Borough of Gibbsboro, NJ
Camden County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Gibbsboro 7-19-1983 by Ord. No. 83-13 (Ch. 80 of the 1982 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 125.
Planning review fees — See Ch. 160, Art. I.
Flood damage prevention — See Ch. 196.
Land use procedures — See Ch. 240.
Site plan review — See Ch. 324.
Soil removal — See Ch. 335.
Subdivision of land — See Ch. 358.
Zoning — See Ch. 400.

§ 154-1 Intent and purpose. [1]

It is the intent and purpose of this chapter to provide proper guidelines and requirements for the environmental impact statement to be filed with an application for development and prior to preliminary plat approval by the Borough of Gibbsboro Planning Board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 154-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ENVIRONMENTAL IMPACT STATEMENT
A description and analysis of all possible direct and indirect effects that development will have on the site itself, as well as 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.
SITE
Any plot, parcel or tract of land involving four or more lots.
STAGE 1A AND IB CULTURAL RESOURCE SURVEYS
Analyses of the human occupation of particular sites and their environs based on guidelines issued by the Technical Services Section of the Construction Grants Administration, New Jersey Department of Environmental Protection, Division of Water Resources, pursuant to New Jersey Executive Order No. 53, as it may be amended or superseded.
[Added 7-10-1991 by Ord. No. 91-11]

§ 154-3 Review required prior to disturbance of site.

No site shall be disturbed by any person, partnership, corporation, public agency or entity within this municipality unless the environmental impact statement has been reviewed and approved by the Borough of Gibbsboro Planning Board in accordance with the specifications and procedures required by this chapter and a permit issued by the Gibbsboro Planning Board. This will be required on two or more residential lots.

§ 154-4 Preparation of statement.

In order to ensure that the environmental impact statement is competently prepared, the environmental impact statement shall be prepared by a consultant or consultants, firm, agency, individual or persons selected and paid for by the applicant, from a list of consultants, firms, agencies, individuals or persons prepared by the Borough of Gibbsboro Planning Board and made available to the applicant. If the applicant chooses a consultant or consultants, firm, agency, individual or persons not contained on the Planning Board list, the applicant must provide written information to the Planning Board at the time the environmental impact statement is submitted as to the qualifications and experience of such consultant or consultants, firm, agency, individual or persons selected by the applicant.

§ 154-5 Contents of statement.

The environmental impact statement shall contain information and analysis with respect to the following:
A. 
The location of the project and a description of the project, specifying what is to be carried out, including:
(1) 
The reason for the project.
(2) 
The recommended or favored alternative, mapped and/or described.
(3) 
Parks, recreational sites, wildlife refuges and historic sites, mapped and described.
(4) 
Existing land use, zoning and Master Plan delineation of project, mapped and described.
B. 
An inventory of existing environmental conditions at the project site and in the surrounding region, which shall describe contours, air quality, water quality, water supply, hydrology, geology, soils, topography, vegetation, wildlife, aquatic organisms, ecology, demography, land use, aesthetics and history.
C. 
A Stage 1A cultural resource survey that includes a thorough literature search for prehistoric and historic development of the site and adjoining lands, a review of any pertinent information on the area from the State Historic Preservation Officer, a field inspection of the site to determine if any artifacts are visible from diligent searching and if the site has the potential for the presence of cultural resources and recommendations, if any, for further field testing or verification. A Stage 1B cultural resource survey shall be conducted should the Stage 1A review provide any indication of the presence of cultural resources. The Stage 1B survey shall include field and subsurface testing to determine the presence or absence of cultural resources, an assessment of the impact of the proposed development of any such resources and the identification of resources that need further protection from encroachment.
[Amended 7-10-1991 by Ord. No. 91-11]
D. 
A listing of all licenses, permits or other approvals as required by municipal, county or state law and the status of each.
[Amended 7-10-1991 by Ord. No. 91-11]
E. 
An assessment of the probable impact of the project, both adverse and beneficial, on the topics described in Subsection B.
[Amended 7-10-1991 by Ord. No. 91-11]
F. 
Any probable adverse environmental effects which cannot be avoided, including:
[Amended 7-10-1991 by Ord. No. 91-11]
(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 tax.
(11) 
Destruction of man-made resources.
(12) 
Disruption of desirable community and regional growth.
(13) 
Health, safety and well-being of the public.
(14) 
Traffic.
(15) 
Destruction of cultural resources identified by the cultural resources survey.
G. 
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 as described in Subsection F.
[Amended 7-10-1991 by Ord. No. 91-11]
H. 
Alternatives to the proposed project, including:
[Amended 7-10-1991 by Ord. No. 91-11]
(1) 
That of no project.
(2) 
Description of alternatives with an objective evaluation of the alternatives that 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.
I. 
Estimated implications of the proposed action for population distribution or concentration and an assessment of the effect of any possible change in population patterns upon the resource base, including land use, water and public services of the area impacted.
[Amended 7-10-1991 by Ord. No. 91-11]
J. 
The relationship between local short-term uses of the environment and the maintenance and enhancement of long-term projectivity, assessing the project for cumulative long-term effects from the perspective that each generation is a trustee of the environment for future generations.
[Amended 7-10-1991 by Ord. No. 91-11]
K. 
A reference list of pertinent published information relating to the project, project site and surrounding region.
[Amended 7-10-1991 by Ord. No. 91-11]
L. 
Particular data as to:
[Amended 7-10-1991 by Ord. No. 91-11]
(1) 
Sewerage facilities.
(a) 
The applicant must shown compliance with state and local health regulations.
(b) 
If disposal is on-site, the applicant is to include a soil analysis, percolation tests for every one acre, the location of aquifers, the depth and capacity of all wells within 150 feet of the site and any other pertinent data.
(c) 
If disposal is off-site, the applicant is to include data on plant design capacity, capacity of the plant to treat industrial or commercial wastes, when applicable, and any other pertinent data.
(d) 
The applicant must show flows expected from any approved subdivision which are dependent upon the same facilities in question.
(2) 
Water supply.
(a) 
The applicant must show:
[1] 
Compliance with state and local regulations.
[2] 
Locations and depths of all private and public water supplies within 150 feet of the realty improvement.
[3] 
The location, depth and adequacy of off-site and on-site private or public water supplies to serve the proposed realty improvement.
(b) 
For realty improvements with more than 50 dwelling units, it will be necessary to obtain a determination by the Division of Water Resources that the proposed water supply and sewerage facilities are adequate.
(3) 
Drainage. The applicant must show:
(a) 
The volume of stormwater runoff now existing from the site and the volume to be generated by new improvements.
(b) 
Any increase in rate or velocity of runoff and change in drainage patterns.
(c) 
Plans for disposition of stormwater, whether by retention on-site or means of channeling, so as to protect downstream property.
(d) 
Floodplains description of potential flood conditions or damages, including a summary of flood stages from state and federal sources.
(e) 
Submission of an erosion and sedimentation control plan reviewed by the Soil Conservation District.
(4) 
Solid waste disposal. The applicant must submit a plan for disposal in compliance with the State Sanitary Code.
(5) 
Air pollution. The applicant must show that no visible smoke or deleterious chemical changes will be produced in the atmosphere by any heating or incinerating devices or by the processing of material.
(6) 
Critical impact areas. These areas include but are not limited to stream corridors, streams, wetlands, slopes in excess of 12% in grade over a horizontal distance of 50 feet, highly acidic or highly erodible soil, areas with a high water table within three feet of the surface, aquifer recharge or discharge areas and cultural resources. The applicant must show:
(a) 
A statement of impact on critical impact areas and of adverse impacts which cannot be avoided.
(b) 
Environmental protective measures, procedures and schedules to minimize danger to critical impact areas.

§ 154-6 Reviews and inspections.

Upon submission of the environmental impact statement to the Secretary of the Planning Board, distribution to the various officials and with three copies available in the Municipal Engineer's office (or other designated place) for any person to review, the following reviews and inspections will be conducted within 45 days:
A. 
The Municipal Environmental Administrator (or other designated official) will, within seven days of receipt of the applicant's environmental impact statement, make a field inspection to verify the environmental conditions and make a report to the Planning Board with a copy to the Environmental Commission.
B. 
The Township Engineer will, within 30 days of receipt of the applicant's environmental impact statement, review all maps and documents and make a site inspection and then follow with a report to the Planning Board and a copy to the Environmental Commission.
C. 
The Borough of Gibbsboro Environmental Commission will, within 30 days of receipt of the Environmental Administrator's and Engineer's reports, present its review and recommendation to the Planning Board for final determination.
D. 
The Borough of Gibbsboro Planning Board shall analyze and review the applicant's environmental impact statement, along with the reviews from the Environmental Administrator, Engineer, Environmental Commission and any other interested party, within 30 days of the Commission's report and give written notice of approval or rejection to the applicant indicating the reasons therefor.

§ 154-7 Issuance of permit.

Upon review of the Environmental Administrator, Engineer and other such officials and final approval by the Planning Board that all requirements of this chapter have been complied with and upon payment of all fees to be paid hereunder, the Planning Board shall issue a permit to the applicant, with or without conditions, and each permit shall contain a reasonable time limit for all work to be done. The permit will be by resolution. Work must commence within one year. The time of the permit's expiration will be determined by the Planning Board in its resolution.

§ 154-8 Appeals.

If the environmental impact statement is rejected by the Planning Board, the decision may be appealed to the Borough Council by filing a written notice with the Borough Clerk within 10 days after receiving notice of rejection. The Borough Council shall hold a hearing on the matter within 30 days after the notice of appeal has been filed and may modify, affirm or reverse the Planning Board's decision. If new information is introduced during the appeal, the Borough Council shall remand the matter to the Planning Board.

§ 154-9 Fees.

The applicant shall pay the Borough of Gibbsboro a fee at the time the environmental impact statement is submitted, to cover the cost of providing reviews and inspections required by this chapter. The fee will be based upon the following formula:
A. 
Residential development: the number of units multiplied by $50, with a minimum of $250.
B. 
Nonresidential development: the number of acres multiplied by $150 per acre, with a minimum of $250.

§ 154-10 Exemptions.

Exemption of any activity or project from an environmental impact statement shall be based upon consideration of the following by the Planning Board:
A. 
The stability of the soil during and after the proposed alteration.
B. 
The drainage patterns and effect on surface water runoff.
C. 
The effect on springs.
D. 
The potential effect on animals and significant plant species.
E. 
Potential air and water pollution, especially any potential increase in siltation.
F. 
The effect of any construction plans or other environmental changes on critical slope areas or sewage disposal systems.
G. 
Problems related to rock removal.
H. 
The amount of resulting nonagricultural displacement of soil.
I. 
Potential noise pollution.
J. 
Increase in the amount of industrial waste.
K. 
Increased problems of industrial or nonindustrial waste disposal (subject to review of such problems by the Board of Health).
L. 
Circumstances or conditions that are peculiar to the site or to the application under consideration that are not generally applicable to sites or applications in the same general locality and that would result in imposition of an undue burden on the applicant if an environmental impact statement were required.

§ 154-11 Violations and penalties.

The penalty for violation of any provision of this chapter shall be as set forth in Chapter 1, Article I, General Penalty.