[Adopted 11-4-1974 as Ch. 57 of the 1974 Code]
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 ecological impact statement relative to the proposed
project submitted for approval to the Planning Board, with an additional
copy being submitted to the Borough Environmental Commission. If both
a site plan and a preliminary subdivision plat are required for a
single project, then the ecological impact statement shall be submitted
with the earlier of the two applications unless otherwise directed
by the Planning Board. The purpose of requiring an ecological impact
statement is to permit the Mendham Borough Planning Board to assess
the impact of the proposed project upon the environment.
The ecological impact statement shall include
the following:
A.
Plan and description of development. A project description, complete with maps and drawings, which shall specify what is to be done and how it is to be done, during construction and operation. The description shall include, but not be limited to, contours, buildings, roads, paved areas, grading and regrading, adjacent natural streams and the project's relation to surrounding property and utility lines. The requirements of this subsection may be met in part by material submitted in satisfaction of other requirements of this Part 2 or other chapters, but nothing in this Part 2 shall be construed to dispense with existing requirements of any other Borough ordinance. The requirements of this Part 2 are in addition to, and not in substitution of, those of all other Borough ordinances.
B.
Inventory of existing ecological conditions. An inventory
of existing ecological conditions at the project site and in the affected
region which shall describe air quality, water quality, water supply,
hydrology, geology, soils and properties thereof, including capabilities
and limitations, sewerage systems, topography, slope, vegetation,
wildlife and wildlife habitat, aquatic organisms, noise characteristics
and levels, historical sites and archaeological features. Air and
water quality shall be described with reference to standards promulgated
by the Department of Environmental Protection of the State of New
Jersey, and soils shall be described with reference to the Morris
County Soil Survey and the criteria contained in the Morris County
Soil Conservation District Standards and Specifications. Local ordinances
shall also be considered in the aforementioned environmental conditions.
C.
Ecological assessment of impact of project. The assessment
shall include an evaluation of the public costs of the project, including
but not limited to the costs of additional schools, roads, police,
etc., and indirect costs such as the loss of open space.
D.
Listing of all unavoidable adverse ecological impacts.
A listing and evaluation of adverse ecological 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; increase in sedimentation
and siltation; increase in municipal services; and consequences to
the municipal tax structure.
E.
Steps to minimize and mitigate ecological damage.
A description of steps to be taken to minimize and mitigate adverse
ecological impacts during construction and operation, both at the
project site and in the affected region, 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.
F.
Alternatives. A statement of alternatives to the proposed
plan and a description of development which might avoid some or all
of the adverse ecological effects of the proposed project. The statement
should include the reasons for the acceptability or nonacceptability
of each alternative.
G.
Drainage. Information respecting stormwater runoff
from the site and measures proposed for its control, including:
(1)
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.
(2)
Data on landscaping, vegetation and tree and ground
cover existing on the site compared with that proposed.
(3)
Changes of runoff rates and volumes to be caused by
changes in land use and the time of concentration.
(4)
Plans for disposition of stormwater, whether by retention
on site or means of channeling, so as to protect downstream property.
(5)
Stream encroachment permit as required by the New
Jersey Division of Water Resources for fill or diversion of a water
channel, alteration of a stream or repair or construction of a bridge,
culvert, reservoir, dam, wall, pipeline or cable crossing.
H.
Solid waste disposal. A plan for disposal by means
of a facility operating in compliance with the State Sanitary Code.
I.
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.
J.
Traffic. An inventory of existing and projected flow
on all bordering and access roads.
K.
Licenses, permits, etc. A list of all licenses, permits
and other approvals required by municipal, county or state law and
the status of each.
A.
Filing and hearing. The required copies of the ecological impact statement shall be submitted to the Mendham Borough Planning Board, together with the fee required pursuant to § 124-28. Upon submission of the ecological impact statement, the Planning Board shall schedule a public hearing, which may be held in conjunction with other public hearings required by any Borough ordinance, within 30 days of that date, upon due notice to the general public in the legal newspaper of the Borough, at which time residents of the Borough may come forth and render their comments regarding the ecological impact of the proposed project.
[Amended 6-7-1999 by Ord. No. 15-99]
B.
Review and approval. In reviewing an ecological 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 ecological impact statement for review and comment to the Mendham
Borough Council, to the Environmental Commission and to such other
governmental bodies and to such consultants as it may deem appropriate.
The Planning Board shall approve an ecological impact statement only
if it determines that the proposed development has been designed with
a sufficient effort toward the protection of natural resources.
C.
The aforementioned ecological 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.
D.
Notwithstanding the foregoing, the Planning Board
may, at the request of the applicant, waive the requirement for an
ecological 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.
