[Added 2-5-2018 by Ord. No. 3-2018]
Each applicant shall, as part of submission to the Planning Board of an application for either site plan approval or preliminary approval of a major subdivision, submit an original and two copies of an environmental impact statement relative to the proposed project submitted for approval to the Planning Board. If both a site plan and a preliminary subdivision plat are required for a single project, then the environmental impact statement shall be submitted with the earlier of the two applications unless otherwise directed by the Planning Board. The purpose of requiring an environmental impact statement is to permit the Town of Boonton Planning Board to assess the impact of the proposed project upon the environment.
The environmental impact statement shall include the following:
Key map showing the location of the project and how it relates to the surrounding region affected thereby.
Description of the project specifying, in the form of maps, drawings, graphs or similar visual aids, and also by narrative, what is to be done and how it is to be done during and after construction of the project, including information and technical data adequate to permit a careful assessment of the environmental impact of the project.
The compatibility of project with the Municipal Master Plan to include subsequent re-examination reports and any elements that comprise the Master Plan. Additional plans that have influence or jurisdiction within the Town shall be reviewed and discussed including, but not limited to, the Highlands Regional Master Plan and the State Development and Redevelopment Plan, and other Town of Boonton planning documents.
An inventory of the existing environmental conditions at the project site and in the surrounding region affected thereby which shall describe the following:
Air and water quality. Air quality and water quality shall be described with reference to the standards promulgated by the Department of Environmental Protection of the State of New Jersey, and soils shall be described with reference to criteria contained in the Morris County Soil Conservation District Standards and Specifications. Local ordinances shall also be considered in the aforementioned environmental conditions.
A listing of all licenses, permits or other approvals required by municipal, county or state law, the status of each, and proof that the applicant has contacted officials of any federal, state, county or municipal agency affected by the proposed project.
Community impact of project. An assessment of the probable impact of the project upon all of the topics listed in Subsection C above. The assessment shall include an evaluation of the public costs of the project, including but not limited to the following impacts: schools, traffic, police, fire, first aid, energy utilization, utilities, trash removal, etc., and indirect costs such as the loss of open space.
A listing and evaluation of adverse environmental impacts which cannot be avoided, with particular emphasis upon air or water pollution, increase in noise during and after construction, damage to plant, tree and wildlife systems, damage to natural resources, displacement of people and businesses, increase in sedimentation and siltation, flooding, potential stormwater runoff damage both on and off site, increase in municipal services, and health, safety and well-being of the public. Off-site impact shall also be set forth and evaluated.
A thorough description of the steps to be taken to minimize adverse environmental impact before, during and after construction of the project, both at the project site and in the surrounding region affected thereby; 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.
Identification and description of any irreversible and irretrievable commitment of resources which would be involved in the proposed action.
A statement of alternatives to the proposed project which might avoid some or all of the adverse environmental effects, including a no-action alternative, with an objective evaluation of each alternative including the no-action alternative.
Drainage. Information respecting stormwater runoff from the site and measures proposed for its control, including:
Volume and peak flow rates of stormwater runoff expected from the undeveloped site and to be generated by new improvements. Volumes and rates shall be included for five-, twenty-five- and fifty-year storm frequencies having durations producing maximum flow rates before and after the proposed development.
Data on landscaping, vegetation and tree and ground cover existing on the site compared with that proposed.
Changes of runoff rates and volumes to be caused by changes in land use and the time of concentration.
Plans for disposition of stormwater, whether by retention on site or means of channeling, so as to protect downstream property.
Solid waste disposal. A plan for disposal by means of a facility operating in compliance with the State Sanitary Code.
Air pollution. A showing that no effects in violation of federal and New Jersey standards are produced in the atmosphere by heating or incineration devices nor by any processing of materials.
Traffic. An inventory of existing and projected flow on all bordering and access roads.
A reference list of available pertinent, published information relating to the project, the project site, and the surrounding region affected thereby.
Filing and hearing. The required copies of the environmental impact statement shall be submitted to the Town of Boonton Planning Board, together with the fee required pursuant to Article III. Upon submission of the environmental impact statement, the Planning Board shall schedule a public hearing, which may be held in conjunction with other public hearings required by any Town ordinance, within 30 days of that date, upon due notice to the general public in the legal newspaper of the Town, at which time residents of the Town may come forth and render their comments regarding the ecological impact of the proposed project.
Upon filing an application for an environmental impact statement, the applicant shall pay to the Town a nonrefundable fee of $200 to cover the costs of reviewing and processing said application and accompanying environmental impact statement. In the event an applicant requests in writing that the Planning Board waive the requirement for an environmental impact statement or waive portions of such requirement, such request shall be accompanied by a nonrefundable fee of $25 to cover the costs of reviewing and processing said application. In the event a waiver application is denied by the Planning Board, then and in that event, upon payment of an additional fee of $175 to cover the costs of review and processing, an application may be filed with the Planning Board for approval of the subject project, it being required as aforesaid that such application be accompanied by an environmental impact statement, in triplicate.
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 preservation of trees and vegetation, protection of air resources, 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 and comment to the Town of Boonton Council, and to such other governmental bodies and to such consultants as it may deem appropriate. No application for development shall be approved unless it has been affirmatively determined, after an environmental appraisal, that the proposed project:
Will not result in a significant adverse impact on the environment.
Has been conceived and designed in such a manner that it will not significantly impair natural processes.
Will not place a disproportionate or excessive demand upon the total resources available to the project site and to the impact area.
The aforementioned environmental impact statement shall be prepared by a person or firm having expertise in the environmental field by virtue of training, experience or education. The person or firm shall demonstrate, to the reasonable satisfaction of the Planning Board, qualifications in the physical, chemical and biological fields.
Notwithstanding the foregoing, the Planning Board may, at the request of the applicant, waive the requirement for an environmental impact statement if sufficient evidence is submitted to support a conclusion that the proposed development will have slight or negligible environmental impact. Portions of such requirement may likewise be waived upon a finding that a complete report need not be prepared in order to evaluate adequately the ecological impact of the particular project.
If, after considering the data and information contained in the environmental impact statement, the project is rejected by the Planning Board, its decision may be appealed to the Township Council by filing a written notice with the Township Clerk within 10 days after receiving notice of rejection. The Township Council shall hold a hearing on the matter within 30 days after the notice of appeal has been filed and may modify, affirm, or reverse the Planning Board's decision.
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $500, or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.