the diversion of any water channel or any other alteration
to a stream channel or floodway area. Consultation with the Environmental
Commission in early planning stages is recommended if such actions
are contemplated.
(2)
A certified copy of the encroachment permit
from the Division of Water Resources, New Jersey Department of Environmental
Protection, must accompany the environmental impact statement for
any plan for which such permit is required by state law. The applicant
shall supply copies of all resource information provided to the Division
of Water Resource in support of his application for an encroachment
permit.
G.
Solid waste disposal. An estimate of the volume of
solid wastes, by type expected to be generated from the proposed project
during construction and operation, and a description of plans for
collection, transportation and disposal of these materials shall be
provided. The location(s), types(s) and owner(s) of the facility (facilities)
which will receive such solid wastes shall be identified. If the facility
is a landfill, proof shall be submitted that it is registered with
the Division of Environmental Quality, New Jersey Department of Environmental
Protection, and is operated in compliance with the New Jersey Sanitation
Code.
H.
Air quality. A description shall be provided of each
source, its location, the quantity and nature of materials to be emitted
from any furnace or other device in which coal, fuel, oil, gasoline,
diesel fuel, kerosene, wood or other combustible material will be
burned or if any other source of air pollutants, including automobiles
attracted by the facility, will be present on the site during or after
construction. If a state or federal emission permit is required, a
copy of the permit and all resource data submitted with the application
for the permit shall accompany the environmental impact statement.
I.
Environmental protective measures. The environmental
impact statement shall contain a listing of all environmental protective
measures which will be used should the proposed project be implemented.
These are measures which will avoid or minimize adverse effects on
the natural and man-made environment of the site and region during
the construction and operation of the facility.
J.
Adverse impacts which cannot be avoided. The environmental
impact statement shall contain a summary list, without discussion,
of the potential adverse environmental impacts which cannot be avoided
should the proposed project be implemented. Short-term impacts should
be distinguished from long-term impacts. Reversible impacts should
be distinguished from irreversible impacts. Any impacts on critical
areas, which include but are not limited to streams, floodways, wetlands,
slopes of 20% or greater, highly acid or high erodible soils, areas
of high-water table, aquifer recharge areas and mature stands of native
vegetation, should specify the type of criteria involved and the extent
of similar areas which will not be affected.
K.
Summary environmental assessment. The environmental
impact statement shall contain a concise summary of the environmental
impact assessment for the proposed project. This summary will evaluate
the adverse and positive environmental effects of the project should
it be implemented and the public benefits expected to derive from
the project, if any.
The environmental impact statement shall include
the following items for the proposed project as indicated:
|
Residential
|
Nonresidential
| ||||
|---|---|---|---|---|---|
|
EIS Item*
|
Single Unit
and 2 Units
|
3 to 9
Houses
|
10 or More
Houses
|
Commercial
|
Industrial
|
|
The proposed project
|
X
|
X
|
X
| ||
|
Existing conditions of the site and
affected off-site areas. Includes groundwater, surface geology, subsurface
geology, soils, ground cover, flora, fauna, drainage, land use, vegetation,
wildlife and archaeological and historical features
|
X
|
X
|
X
|
X
| |
|
Wastewater management
|
X
|
X
|
X
| ||
|
Water supply
|
X
|
X
|
X
|
X
| |
|
Surface drainage
|
X
|
X
|
X
|
X
| |
|
Stream encroachment
|
X
|
X
|
X
|
X
| |
|
Solid waste disposal
|
X
|
X
|
X
| ||
|
Air quality
|
X
| ||||
|
Noise quality
|
X
|
X
|
X
|
X
| |
|
Environmental protective measures
|
X
|
X
|
X
| ||
|
Adverse impacts which cannot be avoided
|
X
|
X
|
X
|
X
| |
|
Summary environmental assessment
|
X
|
X
|
X
|
X
| |
|
*NOTE: All or specific items may be exempted by the Environmental
Commission or Planning Board.
|
