[Amended 10-21-2002 by Ord. No. 11-2002]
Consistent with all requirements for review
and approval by the New Jersey Department of Environmental Protection
and Energy and the Sussex County Soil Conservation District, before
approving any major subdivision or any site plan that involves a nonresidential
use in which there is proposed a new structure, an addition or alteration
to an existing structure, a change of use or an expansion of an existing
use, the Planning Board shall take into consideration the effect of
the proposal for development upon the natural environment, particularly
with respect to potable water, pollution of all kinds, flooding, waste
disposal, soil erosion and the preservation of trees and other vegetation.
The Planning Board, as a part of it administrative review of environmental
factors, shall give careful consideration to the review and recommendations
of the New Jersey Department of Environmental Protection and Energy
and the Sussex County Soil Conservation District, when applicable,
as well as the Byram Township Board of Health, the Byram Township
Environmental Commission and all other reports that may be prepared
on behalf of the Township. To this end, the applicant shall provide
in an environmental impact statement all information needed to evaluate
the primary and secondary impacts of the project upon the environment
as set forth in this article and to demonstrate that the proposal
for development can meet all of the environment protection standards
as set forth.
A.
The environmental impact statement shall be a written
description of the proposed development, together with any necessary
maps or drawings necessary to supplement the basic proposal, which
shall specify what is to be done and how it is to be done during construction
and operation of the proposed development.
B.
The environmental impact statement, together with
the application for development which it supports, shall include the
following information:
(1)
Contours, buildings, roads, paved areas, grading and
regrading, adjacent natural streams, stream encroachment boundaries,
the development's relation to surrounding property and utility lines
and buffer zones for noise and light control.
(2)
An inventory of existing environmental conditions
at the development site and in the affected region, which inventory
shall describe sewer facilities, water supply, water quality, hydrology,
air quality, traffic noise and light characteristics and levels, noise,
light, demography, geology, topography, slope, soils and properties
thereof (including capabilities and limitations), vegetation, wildlife,
wildlife habitat, aquatic organisms, land use, aesthetics, historical
sites and archaeological features. Air and water quality shall be
described with reference to standards promulgated by the Department
of Environmental Protection and Energy of the State of New Jersey,
and soils shall be described with reference to the Sussex County Soil
Conservation District standards and specifications.
(3)
An assessment, supported by environmental data, of
the environmental impact of the project upon the factors described
above. When possible, the assessment shall describe the anticipated
impacts with reference to standards promulgated by the New Jersey
Department of Environmental Protection and Energy, the Soil Conservation
Service and other federal, state or municipal agencies, where available.
(4)
A listing and evaluation of adverse environmental
impacts and damages to natural resources which cannot be avoided,
with particular emphasis upon, but not limited to, air or water pollution,
increase in noise, damage to plant, tree and wildlife systems and
increase in sedimentation and siltation and stormwater runoff.
(5)
A description and evaluation of the off-site impact
of the proposed development, both on a local and regional level.
(6)
The steps to be taken to minimize adverse environmental
impacts, both at the project site and in the surrounding region, during
construction and operation.
(7)
A statement of alternatives to the proposed project
which might avoid some or all of the adverse effects, including a
no-action alternative. The statement should include the reasons for
the acceptability or nonacceptability of each alternative.
(8)
An analysis that sewage can be disposed of through
facilities adequate to preclude water pollution.
(a)
If disposal is on site: data on underlying geology,
water table, soil analysis and percolation tests for every five acres,
unless due to specific subterrestrial characteristics more frequent
percolation tests shall be required. In addition, topography, location
and depth of aquifers, depth and capacity of all wells within 500
feet of the site and other pertinent information shall be included.
(b)
If disposal is off site: plant design capacity;
monthly average and peak flows; past enforcement action against plant,
if any; capacity of plant to treat industrial or commercial wastes,
if appropriate; receiving water quality standards; stream quality
from state, federal or private sources; stream flow (minimum average
seven-consecutive-day flow with a frequency of occurrence of 10 years);
plans for sewage treatment facility; state and regional sewer planning
policy; and flows expected from other approved subdivisions which
are dependent upon such sewage treatment facilities.
(9)
The availability of an adequate water supply which
is not threatened by other nearby land uses.
(a)
If the supply is from public facilities off
site, including private water companies: the amount of diversion granted
by the New Jersey Division of Water Resources (maximum gallons of
water pumped during any month) and diversions expected from other
approved subdivisions which are dependent upon the present divisions
granted by the New Jersey Division of Water Resources.
(b)
If supply is from on-site sources: the location
and depth of all private and public water supplies within 500 feet
of the proposed development location, the depth and adequacy of proposed
private or public water supplies to serve the proposed development,
a geologic description of subsurface conditions including expected
groundwater yields (using published geologic reports or a report by
a geologist) and compliance with all state and local regulations.
(10)
A statement demonstrating that stormwater runoff
from the site is so controlled that on-site and off-site erosion is
neither caused nor worsened and that the potential of downstream flooding
is not increased from the proposed development.
(a)
In calculating the foregoing, volumes and rates
for one-, five-, ten-, twenty-five-, fifty- and one-hundred-year storm
frequencies having durations producing maximum flow rates before and
after the proposed development.
(b)
The changes in runoff rates and volumes to be
caused by alterations in land use and the time of concentration.
(c)
The plans for disposition of stormwater, whether
by retention or detention on site or by means of channeling, in detail,
so as to protect downstream property.
(d)
A description of potential flood damages, including
a summary of flood stages from state and federal sources and an erosion
and sedimentation control plan for both the construction phase and
postconstruction phase, including a review by the Sussex County Soil
Conservation Service.
(e)
Description of any nonstructural stormwater management mechanisms/elements
being considered, including the areas/volumes of such facilities involved
in treatment, storage and recharge.
[Added 6-20-2017 by Ord.
No. 10-2017]
(12)
Data on landscaping, vegetation and tree and
ground cover existing on the site compared with that proposed.
(13)
A statement indicating that no visible smoke
or deleterious chemical changes produced in the atmosphere by heating
or processing of materials not otherwise permitted by regulation of
the United States Environmental Protection Agency (USEPA) and New
Jersey Department of Environmental Protection and Energy (NJDEPE).
[Amended 9-7-1993 by Ord. No. 5-1993]
(14)
An inventory of existing and projected flow
of traffic on all bordering and access roads and a determination of
air pollution and noise caused thereby.
(15)
An inventory of existing air quality as well
as anticipated air pollution caused by the proposed development.
(16)
A statement of the magnitude and characteristics
of the anticipated effects of noise levels related to on-site activities,
including a proposed method of control.
(17)
A statement of the magnitude and characteristics
of anticipated effects on light levels related to on-site activities
and the proposed methods of control, with particular attention to
the impact of sky glow.
(18)
A statement of the on-site and off-site effect
on the utilization of public facilities due to subject development.
(19)
Identification of any critical area, condition
or feature which is environmentally sensitive or which, if disturbed
during construction, would adversely affect the environment. Critical
impact areas include but are not limited to, stream corridors, streams,
wetlands, floodplains, estuaries, slopes greater than 14%, highly
acidic or highly erodible soils, areas of high-water table, mature
stands of native vegetation and aquifer recharge and discharge areas.
There shall also be included a statement of impact upon critical areas
and of adverse impacts which cannot be avoided; environmental protective
measures, procedures and schedules to minimize damage to critical
impact areas; and a listing of steps proposed to minimize environmental
damage to the site and region during construction and operation.
(20)
An encroachment permit, if required from the
New Jersey Division of Water Resources, for filling or the diversion
of a water channel, alteration of a stream or repair or construction
of a bridge, culvert, reservoir, dam, wall, pipeline or cable crossing.
(21)
A list of other licenses, permits and other
approvals required by municipal, county or state law and the status
of each.
