[Added 10-27-2003 by Ord. No. 2003-13]
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.
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.
