A.
Purpose. The purpose of this section is to establish rules, regulations,
standards and procedures for the preparation of an environmental impact
statement by the applicant in order to provide essential information
to the appropriate reviewing board so that the environmental consequences
of a proposed activity can be evaluated and controlled for the promotion
of the safety, public health, convenience and general welfare of the
community. The environmental impact statement shall describe, with
suitable sketches and plans, the proposed project. The environmental
impact statement shall complement, rather than duplicate, the site
plan and building plan and shall include a survey and description
of the environmental features of the property.
B.
Applicability. All applications for major subdivisions, major site
plan, use variance, or conditional use for any application involving
one acre (43,560 square feet) or more of land shall be required to
include an environmental impact statement as part of the application
submission documentation.
C.
Environmental assessment. Prior to submitting a preliminary plat
for any application involving more than one acre (43,560 square feet)
of land, the applicant shall use the Borough's Master Plan or the
Soil Conservation Service[1] maps to present an overview of the natural limitations
of the site and to guide the layout of the proposed development. These
maps will aid in locating soil types, topography, slopes, surface
water, aquifers, depth to water table, floodplains, vegetation, foundation
limitations, erosion potential and septic suitability. With regard
to freshwater wetlands, mapping showing the general location of wetlands
is available from the New Jersey Department of Environmental Protection
and Energy (NJDEP) and should be utilized for preparing the overview
of natural limitations. It is anticipated that major areas of concern
can be identified and agreed upon by use of this generalized data
at an early stage in order to avoid development designs that will
encroach upon the major environmental problem areas. Where environmentally
sensitive areas identified by this general data must be encroached
upon, the environmental impact statement submitted at the preliminary
plat stage can analyze the problem in more detail based on on-site
evaluations, but limiting the analysis to smaller areas of concern.
[1]
Editor's Note: Now the Natural Resources Conservation Service.
D.
Compliance. The preliminary plat for any development of one acre
(43,560 square feet) or more shall be accompanied by an environmental
impact statement complying with the following, unless, as a result
of data submitted prior to the preliminary plat, the approving authority
shall have waived or modified certain portions of these requirements:
(1)
A description of the development specifying what is to be done during
construction and operation, how it is to be done, and practical alternate
plans to achieve the objective(s).
(2)
An inventory of the following on-site environmental conditions and
an assessment of the probable impact of the development upon them:
water supply; water quality; floodplain protection; geology; soil
erosion; wetlands; sewage disposal; topography; slopes in excess of
10%; vegetation and vegetation protection; depth to bedrock; noise
characteristics and levels; air quality; land use; site aesthetics,
such as views, terrain and mature wooded areas; and historic sites.
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 soils shall be described with reference to Soil
Conservation Service categories and characteristics.
(3)
A list of the status of the licenses, permits and approvals needed
from federal, state or county agencies, including the conclusions
and comments of these governmental agencies.
(4)
An evaluation of any adverse environmental impact which cannot be
avoided. Particular emphasis shall be placed upon air or water pollution,
traffic increases, increase in noise, increase in sedimentation and
siltation, increase in municipal services or capital needs and consequences
to the municipal tax structure. The evaluation should include how
the developer can assist in minimizing the adverse impacts by altering
design concepts or by making, or participating in, on- or off-tract
improvements.
(5)
In conjunction with the submission of an environmental impact statement,
the applicant shall prepare and submit a fiscal impact analysis which
shall detail all municipal costs to be generated by the proposed development,
identified by type of obligation such as, but not limited to, public
safety, public works, health and welfare, recreation, education, administration,
utilities, garbage, etc. All anticipated municipal revenues to be
realized by the creation of the proposed development shall be identified.
In both costs and revenue analysis, dollar values used shall reflect
the current year of application budgeting dollar equivalents for comparative
purposes. A determination of annual net cost/revenue shall be provided.
This cost revenue analysis shall be provided via annual projections
to the year of projected one-hundred-percent project build-out completion.
E.
Information required.
(1)
General requirements. The information required shall be presented
in a concise descriptive report. The descriptive report shall be supplemented
with graphic and explanatory material when environmentally sensitive
areas are involved. Environmentally sensitive areas include, but are
not limited to, stream corridors and floodplains, depth to bedrock
of less than two feet, streams and water bodies, wetlands, slopes
greater than 10%, highly acid or erodible soils, mature stands of
trees, aquifer recharge areas, aquifer discharge areas and unique
natural features and habitats.
(2)
Specific requirements.
(a)
Project description. Describe the suitability of the site for
the intended use and indicate the extent to which the site must be
altered, the kinds of facilities to be constructed, the uses intended
and an estimate of the resident population and working population.
The compatibility or incompatibility of the proposed project shall
be described in relation to the following:
(b)
Site description and inventory.
[1]
Types of soil. A complete mapping of all soil types on the site
shall be required, and a description of each soil's characteristics
shall be included, with a reference to the Soil Survey and Middlesex
County, New Jersey. The statement should make specific reference to
the soil survey tables for engineering index properties, soil and
water features and, where applicable, sanitary facilities.
[2]
Topography. Describe the topographic conditions of the site.
[3]
Geology. Describe the geologic formations and features associated
with the site as well as depth to bedrock conditions; delineate those
areas where bedrock is in close proximity to the surface (within two
feet of the surface), as well as major rock outcroppings.
[4]
Vegetation. Map and describe the diversity and frequency of
all major species.
[5]
Wetlands. A presence/absence letter indicating whether wetlands
exist on a property shall be obtained from NJDEPE. If it is known
or anticipated that wetlands exist on a property and in lieu of a
presence/absence letter, a letter of interpretation (LOI) shall be
obtained from NJDEPE. Any wetland delineation shall be shown on the
site plan and/or subdivision maps as well as support documents for
the environmental impact statement.
[6]
Wildlife. Describe the diversity and extent of wildlife habitats;
identify any unique habitats.
[7]
Surface water. Describe and map existing watercourses and water
bodies that are particularly or totally on the site; determine the
existing surface runoff from the site. Existing drainage network shall
be determined. When the natural drainage pattern will be significantly
altered or sewerage effluent is to be added to a watercourse or body,
an analysis shall be conducted which will investigate flow, depth,
capacity and water quality of the receiving waters.
[8]
Subsurface water. Where existing conditions warrant, describe
the subsurface water conditions on the site, in terms of both depth
to groundwater and of water supply capabilities of the site; from
existing data, provide detailed information regarding existing wells
within 500 feet of the site as to depth, capacity and water quality.
[9]
Unique, scenic and/or historic features. Describe and map those
portions of the site which can be considered to have unique scenic
and/or historic qualities; discuss views to and views from prominent
locations.
[10]
Existing development features. Describe any existing
features on the site that are not considered to be part of the natural
environment; include roads, housing units, accessory structures, utility
lines, sewage facilities and public water supplies. When required,
a regional analysis should be included which describes existing infrastructure
for stormwater, sewerage, water supply and transportation.
(c)
Environmental impact:
[1]
Describe on-site sewerage facilities and off-site sewerage conditions.
Demonstrate adequacy of both on-site and off-site sewerage facilities
and capacities and that the sewage can be disposed of without pollution
to natural and man-made water systems.
[2]
Demonstrate that an adequate potable water supply is available
for both domestic use and fire protection and demonstrate compliance
with N.J.S.A. 58:12A-1 et seq., the New Jersey Safe Drinking Water
Act, and Board of Health (BH) Chapter 4, Individual and Semipublic
Water Supply Code.[2]
[3]
Discuss the effect of the proposed activity on groundwater and
surface water quality and quantity; include calculations of before-
and after-developed infiltration capacity; describe any activities
which may result, even temporarily, in compliance with relevant water
quality standards, and demonstrate ability to comply permanently with
state and local regulations as set forth in N.J.S.A. 26:3B-2 and 26:3B-3,
Nuisances; N.J.A.C. 7:14, the Water Pollution Control Act; N.J.A.C.
7:14A-1, the New Jersey Pollution Discharge Elimination System; BH
Chapter 2, Section 2-11c, the Public Health Nuisance Code;[3] and BH Chapter 12, Water Supply Protection.
[4]
Describe any impact on stream corridors, wetlands, aquifer recharge
areas and historically or archaeologically significant areas.
[5]
Describe any effect, including cumulative effects, of the proposed
activity on air quality surrounding the project; demonstrate compliance
with relevant state and local regulations and standards for visible
and invisible pollutants in the air as set forth in N.J.A.C. 7:27,
Air Pollution Control; BH Chapter 2, Section 2-11d, Public Health
Nuisance Code; and BH Chapter 16, Air Pollution Control.
[6]
Demonstrate that there will be no significant increase in sound
levels which will adversely impact public health and welfare nor be
detrimental to the quality of life and privacy of the surrounding
community; demonstrate compliance with N.J.A.C. 7:29, Noise Control,
and BH Chapter 2, Section 2:11c, Public Health Nuisance Code.
[7]
Describe any hazardous substances to be transported to or from
or to be stored at the site and solid waste which will be generated
by the proposed activity. Demonstrate compliance with relevant state
and local regulations and standard as set forth in N.J.S.A. 13:1K-6
et seq., Environmental Cleanup and Responsibility Act;[4] N.J.A.C. 7:1E, Discharges of Petroleum and Other Hazardous Substances; N.J.A.C 7:30, Pesticide Control; and BH Chapter 17, Hazardous Substance Control.
[4]
Editor's Note: Now the Industrial Site Recovery Act.
[8]
Describe the environmental impact of traffic generation.
[9]
Describe any adverse environmental effect that may occur during
the construction phase of the project.
[10]
List all publications, file reports, manuscripts
or written sources of information related to the project, the project
site and the Borough which were consulted and employed in the compilation
of the environmental impact statement.
[11]
Demonstrate that there will be no adverse impact
to environmentally sensitive areas from the proposed development.
[12]
Demonstrate that there will be no adverse impact
to traffic safety from the proposed development.
(d)
Environmental performance controls. Describe in detail what
measures will be employed during the planning, construction and operation
phases which will minimize or eliminate impacts on site and off site
resulting from the proposed activity, including, but not limited to:
[1]
Site design techniques sensitive to the natural environment,
which should include innovative landscapes, building and circulation
design buffers.
[2]
Drainage plans which would limit off-site runoff.
[3]
Sewage disposal techniques.
[4]
Water supply and water conservation proposals.
[5]
Energy conservation measures.
[6]
Pollution control measures that favorably affect air quality
and water quality and reduce noise.
[7]
Open space reserves.
[8]
Procedures for chemical spill prevention, control and cleanup.
(e)
The name and address of the person, persons, or entity who or
which prepared the environmental impact statement or their curriculum
vitae.
F.
Disposition. The municipal reviewing board shall use the environmental
impact and, where appropriate, formulate reasonable and necessary
conditions of approval which will mitigate adverse environmental impact.
G.
Notwithstanding the foregoing, the approving authority may waive
the requirement for all or part of an environmental impact statement
if sufficient evidence is submitted to support a conclusion that the
proposed development will have a slight or negligible environmental
impact or upon a finding that the complete report need not be prepared
in order to evaluate the environmental impact of the development.
No building permit shall be issued for the development of any
parcel or lot contained in any subdivision which has been created
subsequent to the effective date of this Part 1 unless the lot or
parcel has been created pursuant to this Part 1.
If, before final subdivision approval has been obtained, any
person transfers or sells or agrees to sell, as owner or agent, any
land which forms a part of said subdivision, such person shall be
subject to a fine not to exceed $1,000, and each parcel, plot or lot
so disposed of shall be deemed a separate violation.
