[HISTORY: Adopted by the Borough Council
of the Borough of Paramus 2-25-1992 by Ord. No. 92-1.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Commission — See Ch. 33.
Uniform construction codes — See Ch. 203.
Drainage and environmental protection — See Ch. 213.
Flood damage prevention — See Ch. 253.
Site plan review — See Ch. 371.
Soil removal — See Ch. 375.
Subdivision of land — See Ch. 387.
Zoning — See Ch. 429.
[1]
Editor's Note: Ordinance No. 93-4, adopted
2-23-1993, provided that "the term of this ordinance shall be extended
for one year with the provision that this ordinance shall be automatically
repealed within one year of passage of this amendment unless it is
extended by the governing body. Ordinance No. 94-2, adopted 2-22-1994,
amended said Ord. No. 93-4 to provide that it shall be extended indefinitely."
This chapter shall be known and may be cited
as the "Environmental Impact Statement Ordinance of the Borough of
Paramus."
As used in this chapter, the following terms,
words and derivations shall have the meanings given herein:
As defined by Chapter 387, Subdivision of Land.
A written description and analysis of all possible direct
and indirect effects a project will have upon the project's site,
as well as upon the surrounding region affected thereby, with particular
reference to the effect of the project upon the public health, welfare
and safety, the protection of public and private property and the
preservation and enhancement of the natural environment.
Any site development plan or site plan requiring approval
of the approving agency.
The purpose of providing an environmental impact
statement is to permit the approving agency to assess the impact of
a proposed project upon the environment, including physical, social
and aesthetic considerations, both natural and man-made, which affect
the quality of life. Particular emphasis should be made on assessing
the impact upon surface and ground water, air resources, pollution
of all kinds, drainage, waste disposal, wetlands, floodplains, steep
slopes, shallow bedrock, critical areas and the landscape.
A.
A preliminary statement shall accompany each and every
application to the approving agency and will be a required item of
the checklist that each applicant must fulfill before an application
is deemed complete pursuant to N.J.S.A. 40:55D-10.3, except for those
applications seeking approval for a single one- or two-family dwelling;
for interior alterations or renovations; or for exterior alterations
which do not require additions to an existing structure and do not
require site alterations or site improvements.
B.
An environmental impact statement may be required
at the discretion of the approving agency based on the data contained
in the preliminary statement. The approving agency can require the
environmental impact statement in whole or part. Where required, the
environmental impact statement shall be a checklist item, and therefore,
an application shall not be deemed complete for purposes of N.J.S.A.
40:55D-10.3 until such time as an environmental impact statement is
filed with the appropriate board.
C.
Whenever the approving agency determines that an environmental
impact statement is required, no building permit or certificate of
occupancy shall be issued for any building to be used otherwise than
as a single-, one- or two-family private dwelling or an accessory
building thereto, or where the plan of development is limited to interior
or exterior alterations or modifications which do not entail additions
to existing buildings, no site plan shall receive approval, no major
subdivision shall receive preliminary approval and no zoning use ordinance
change shall be adopted until an environmental impact statement (required
by the Board at its discretion) shall have been submitted. The approving
agency, at its discretion, based on the submitted preliminary statement,
may require a full environmental impact statement or a limited statement
considering the size, scope and location of the site under review.
The environmental impact statement shall include,
but not be limited to, 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 a key map showing the location of the project
and how it relates to the surrounding region affected thereby. A 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 the information and technical data adequate to permit a
careful assessment of the environmental impact of the project, including
but not limited to contours, buildings, roads, paved areas, grading
and regrading, adjacent natural streams, stream-encroachment boundaries,
the project's relation to surrounding property and utility lines and
buffer zones for noise and light control.
B.
Inventory of existing environmental conditions.
(1)
An inventory of existing environmental conditions
at the project site and in the immediate area of said site which is
affected by the plan of development which includes:
(a)
Sewer facilities.
(b)
Water supply.
(c)
Water quality.
(d)
Hydrology.
(e)
Air quality.
(f)
Traffic noise volume and flow.
(g)
Light characteristics and levels.
(h)
Noise.
(i)
Light.
(j)
Demography.
(k)
Geology.
(l)
Topography.
(m)
Slope.
(n)
Soils and properties thereof, including capabilities
and limitations.
(o)
Vegetation.
(p)
Wetlands.
(q)
Wildlife.
(r)
Wildlife habitat.
(s)
Aquatic organisms.
(t)
Historical sites.
(u)
Archaeological features.
(v)
One-hundred-year flood and flood hazard area.
(w)
Elevation.
(2)
Where applicable, quality standards shall be described
with reference to those promulgated by the Department of Environmental
Protection and Energy of the State of New Jersey and federal agencies.
C.
Assessment of the anticipated impact of the project.
(1)
An assessment, supported by environmental data, of
the environmental impact of the project shall be set forth. The assessment
shall include an analysis of the public costs, such as but not limited
to schools, roads, police protection, fire protection, water supply
and sewerage disposal, and other similar direct and indirect costs
of the project, including the effect on recreational facilities, open
space and other similar municipal services.
(2)
Assessment data.
(a)
Said assessment shall specifically include the
following:
[1]
Sewerage facilities. A showing that sewage can
be disposed of through public facilities of adequate capacity and
to preclude water pollution. If disposal is on-site, data on underlying
water table, soil analysis, soil stratigraphy, percolation tests for
every sewage disposal site, topography, location depth of aquifers;
depth and type of construction of all wells within 500 feet of site;
and any other pertinent data or compliance with all federal, state
and local sewage and health regulations shall be provided.
[2]
Water supply. A showing that an adequate water
supply is available from public facilities off-site, including private
water companies; amount of diversion granted by the Division of Water
Resources (maximum gallons of water pumped during any month); present
diversion (maximum gallons of water pumped during the past 24 months);
diversions expected from other approved subdivisions which are dependent
upon the present diversions granted by the New Jersey Division of
Water Resources.
[3]
Drainage. A showing that stormwater runoff from
the site is so controlled that on- and off-site erosion is neither
caused nor worsened and that potential of downstream flooding is not
increased and shall show:
[a]
Volume and peak flow rates of stormwater runoff
expected from undeveloped site and to be generated by new improvements.
[b]
Data on landscaping vegetation map, tree and
ground cover, existing on-site compared with that proposed.
[c]
Changes of runoff, rates and volumes to be caused
by changes in land use and the time of concentration.
[d]
Plans for disposition of stormwater, whether
by retention on site or means of channeling so as to protect downstream
property.
[e]
Stream encroachments. An encroachment permit
is required from the New Jersey Division of Water Resources for fill
or diversion of a water channel, alteration of a stream, repair or
construction of a bridge, culvert reservoir, dam, wall, pipeline or
cable crossing.
[f]
Floor plans description of protection flood
damages, including a summary of flood stages from state or federal
sources.
[4]
Air quality. A statement of anticipated effects
on air quality due to on-site activities such as heating, incineration,
any processing of materials and vehicular traffic.
[5]
Traffic: pedestrian and vehicular. A statement
of projected effect of anticipated traffic on all internal access,
bordering and regional roadways.
[6]
Noise. A statement of anticipated effect on
noise levels, magnitude and characteristics related to on-site activities
and proposed methods of control. The applicant must also list neighboring
properties that will be adversely affected by the noise.
[7]
Artificial light. A statement of anticipated
effect on light levels, magnitude and characteristics related to on-site
activities and proposed method(s) of control with particular attention
to the control of sky glow.
[8]
Demography. A statement of the on-site and off-site
effect on the utilization of public facilities due to changes in population
density.
[9]
Solid and hazardous waste. A statement of the
type, amount and anticipated method of disposal. A list of all licenses,
permits and other approvals requested by municipal, county, state
or federal law shall be provided.
[10]
Listing of all unavoidable adverse environmental
impacts. 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, displacement
of people and businesses, increase in sedimentation and siltation,
increase in municipal services and consequences to municipal tax structure.
Off-site impact shall also be set forth and evaluated.
[11]
Steps to minimize and mitigate environmental
damage. A description of steps to be taken to minimize and mitigate
adverse environmental impacts during construction and operation, both
at the project site and in the affected surroundings; 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.
[12]
Alternatives. A statement of alternatives to
the proposed project which might avoid some or all of the adverse
environmental effects of the proposed project. The statement should
include the reasons for the acceptability or nonacceptability of each
alternative.
(b)
Reference to federal, state or local statutes
or regulations. Wherever possible, the above-referenced assessments
shall describe the anticipated impacts with reference to standards
as may have been determined by federal, state and local statutes and/or
regulations.
The Board may require, as a condition of approval
of the application, that steps be taken to minimize the adverse environmental
impact during and after construction, and no construction permit or
certificate of occupancy, as the case may be, shall be issued until
all such requirements shall have been complied with.
The environmental impact statement shall be
prepared by a person or firm having expertise in the environmental
field by virtue of experience and/or education. Such person or firm
may be required to submit his/her qualifications to the Board at its
discretion.
The applicant shall chose a person or firm to
prepare the environmental impact statement.
[Amended 9-27-1994 by Ord. No. 94-19]
In the event that a professional consultant
is deemed necessary by the approving agency, upon notice to the applicant,
the Board reviewing the environmental impact statement may hire a
consultant at its discretion, the cost of which shall be paid for
by the applicant.
A.
The Board considering the application may waive any
requirement of the environmental impact statement if the Board finds
sufficient evidence indicated in the applicant's preliminary statement
to support the conclusion that the proposed project will have a negligible
environmental impact or that a complete environmental impact statement
is not necessary for the Board to adequately evaluate the environmental
impact of the project.
B.
Notwithstanding any provision of this chapter, the
Board is empowered to order an environmental impact statement in part
or whole for any proposed project.
The decision of the Board may be appealed in
the same manner as is available for the appeal of a decision from
the Board, as provided by law.
This chapter shall apply to both public and
private projects unless such are exempt from the requirements of local
law by supervening county, state or federal law.
