[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.]
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.
As used in this chapter, the following terms shall have the meanings
indicated:
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.
Any plot, parcel or tract of land involving four or more lots.
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as it may be amended or superseded.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]
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.
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.
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:
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)
(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:
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.
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.
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.
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:
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.
