A.
In order that the Land Use Board may assess the impact of a proposed
development upon the natural environment, particularly with respect
to potable water, pollution of all kinds, flooding and waste disposal,
the application for site plan review shall be accompanied by an environmental
impact statement which shall contain information and analysis covering
the items hereinafter set forth. The Land Use Board, as part of its
plan review procedures, 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, soil erosion, preservation of trees and vegetation, protection
of watercourses, protection of air resources and aquifers, and the
presence of any nuisance factors. The Land Use Board shall not approve
any submission hereunder unless it determines and finds that the proposed
development:
(1)
Will not result in appreciable, harmful effects to the natural environment.
(2)
Has been designed and conceived with a view toward the protection
of natural resources.
(3)
Will not place a disproportionate or excessive demand upon the total
resources available for such proposal and for any future proposals.
(4)
Has not been designed and/or will not be implemented so as to avoid
harmful effects or negative consequences to the natural environmental
which are otherwise avoidable by a reasonable alternative design.
B.
The Land Use Board may, upon application and for good cause, waive
the requirement for an environmental impact statement, or portions
thereof, or for any of the specific requirements relating thereto
as set forth in this section. The Board, however, shall have the right
to require any portions of the environmental impact statement that
it deems necessary in order to render its decision.
The environmental impact statement shall cover the following:
A.
Description of development, including but not limited to contours,
buildings, roads, paved areas, proposed grading or regrading, existence
of natural streams, and the relationship of the premises to surrounding
properties and existing utility lines shall be described.
B.
Submission of the Existing Resources Map and Potential Conserved and Developed Areas Map, as required per § 550-101C(1) and (2) of Chapter 550, Zoning, as well as a statement describing how the development will impact primary and secondary conservation areas.
C.
It shall be shown that either there will be no sewage runoff from
the site of the proposed development, or that sewage can be disposed
of through facilities adequate to preclude water pollution. Additionally,
the statement shall show:
(1)
Compliance with state, county and Township Board of Health regulations.
(2)
If disposal is on-site, data on underlying geology, soils analysis,
permeability tests for every five acres, topography, location of aquifers,
depth and capacity of all wells within 500 feet of site, and any other
pertinent data.
(3)
If disposal is off-site, plant design capacity, monthly average flows
for past 12 months, enforcement action against plant, 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), local plans for
sewage treatment facility, state regional planning policy (including
interim basin plan), and flows expected from other approved subdivisions
which are dependent upon sewage treatment facilities in question.
D.
It shall be shown that an adequate potable water supply is available
and not threatened by nearby use of other land. Additionally, the
statement shall show:
(1)
Compliance with Township, county and state regulations.
(2)
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, and diversions
expected from other approved subdivisions which are dependent upon
the present diversion granted by the Division of Water Resources.
(3)
If supply is from on-site sources, realty improvements of less than
50 dwelling units: location and depth of all private and public water
supplies within 500 feet of the realty improvement, location, depth
and adequacy of proposed private or public water supplies to serve
the proposed realty improvement, geologic description of subsurface
conditions, including expected groundwater yields, using published
geologic reports or report by a geologist. Realty improvements of
more than 50 dwelling units: no preliminary subdivision approval until
the Division of Water Resources has determined that the proposed water
supply and sewage disposal facilities are adequate.
E.
It shall be shown that stormwater runoff from the site is so controlled
that on-site and off-site erosion is neither caused nor worsened,
and that potential of downstream flooding is not increased. The following
information shall be required:
(1)
Volume of stormwater runoff now existing from site and volume to
be generated by new improvements.
(2)
Data on landscaping, vegetation map, tree and ground cover, existing
on site compared with that proposed.
(3)
Changes of runoff to be caused by change of such landscape and all
roofs and paved surfaces.
(4)
Plans for disposition of stormwater whether by retention on site
or means of channeling so as to protect downstream property.
(5)
In the case of streams having a drainage area exceeding 1/2 square
mile, an encroachment permit shall be 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)
Description of potential flood damages, including a summary of flood
stages from state and federal sources.
(7)
Submission of a sediment and soil erosion control plan drawn in accordance
with the guidelines and standards adopted from time to time by the
County Soil Conservation District.
(8)
A plan for solid waste disposal by means of a facility operating
in compliance with the State Sanitary Code.
(9)
It shall be shown that no visible smoke or deleterious chemical changes
are produced in the atmosphere by heating or incinerating devices
or by any processing of materials.
(10)
Critical impact areas.
(a)
Plans shall exclude any area, condition or feature which is
environmentally sensitive, or which, if disturbed during construction,
would adversely affect the environment.
(b)
Critical impact areas include, but shall not be limited to stream
corridors, streams, wetlands, estuaries, slopes greater than 15%,
highly acid or highly erodible soils, areas of high water table, mature
strands of native vegetation, and aquifer recharge and discharge areas.
(c)
Plans shall include the following information:
[1]
A statement of impact upon critical areas and of adverse impacts
which cannot be avoided.
[2]
Environmental protective measures, procedures and schedules
to minimize damage to critical impact areas.
[3]
A list of all licenses, permits and other approvals required
by Township, county or state law and the status of each.
[4]
A listing of all adverse environmental impacts (especially irreversible
damage) that cannot be avoided.
[5]
An assessment of the environmental impact of the project.
[6]
A listing of steps proposed to minimize environmental damage
to the site and region during construction and operation.
