[Adopted 9-24-1998 by Ord. No. 0-10-98(R)]
This article shall be known as the "Environmental
Impact Study Ordinance of the Township of River Vale."
In order that the Township of River Vale may
assess the impact of proposed land use changes or developments on
the environment of the municipality, particularly with respect to
potable water, pollution of all kinds, drainage, waste disposal, landscape
and other pertinent environmental factors, the Township Council has
determined that it is in the public interest that all persons who
shall propose such changes or developments shall submit an environmental
impact study in accordance with the provisions of this article when
required.
A.
An environmental impact study relative to the proposed
project prepared in accordance with the provisions of this article
shall be submitted for approval to the Joint Planning Board and all
other appropriate authorities, including the Advisory Shade Tree Committee
of the Township, in the following instances:
(1)
In connection with all applications for a major
land subdivision.
(2)
In connection with all applications for site
plan approval which involve a land disturbance in excess of four acres.
(3)
Prior to the disturbance of earth by power-driven
equipment which would substantially recontour the land in an area
of more than 5,000 square feet.
B.
Township Engineer approval. An environmental impact
study relative to the proposed project in accordance with the provisions
of this article when complete and certified as acceptable by the Joint
Planning Board or other appropriate board shall be submitted to the
Township Clerk for approval by the Township Engineer in connection
with all relevant applications for a construction permit or a certificate
of occupancy.
C.
Exemptions. The following are exempt from the requirements
of submitting an environmental impact study: agricultural uses conducted
in accordance with a farm conservation plan approved by the state
soil conservation service; any activity relating to the maintenance
of or alteration to the physical characteristics of a golf course,
so long as those changes do not otherwise trigger a change in land
use; and single-family residential uses or structures accessory thereto
in a residential zone whenever such residential uses or structures
involve no more than 5,000 square feet of land disturbance.
Every environmental impact study shall include
the following:
A.
Inventory of existing environmental conditions. An
inventory of existing environmental conditions at the project site
and in the surrounding region which is affected by the project shall
include, but shall not be limited to, a description of air quality,
water quality, water supply, stream quality hydrology, aquatic organisms,
zoology wildlife habitat, soils and properties thereof (including
capabilities and limitations), slope, light characteristics and levels,
noise characteristics and levels, demography, topography, aesthetics,
historical sites and archaeological features. Air and water quality
shall be described with reference to standards promulgated by the
Department of Environmental Protection of the State of New Jersey
and in accordance with the River Vale Township Natural Resources Inventory
Checklist attached.[1] Soils shall be described with reference to the Bergen
County Soil Conservation District Standards and Specifications and
the River Vale Township Natural Resources Inventory.
[1]
Editor's Note: The Natural Resources Inventory
Checklist is available in the Township offices.
B.
Plan and description of development. A project description
shall specify the purpose of the project, the proposed construction
and the use of the buildings and structures involved. The project
description shall specify what is to be done and how it is to be done
during the construction and operation of the project. Alternatives
to project concept designed to be adverse environmental impacts as
well as remedial actions to be implemented during construction and
operation both at the project site and in the surrounding regions
are to be submitted as a part of the environmental impact study. The
description shall be accompanied by maps and drawings which shall
include, but shall not be limited to, contours, buildings, roads,
paved areas, grading and regrading, adjacent natural streams, stream
encroachment boundaries, the relation of the project to surrounding
property and existing utilities and buffer zones for noise and light
control.
C.
Assessment of the anticipated impact of the project. An assessment, supported by the environmental data, of the probable impact of the project upon all of the elements and topics set forth in Subsection A. This assessment shall contain a listing and evaluation of adverse primary and secondary environmental impacts which cannot be avoided, with particular emphasis upon air or water pollution, increase in noise, damage to plant, tree and wildfire systems, damage to natural resources, displacement of people and businesses, displacement of existing farms, increase in sedimentation and siltation, stormwater runoff, increase in municipal services and consequences to municipal tax structure. The assessment shall specifically contain the following reports:
(1)
Sewage disposal facilities. The report shall
contain information demonstrating that sewage can be disposed of through
facilities to preclude air and water pollution, and:
(2)
Solid waste disposal. A plan for disposal by
means of a facility operating in compliance with the State Sanitary
Code, including suitable temporary on-site storage.
(3)
Hazardous waste disposal. Identification and
satisfactory provisions for disposal of hazardous materials as defined
by the State of New Jersey.
(4)
Water supply and water quality. Evidence that
an adequate potable water supply is available and the ratio of total
anticipated demand to available supply, with source, shall be indicated.
By reference to any study of water quality in the Township, the degradation
of water quality shall be analyzed and reported.
(5)
Surface water runoff (drainage). A plan to comply
with municipal ordinances.
(6)
Air quality. A statement of anticipated effects
on air quality due to on-site activities such as heating, incineration,
any processing of materials and traffic. Compliance with federal and
New Jersey standards is required.
(7)
Traffic (pedestrian and vehicular). An inventory
of existing traffic and a statement of the projected effect of anticipated
traffic on all proposed or existing roads within the Township which
have a rational nexus to the project.
(8)
Noise. A statement of anticipated effects on
noise levels, magnitude and characteristics related to on-site activities
and proposed methods of control.
(9)
Artificial light. A statement of the anticipated
effects on light levels, magnitude and characteristics related to
on-site activities and proposed methods of control with particular
attention to the control of sky glow.
(10)
Demography. A statement of the on-site and off-site
effect on the utilization of public facilities due to changes in population
density.
(11)
Wetlands. A letter of interpretation from the
New Jersey Department of Environmental Protection indicating the absence
of freshwater wetlands or indicating the presence and verifying delineation
of the boundaries of freshwater wetlands.
D.
Statement of alternatives. A statement of considered
alternatives in project concept, construction and operation shall
include a description of steps to be taken to achieve minimal environmental
damage and shall be accompanied by necessary maps, schedules and other
explanatory data as may be needed to clarify and explain the action
to be taken.
E.
Statement of impact on resources. A statement concerning
any irreversible or irretrievable commitment of resources which would
be involved in the proposed project, should it be implemented, shall
be included.
F.
Statement of permits required. All municipal, county,
state and federal permits required for the project shall be listed
together with a statement of the status of the applicant's efforts
to comply with all such requirements and a project timetable for completion
of compliance with all permit requirements.
A.
Filing. For those applications requiring Joint Planning
Board or other appropriate board review, an original and 20 copies
of the environmental impact study, including all maps and plans and
other supporting documents and a reverse line sepia, shall be filed
with the Joint Planning Board or other appropriate board. For those
applications certified as acceptable by the Joint Planning Board or
other appropriate board and requiring Township Engineer review, an
original and five copies of the environmental impact study, including
all maps and plans and other supporting documents, shall be filed
with the Township Clerk, who shall distribute two copies to the Township
Engineer and one copy each to the Construction Official and the appropriate
board engineer for their information.
B.
Fees. Each applicant shall pay a filing fee to the
Township based on the following schedule.
[Amended 8-26-2004 by Ord. No. 0-9-04]
(1)
A minimum fee of $250 shall be paid for each
application.
(2)
Whenever a site plan is involved, the filing
fee shall be the minimum fee of $500 plus a sum equal to $100 for
each acre or part thereof contained in the affected portion of the
site.
(3)
Whenever a subdivision is involved, the filing
fee shall be the minimum fee of $1,500 plus $100 for each lot proposed
to be created by the application.
A.
Review and approval.
(1)
The Joint Planning Board or other appropriate
board shall have a period of 60 days after the filing of a complete
environmental impact study, as determined by the Township Engineer,
to review the study and act thereon, provided that, whenever land
subdivision or site plan approval is applied for, the Joint Planning
Board or other appropriate board shall complete its review and action
on the environmental impact study within the same period of time within
which the Joint Planning Board or other appropriate board is required
to act upon the application for subdivision or site plan approval.
The time within which the Joint Planning Board or other appropriate
board may act may be extended with the consent of the applicant.
(2)
In reviewing an environmental impact study,
the Joint Planning Board or other appropriate board shall take into
consideration the effect of the applicant's proposal upon all aspects
of the environment, including, but not limited to, water quality,
water supply, protection of watercourses, protection of aquifers,
sewage disposal, soil erosion, protection of trees and vegetation,
protection of farmland and open space, protection of air, protection
of wildlife and wildlife habitats, protection of aesthetics, historical
sites and archaeological features and the minimization of any nuisances
or adverse effects upon noise and light levels and characteristics.
At the applicant's expense, the Joint Planning Board or other appropriate
board shall submit the environmental impact study for review and comment
to all governmental bodies and experts as it may deem appropriate.
The Joint Planning Board or other appropriate board shall take into
consideration the effect of the applicant's proposed project upon
all aspects of the environment as outlined above as well as the sufficiency
of the applicant's proposals for dealing with any immediate or projected
primary or secondary adverse environmental effects. In particular,
the Joint Planning Board or other appropriate board must be satisfied
that point and nonpoint pollution of streams and groundwater can be
avoided and stormwater runoff from the site so controlled as to preclude
on-site and off-site erosion and that there is no increase of potential
for downstream flooding. Additionally, the Joint Planning Board or
other appropriate board must conclude that the applicant's project
will not result in harmful effects to the local or regional environment.
The Joint Planning Board or other appropriate board shall not approve
any submission under this article unless it determines and finds that
the proposed development:
B.
Conditions. The steps to be taken to minimize adverse
environmental impacts during construction and operation which may
be approved by the Joint Planning Board or other appropriate board
shall constitute conditions of the approval of the environmental study,
together with such other conditions as the Joint Planning Board or
other appropriate board may impose. All work may be stopped by either
the Township or appropriate board engineer if specified construction
restraints are not followed. No certificate of occupancy shall be
issued until compliance shall have been made with all conditions.
A.
Review and approval by the Township Engineer.
(1)
The Township Engineer shall have a period of 45 days after the filing of a complete environmental impact study filed pursuant to § 142-298B to review the study and act thereon. The time within which the Township Engineer may act may be extended with the consent of the applicant.
(2)
In reviewing an environmental impact study,
the Township Engineer shall take into consideration the effect of
the applicant's proposed project upon all aspects of the environment
as outlined above as well as the sufficiency of the applicant's proposal
for dealing with any immediate or projected primary or secondary adverse
environmental effects. In particular, he must be satisfied that point
and nonpoint pollution of streams and groundwater can be avoided and
stormwater runoff from the site so controlled as to preclude on-site
and off-site erosion and that there is no increase of potential for
downstream flooding. Additionally, the Township Engineer must conclude
that the applicant's project will not result in harmful effects to
the local or regional environment. The Township Engineer shall not
approve any submission under this article unless he determines and
finds that the proposed development:
B.
Conditions. The steps to be taken to minimize adverse
environmental impacts during construction and operation which may
be approved by the Township or appropriate board engineer shall constitute
conditions of the approval of the environmental impact study, together
with such other conditions as the Township Engineer may impose. All
work may be stopped by the Township Engineer if specified construction
restraints are not followed.
C.
Approved study to accompany applications. An environmental
impact study approved by the appropriate authority shall accompany
each application for a construction permit for a building or structure
to which the provisions of this article apply, and no such construction
permit shall be issued in the absence thereof. An application for
a certificate of occupancy following the completion of any such construction
shall be accompanied by a certificate issued by the Township Engineer
stating that there has been compliance with the approved study and
all conditions thereof, and no certificate of occupancy shall be issued
in the absence of such certification. Upon the request of an applicant,
the Township Engineer shall furnish to the applicant a written statement
of action to be taken by the applicant to affect compliance.
An environmental impact study as required by
this article shall also be submitted as to all public or quasi-public
projects unless they are exempt from the requirements of local law
by supervening county, state or federal laws; provided, however, that
the provisions of this article shall not apply to road and road shoulder
maintenance work performed by the Township Department of Public Works
or the Bergen County Department of Roads.
Every environmental impact study required by
this article shall be prepared by a licensed professional engineer
of the State of New Jersey, a licensed professional planner of the
State of New Jersey or by such other person as shall satisfy the appropriate
board or the Township Engineer, as the case may be, that he possesses
expertise in the environmental field by virtue of training, experience
or education.
The Joint Planning Board or other appropriate
board may waive the requirement for an environmental impact study,
in whole or in part, if sufficient evidence is submitted to support
a conclusion that the proposed project will have a negligible environmental
impact or that a complete environmental impact study need not be prepared
in order to evaluate adequately the environmental impact of a project.
A.
Any person who shall be in noncompliance with the requirement to obtain approval of an environmental impact study in accordance with the provisions of this article shall be guilty of a violation of this article and shall be subject to the penalty set forth below; provided, however, that the foregoing shall not apply to any person engaged in an activity which is exempt under § 142-298C or 142-303 or in an activity as to which the Joint Planning Board or other appropriate board has waived the requirement for an environmental impact statement.
B.
Any person who shall perform any work on any development
or other project, with respect to which an environmental impact study
has been approved in accordance with this article, in a manner which
is contrary to the provisions or conditions thereof designed to minimize
adverse environmental impacts during construction and who shall not,
within five days after receiving written notice from the Township
Engineer, or his designee, of deviation from the aforesaid provisions
and conditions, undertake to affect compliance with such provisions
or conditions shall be guilty of a violation of this article.
C.
The Township Engineer, or his designee, shall be the
enforcing official and shall determine the time required to abate
the violation.
