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Borough of East Rutherford, NJ
Bergen County
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Table of Contents
Table of Contents
[Added 3-18-1997 by Ord. No. 97-4]
The checklists entitled "Checklist - Application for approval of Minor Subdivisions and Minor Site Plans" and "Checklist - Application for Preliminary or Final Approval of Major Site Plans," attached hereto and made a part hereof shall be utilized in the review process of all applications for approval of minor subdivisions and minor and major site plans.[1]
[1]
Editor's Note: The checklists are attached to Ord. No. 97-4 and on file in the office of the Borough Clerk.
[Added 7-21-2015 by Ord. No. 2015-07]
A. 
Purpose. The purpose of a project impact assessment ("PIA") is to provide information to allow the Approving Agency to assess the probable effects of a proposed project on the surrounding community.
B. 
When required.
(1) 
A PIA shall be a required submission of each application for development defined as an application of special concern.
(2) 
The Approving Agency may, for good cause, waive the submission of a PIA, or any part thereof if the Approving Agency finds that the impact of the application for development is obvious and no additional information is required.
C. 
Form of Project Impact Assessment.
(1) 
The applicant shall prepare and submit a PIA in the form and manner as set forth in this subsection.
(2) 
The PIA shall be prepared by qualified professionals. The qualifications of the persons who prepared each element shall be identified in an appendix of the PIA.
(3) 
All maps, plans, and aerial photographs shall specify a North arrow, graphic scale, project name, location, name of preparer, date of preparation, and sources of information.
(4) 
If the applicant contends that specific elements of the PIA otherwise required by this § 327-81 are not applicable to the proposed application for development, the applicant shall indicate "not applicable" under the appropriate heading and explain why the specific element is not applicable.
D. 
Contents of Project Impact Assessment. The PIA shall assess the impacts of a proposed development by analyzing existing conditions, proposed conditions, potential impacts, and mitigating factors. The following shall be the required components of the PIA:
(1) 
Project summary. A detailed project description, including information sufficient to understand the nature of the proposed use;
(2) 
Land use.
(a) 
A description of the surrounding land uses within 500 feet of the project site and details of how the proposed use will affect that area and adjoining properties;
(b) 
A zoning summary statement, including a description of the project's degree of compliance with the regulations of the zone(s) in which it is located and any variances requested thereto;
(c) 
A brief description of the visual character of the project site and how the proposed project affects the visual quality of the site and the surrounding properties;
(3) 
Wetlands.
(a) 
A copy of any wetlands delineation prepared for a wetlands jurisdictional determination from the United States Army Corps of Engineers ("USACE"), New Jersey Department of Environmental Protection ("NJDEP"), as applicable; and
(b) 
A copy of any jurisdictional determination and/or fill permit issued by the USACE or NJDEP.
(4) 
Floodplain areas.
(a) 
A map depicting the established one-hundred-year floodplain delineation as determined by FEMA and NJDEP, where applicable; and
(b) 
A description of the project's degree of compliance with Chapter 318 of this Code and other applicable floodplain management requirements.
(5) 
Riparian lands. All areas of riparian claim on the property and a discussion of how these claims will impact the site development, including the status of any actions of the New Jersey Bureau of Tidelands relative thereto;
(6) 
Drainage. A study of the project's degree of compliance with the requirements of Chapter 253 of this Code, without regard to whether the application proposes a "major development" as defined in Chapter 253, regarding drainage and water quality;
(7) 
Transportation. A traffic impact analysis;
(8) 
Performance standards. A description of the project's effect on:
(a) 
Noise emanating from the project;
(b) 
Vibrations emanating from the project;
(c) 
Airborne emissions emanating from the project, and shall also include the following:
(1) 
An analysis of the impact on air quality from mobile sources. An assessment of the effects of the project on regional and local ambient air quality, including the concentration of carbon monoxide emissions on adjacent roadways and within proximity of adjacent land uses shall be provided using the procedures described in the Air Quality Analysis for Intersection, published by the New Jersey Department of Environmental Protection, May 2004, incorporated herein by reference, as amended and supplemented, a copy of which can be obtained from the New Jersey Department of Environmental Protection, 401 East State Street, P.O. Box 402, Trenton NJ 08625-0402; and the Guideline for Modeling Carbon Monoxide from Roadway Intersections, published by the United States Environmental Protection Agency, November 1992, incorporated herein by reference, as amended and supplemented, a copy of which can be obtained from the United States Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, N.W., Washington, DC 20460 or its website, http://www.epa.gov/scram001/ guidance_sip.htm; and
(2) 
An analysis of short-term impacts on air quality due to construction activities;
(d) 
Hazardous materials, liquids and chemicals used, stored, or emanating from the project;
(e) 
Glare emanating from the project;
(f) 
Radioactive materials used, at, stored at, or emanating from the project; and
(g) 
Wastewater emanating from the project.
(9) 
Site remediation.
(a) 
Description of the former uses on the property, including results of a historical records search;
(b) 
A summary of any environmental and/or contamination issues related to soil, air and groundwater;
(c) 
A summary of remediation strategies approved or under consideration, including an anticipated remediation timeline; and
(d) 
A summary of the remedial project's status with the NJDEP, including contact information for the NJDEP case manager(s);
(10) 
Cultural and historical resources. An analysis of historical landmarks and aspects of archeological importance in or adjacent to the site in consultation with the New Jersey State Historic Preservation Office;
(11) 
Public utility services. A description of the ability of various utilities to serve the proposed development with wastewater treatment, water supply, energy supply and solid waste;
(12) 
Affordable housing.
(a) 
A description of the affordable housing obligations of the Borough generated by the proposed development; and
(b) 
A statement of how the proposed development will contribute to the satisfaction of those affordable housing obligations;
(13) 
Fiscal impact.
(a) 
Demographics of the municipality, including population and age distribution pursuant to census reports and/or other published sources;
(b) 
The current municipal, county, and school budgets, together with information on existing per-capita costs and service levels in such areas as fire protection, police protection, governmental services, and schools, the cost per pupil and the maximum and available capacities of the Borough's public schools and of Becton Regional High School shall be provided;
(c) 
An evaluation of the projected ratables, estimated taxes, and municipal and school budget increases due to the proposed development, taking into account the assessed value of the proposed development and the projected number of school-age children in the Borough projected to be generated by the proposed development;
(d) 
An evaluation of the effect of the proposed development on the demands and costs for additional services, facilities, infrastructure, and equipment related to:
[1] 
Energy;
[2] 
Solid waste,;
[3] 
Sanitary waste;
[4] 
Potable water;
[5] 
Transportation;
[6] 
Education;
[7] 
Police;
[8] 
Fire;
[9] 
Emergency medical services; and
[10] 
Recreation and their impacts on municipal, county, and school budgets; and
(e) 
A summary statement of the proposed development's net fiscal impact; and
(14) 
Mitigation. A plan describing how the developer proposes to mitigate any projected impacts.
(15) 
Other permits and approvals. The applicant shall list in the PIA all known licenses, permits, and other forms of approval that will be required by law for the construction and operation of the proposed project. This list shall include approvals required by the Borough, and the other agencies having jurisdiction.
E. 
Phased Projects. Any development proposed in phases shall assess the impacts for each individual phase and the project as a whole.
F. 
No approvals without PIA. Unless otherwise waived by the Approving Agency, no approvals required by this chapter shall be issued prior to the PIA being accepted and deemed complete by the Approving Agency.
G. 
Developer's agreement.
(1) 
The developer of any proposed development requiring an improvement or mitigation of projected impacts pursuant to the results of the PIA shall enter into a developer's agreement with the Borough as a condition of any approval.
(2) 
The developer shall agree to install the required improvements or undertake such mitigation in accordance with the procedures required of a subdivider in this Code.
(3) 
Monetary contributions by the developer in lieu of construction of the required improvements shall be utilized by the Borough to mitigate the project's impacts in accordance with the approved mitigation plan pursuant to § 327-81D(15).