Township of Eagleswood, NJ
Ocean County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Added 10-27-2003 by Ord. No. 2003-13]
A. 
An EIS is required as part of any application for development which requires approval of the Land Use Board involving:
(1) 
Use variance.
(2) 
Major subdivision.
(3) 
Site plan.
B. 
An EIS shall provide the information needed to evaluate the probable effects of the proposed project on the environment, the natural resources and human activities at the site and the surrounding area.
The EIS shall discuss and analyze those factors required for the particular project as provided in § 285-51 and any other factors pertinent to the project. Where the information is provided elsewhere in the application, it may be incorporated by reference. The applicant must submit a full EIS or request a waiver and submit a checklist as discussed in § 285-55. An EIS shall be prepared and must be submitted with the application, or the application may be deemed incomplete without it.
The following information shall be submitted in accordance with the requirements of § 285-51:
A. 
Plan and description of proposed project. A project description, complete with site plan, which shall specify the purpose of the proposed project, including products and services, if any, being provided, and the regional, municipal and neighborhood setting, including current land use of the project site and properties within 500 feet of the site.
B. 
Inventory of existing natural resources.
(1) 
Generally, an inventory will consider the air quality, topography, surface water bodies, surface water quality, aquatic biota, soils, geology groundwater, vegetation, wildlife, archaeological and historical features and the presence of wetlands. Forest vegetation is to be classified by type and age class and must include associated understory. A tree census is to be conducted on the entire property. A tree survey is to be conducted on a 100-foot-by-100-foot/3-acre (or part thereof) representative sample area. 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. The location, species and diameter at 4 1/2 feet above the ground of all isolated trees four inches or more in diameter are to be shown on the same or on a separate map. The map must show the tree survey area(s) within the tree census of the entire property. The tree survey must be certified by a licensed professional engineer or land surveyor.
(2) 
A letter from the NJDEP Office of Natural Lands Management Natural Heritage Program must accompany this inventory.
An assessment supported by environmental data of the environmental impact of the project upon the factors described in § 285-49B above, and specifically the following:
A. 
Wastewater management.
(1) 
An estimate of the expected quantity and type of wastewater from the proposed impact development. If disposal is on site, discuss the relation to topography, soils, wetlands and underlying geology, including water table, aquifer recharge areas and all wells within 500 feet of the disposal area; include results of percolation tests and soil logs required by ordinance.
(2) 
If disposal is to an existing private facility or to a public facility, identification, owner and location of the plant and location of the existing collection point to which the proposed project would be connected. A statement by the author 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.
B. 
Water supply. The applicant shall discuss the estimated number of gallons per day required during and after development. The applicant must demonstrate to the satisfaction of the Land Use Board that the total consumption of groundwater from on-site and off-site sources will not exceed the available safe yield of the aquifer contained within the property limits. Discussion of the water supply to be submitted in accordance with state regulations and compliance with the provisions of existing codes.
C. 
Surface drainage and stormwater management. Discussion of the stormwater management plan to be submitted in accordance with state regulations and compliance with the provisions of existing codes.
D. 
Stream corridors/wetlands. A description and map of any streams and immediate environs, steep banks, springs and wetlands and streamside vegetation located on the property. Include a map depicting the floodway and flood hazard area as reflected on flood hazard area delineation maps on file with the Township. The applicant shall supply copies of all resource information provided to the Division of Water Resource in support of an application for any required encroachment permit, if these have been prepared prior to the EIS.
E. 
Solid waste disposal. Estimate the volume of solid wastes, by type, including excess earth expected to be generated from the proposed project during construction and operation, and describe plans for collection, storage, transportation and disposal of these materials; identify the location(s), type(s) and owner(s) of the facility/facilities which will receive such solid wastes; demonstrate compliance with the requirements of the Statewide Mandatory Source Separation and Recycling Act.[1]
[1]
Editor's Note: See N.J.S.A. 13:1E-99.11 to 13:1E-99.32.
F. 
Air quality. Describe 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. Evidence of compliance with any applicable state and federal regulations shall accompany the EIS. If a state or federal emission permit is required, a copy of all resource data submitted with the application for the permit shall also accompany the EIS.
G. 
Noise. A statement of anticipated effects on noise and vibration levels, magnitude and characteristics related to on-site activities and proposed method(s) of control. Background levels of noise throughout the anticipated area affected must be determined. Any applicant for industrial and commercial enterprises must 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.).
H. 
Visual impact. Discuss how the natural or present character of the area will be changed as a result of the proposed development and the steps taken to mitigate the impact.
I. 
Artificial light. A statement of anticipated effects on light, magnitude and characteristics related to on-site activities, and proposed methods of control, with particular attention to the control of sky glow.
J. 
Critical and environmentally sensitive area. Environmentally sensitive planning areas (PA5) of the New Jersey State Development and Redevelopment Plan are large contiguous land areas with valuable ecosystems and wildlife habitats. These areas are characterized by watersheds of pristine waters, trout streams and drinking water supply reservoirs; recharge areas for potable water aquifers; habitats of endangered or threatened plant or animal specifies; coastal and freshwater wetlands; prime forested areas; scenic natural landscapes and other significant topographical, geologic or ecologic features. Quantify and discuss the impact of development on environmentally sensitive planning areas (PA5).
K. 
Environmental protective measures. The EIS 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 recharge construction and operation of the facility.
L. 
Adverse impacts which cannot be avoided. The EIS 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 irreversible impacts. Any impacts on critical areas, which include but are not limited to, streams, floodways, wetlands, slopes of 15% or greater, and environmentally sensitive areas, which include but are not limited to highly 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.
M. 
Summary environmental assessment. The EIS shall contain a concise summary of the environmental impact assessment for the proposed project. This summary will evaluate the adverse and positive environmental effect of the project, should it be implemented, and the public benefits expected to be derived from the project, if any. This summary shall also include, for informational and future planning purposes, the following:
(1) 
Traffic impact. Determine the present traffic volume and capacity of the road(s) serving the project and the nearest major intersection; calculate the traffic generated by the proposed project and any increase in background levels during the course of the project's completion; set forth projected volumes for roads and intersections upon completion of the project, and compare the projected level of service (LOS) to the existing LOS; and describe traffic control measures that will be incorporated to mitigate the impact.
(2) 
Community impact. An analysis of the factors affecting the finances of the Township, which shall include a comparison of the estimated tax receipts and fiscal outlay for municipal services, estimated number and types of jobs to be provided; calculation of the number of school-age children to be produced; and any addition to existing municipal services rendered by the project.
N. 
Permits. List any permits required for this project from federal, state, local or other governmental agencies, including the name of the issuing agency, whether the permit has been applied for and, if so, the date of the application, whether the application was approved or denied (include date) or is pending, and the number of the application or permit.
Environmental impact statement requirements are as follows:
EIS Item
Section 285-49A
Description of project
Section 285-49B
Inventory of existing natural resources
Section 285-50A
Wastewater management
Section 285-50B
Water supply
Section 285-50C
Surface drainage
Section 285-50D
Stream corridors/wetlands
Section 285-50E
Solid waste disposal
Section 285-50F
Air quality
Section 285-50G
Noise
Section 285-50H
Visual impact
Section 285-50I
Artificial lighting
Section 285-50J
Critical areas
Section 285-50K
Environmental protection measures
Section 285-50L
Adverse impacts
Section 285-50M
EIS summary
Section 285-50N
Permits
A. 
In reviewing an EIS, the Land Use Board shall take into consideration the effect of the proposed project upon all aspects of the environment, including, but not limited to, sewage disposal, water quality, water supply, preservation of trees and vegetation, the protection of watercourses, protection of air resources, protection of aquifers, protection of public lands and their uses and ecosystems, and the avoidance of any nuisance factors. The Land Use Board will submit the EIS for review to the Environmental Commission and may also submit to other governmental bodies and consultants as it may deem appropriate.
B. 
In the event that the EIS reveals issues in contravention of this article, then the Land Use Board shall impose conditions upon the applicant requiring compliance to the greatest extent possible.
The steps to be taken to minimize the adverse environmental impacts during construction and operation, and the alternatives which may be approved by the Land Use Board, shall constitute conditions of the approval of the EIS, together with such other conditions as the Land Use Board may impose. No certificate of occupancy shall be issued until compliance shall have been made with such conditions.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
If this EIS has been prepared by an outside consultant, applicant must affirm that the consultant is not affiliated with the applicant other than in preparation of this statement.
Notwithstanding any of the foregoing, the Land Use Board, at the request of an applicant, may waive the requirement for an environmental impact statement, if sufficient evidence is submitted to support a conclusion that the proposed development will have a negligible environmental impact. Requests for an EIS waiver shall be submitted to the Land Use Board as well as the Environmental Commission for review at least 28 days prior to appearance before the Land Use Board. Portions of such requirement may likewise be waived upon a finding that the complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project. Exemption of any activity or project from an environmental impact statement shall give due consideration to the natural resources inventory and shall be based upon consideration of the following by the Land Use Board:
A. 
Stability of the soil during and after the proposed alteration.
B. 
Drainage patterns and effect on surface water runoff.
C. 
Effect on springs.
D. 
Potential effect on animals and significant plant species.
E. 
Potential air and water pollution, especially any potential increase in siltation.
F. 
Effect of any construction plans or other environmental changes on critical slope areas or sewage disposal systems.
G. 
Problems related to rock removal.
H. 
Amount of resulting nonagricultural displacement of soil.
I. 
Potential noise pollution.
J. 
Increase in amount of industrial waste.
K. 
Increased problems of industrial or nonindustrial waste disposal (subject to review of such problems by the Board of Health).
L. 
Circumstances or conditions that are peculiar to the site or to the application under consideration, that are not generally applicable to sites or applications in the same general locality, and that would result in an imposition of an undue burden on the applicant if an environmental impact report were required.