Township of Franklin, NJ Article VII Environmental Impact Statement

§ 310-51 Term defined.

The "environmental impact statement'' is a description and analysis of all possible direct and indirect effects that development will have on the site itself as well as on adjacent and noncontiguous areas, with particular reference to the effect of the project on the public safety, health and welfare, the protection of public and private property and the protection, preservation and enhancement of the natural environment.

§ 310-52 Applicability; exemptions.

No site shall be disturbed by any person, partnership, corporation, public agency or entity within this Township unless the environmental impact statement has been reviewed and approved by the Board in accordance with the specifications and procedures required by this article. Exemptions from the requirements of this article shall be only those listed below:

A. Applications for site plan review involving three acres or less or for a construction permit in the residential zones where the Zoning Officer has determined by referring to the Natural Resources Inventory, 1975, that no part of the land area to be disturbed falls in:

(1) The severe or critical areas of the Steep Slopes Map.

(2) The floodway area of the Floodplain Soil Map or of the NJDEP's Delineation of Flood Hazard Areas Report.

(3) The critical area of the Seasonal High Water Table Map.

B. Signed permits.

C. Applications for minor subdivision review; provided, however, that in such cases the Board in its review of the application shall include consideration of the data contained in the Natural Resources Inventory, 1975.

§ 310-53 Consultant qualifications and experience.

The applicant shall provide written information to the Board at the time of submission of the environmental impact statement as to the qualifications and experience of the consultant, firm, agency, individual or person selected by the applicant for the preparation of the statement.

§ 310-54 Required data.

[Amended 6-1-1989 by Ord. No. 89-6]

The environmental impact statement (EIS) shall contain information and analysis with respect to the following and in the same sequence:

A. The location of the project and a description of the project, specifying what is proposed to be carried out, including:

(1) Reason for the project.

(2) The recommended or favored alternative, mapped and/or described.

(3) Any parks, recreation sites, wildlife refuges or historic sites, mapped and described.

(4) Existing land use and the zoning and Master Plan delineation of the project, mapped and described.

B. An inventory of the existing environmental conditions at the project site and in the surrounding region, which shall describe contours, air quality, water quality, water supply, hydrology, geography, soils, topography, vegetation, wildlife, aquatic organisms, ecology, demography, land use, aesthetics and history.

C. A listing of all licenses, permits or other approvals required by Township, county or state laws and the status of each.

D. An assessment of the probable impact of the project, both adverse and beneficial, on the topics enumerated in Subsection B above.

E. Any probable adverse environmental effects which cannot be avoided, including:

(1) Water quality.

(2) Air quality.

(3) Noise.

(4) Undesirable land use patterns.

(5) Damage or destruction of significant plant or wildlife systems.

(6) Aesthetic values.

(7) Destruction of natural resources.

(8) Displacement of people and business.

(9) Displacement of viable farms.

(10) Employment and property taxes.

(11) Destruction of man-made resources.

(12) Disruption of community and regional growth.

(13) Health, safety and well-being of the public.

(14) Traffic.

F. A thorough discussion of the steps to be taken during and after construction, both at the project site and in the surrounding area, to minimize the adverse environmental effects described under Subsection E above.

G. Alternatives to the project, including:

(1) That of no project.

(2) Description of alternatives with an objective evaluation of the alternatives which might avoid some or all of the adverse environmental effects, with the rationale for acceptability or nonacceptability of each alternative.

(3) An analysis of the costs and social impact of the alternatives.

H. An estimate of the implication of the proposed project on population distribution or concentration, along with an assessment of the effect of any possible change in the population patterns upon the resource base, including land use, water and public services of the area impacted.

I. The relationship between local short-term productivity, environment and the maintenance and enhancement of long-term productivity, assessing the project for cumulative long-term effects from the perspective that each generation is a trustee of the environment for future generations.

J. A reference list of pertinent published information relating to the project, project site and surrounding region.

K. Sewerage facilities, including:

(1) Compliance with state and local regulations.

(2) If disposal is proposed to be on site, a soil analysis, percolation tests for every five acres, location of aquifers, depth and capacity of all wells within 500 feet of the site and any other pertinent data.

(3) If disposal is proposed to be off site, data on plant design capacity, the capacity of the plant to treat any applicable industrial or commercial waste and other pertinent data.

(4) Flows expected from any approved subdivision which are dependent upon treatment by the same disposal facilities.

L. Water supply, including:

(1) Compliance with state and local regulations.

(2) Location and depth of all private and public water supplies within 500 feet of the site.

(3) Location, depth and adequacy of off-site and on-site private or public water supplies to serve the proposed project.

(4) For projects with more than 50 dwelling units proposed, a determination by the Division of Water Resources that the proposed water supply and sewerage facilities are adequate.

M. Drainage facilities, including:

(1) Volume of stormwater runoff existing from the site and the volume to be generated by the proposed improvements.

(2) Any increase in rate or velocity of runoff and/or change in drainage patterns.

(3) Plans for disposal of stormwater, whether by retention on-site or means of channeling, so as to protect downstream property.

(4) Floodplain description of potential flood conditions or damages, including a summary of flood stages from state and federal sources.

(5) A soil erosion and sedimentation control plan which has been submitted to the appropriate Soil Conservation District.

N. A plan for solid waste disposal in compliance with the State Sanitary Code.

O. Demonstration that no visible smoke or deleterious chemical changes will be produced in the atmosphere by any heating or incinerating devices or by processing of material.

P. A listing of critical impact areas, including but not limited to stream corridors, streams, wetlands, estuaries, slopes greater than 12%, high acid and highly erodible soils, areas of high water table and aquifer recharge and discharge areas, incorporating

(1) A statement of impact on critical impact areas and of adverse impacts which cannot be avoided.

(2) All environmental protective measures, procedures and schedules to minimize danger to critical impact areas.

§ 310-55 Reviews and inspections.

Upon submission of the environmental impact statement to the Board Clerk, distribution to the various officials and with three copies available in the Township Engineer's office or other designated place for any person to review, the following reviews and inspections shall be conducted within 30 days.

A. The Township Environmental Administrator or other designated official shall, within seven days of receipt of the applicant's environmental impact statement, make a field inspection of the project site to verify the environmental conditions and make a report to the Board with a copy to the Environmental Commission.

B. The Township Engineer shall, within 30 days of receipt of the applicant's environmental impact statement, review all maps and documents and make a site inspection and submit a report to the Board with a copy to the Environmental Commission.

C. The Environmental Commission shall, within the time period allowable for the Board to approve or deny the application for development, present its review and recommendation to the Board.

D. The Board shall analyze and review the applicant's environmental impact statement along with the reviews and reports from the Environmental Administrator, the Township Engineer, the Environmental Commission and any other interested party and give written notice to the applicant of approval, partial approval or rejection, indicating the reasons for any portions of the statement which are rejected.

§ 310-56 Fees.

[Amended 12-1-1988 by Ord. No. 88-14]

The applicant shall, as provided for in Chapter 225, Land Use Fees, pay to the appropriate Township administrative officer the appropriate fee and initial escrow amount when filing for an environmental impact statement review and inspections pursuant to § 310-55.