[Added 2-19-1998 by Ord. No. 98-4]
A.
The purpose of this article is to provide for environmental
safeguards by requiring the submission of an environmental impact
statement prior to issuance of certain construction permits, soil
removal and road opening permits, tree removal permits and prior to
site plan approval or preliminary approval of a major or minor subdivision.
B.
An environmental impact statement is required by the
Borough of Carteret to assess the impact of the proposed project upon
the environment, especially with respect to water and air resources,
pollution of all kinds, drainage, waste disposal, the landscape or
any other pertinent environmental factors.
The provisions and requirements of this article
shall be held paramount to any corresponding or similar, but less
restrictive, provisions and requirements of any existing law, ordinance,
rule, regulation, deed or private covenant affecting lands and premises
in the Borough of Carteret.
An environmental impact statement is hereby
required for all preliminary major subdivisions and for preliminary
site plans. A single environmental impact statement shall satisfy
the requirements of this chapter if more than one of the above types
of applications is involved, so long as the subject matter of each
type of application is covered by the single environmental impact
statement.
This article covers the most complex cases,
and the entire contents may not be applicable to less complex projects.
Therefore, an outline discussion shall be submitted to the Planning
Board on forms available from the Secretary of the Board, prior to
the preparation of an environmental impact statement. The outline
will address briefly the items described below and discuss which of
these items are environmentally significant with regard to the proposed
project. The applicant shall describe the depth of study for these
items and how their environmental impact will be evaluated. Additionally,
those items upon which the proposed project will have insignificant
or no environmental impact shall also be described; these items need
not be addressed in the environmental impact statement. The approval
of the outline does not relieve the applicant from including additional
items of environmental impact which may be revealed during the conduct
of the impact statement, nor does it prevent the Planning Board from
including additional items as necessary at a later date.
No construction permit shall be issued until
receipt of a resolution from the Planning Board indicating its approval
or establishing conditions of approval.
The environmental impact statement shall include
the following:
A.
Plan and description of development. A project description,
complete with maps and drawings, which shall specify what is to be
done and how it is to be done during construction and operation, shall
be provided. The description shall include, but not be limited to,
contours, buildings, roads, paved areas, grading and regrading, adjacent
natural steams, stream encroachment boundaries, the project's relation
to surrounding property and utility lines and buffer zones.
B.
Inventory of existing environmental conditions. An
inventory of existing environmental conditions at the project site
and in the affected region shall be provided, which shall describe
sewer facilities, water supply, water quality, hydrology, air quality,
traffic, noise, light characteristics and levels, demography, critical
areas, geology, topography, slope, soils and properties thereof, including
capabilities and limitations, vegetation, wildlife, wildlife habitat,
aquatic organisms, land use, aesthetics, historical sites and archeological
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, as amended, and soils shall be described
with reference to the Middlesex County Soil Conservation District
Standards and Specifications, as amended.
C.
Assessment of the anticipated impact of project. An
assessment of the environmental impact of the project shall be provided.
The assessment shall include an analysis of the public costs, including
but not limited to the costs pertaining to schools, roads, police,
fire protection, water supply, sewerage disposal and other similar
direct and indirect costs of the project, including the effect on
recreational facilities, open space and other similar municipal services.
When possible, the assessment shall describe the anticipated impacts
with reference to standards as may be determined by federal, state
and local statutes. The assessment shall also address:
(1)
Sewerage facilities:
(a)
Show the average daily number of gallons of
sewage wastes to be produced by the project.
(b)
If project is an expansion of an existing development,
provide information of existing flows and disposal methods.
(c)
Show that sewerage can be disposed of through
facilities adequate to preclude air and water pollution, and:
[1]
If disposal is on-site, show data on underlying
geology; water table; soils analysis; soil stratigraphy, percolation
tests for every sewage disposal site; topography; location and depth
of aquifers; depth, capacity and type of construction of all wells
within 500 feet of site; and any other pertinent data; or if treatment
is on-site and the project is to include treatment facilities discharging
into a steam or watercourse, show location of treatment facilities
receiving stream and data on stream classification, water quality
and seven-day low flow at ten-year frequency; description of treatment
facilities and proposed effluent quality; and evaluation of initial
and future deleterious effects on use of stream for water supply,
recreation and aquatic and terrestrial wildlife. Evaluation shall
include effect of nutrients on downstream ponds and lakes.
[2]
If disposal is off-site, a plan for disposal
with a detailed description of expected quantity and classification
of sewage effluent and acceptance, in writing, by court, if required,
and the receiving facility.
[3]
Compliance with all state and local sewage and
health regulations.
(2)
Solid waste disposal:
(3)
Chemical and hazardous waste disposal:
(a)
Show identification and satisfactory provisions
for disposal of chemical wastes and hazardous materials defined by
the State of New Jersey, as amended.
(b)
If project is an expansion of an existing development,
identify and describe existing uses of chemicals and hazardous waste
disposal.
(c)
Describe compliance with all state and federal
regulations for handling and disposal of these wastes.
(4)
Water supply:
(a)
Show the amount of water required by the project
in average gallons per day.
(b)
If project is an expansion of an existing development,
describe existing water supply and water use.
(c)
Show that an adequate potable water supply is
available and not threatened by nearby use of other land, and:
[1]
If supply is from public facilities off site,
including private water companies, show the amount of diversion granted
by the Division of Water Resources, maximum gallons of water pumped
during the past 24 months and diversions expected from other approved
subdivisions which are dependent upon the present diversions granted
by the Division of Water Resources; or if supply is from on-site sources,
provide location and depth of all private and public water supply
wells within 500 feet of the realty improvement and location, depth
and adequacy of proposed private or public water supplies to serve
the proposed realty improvement and geologic description of subsurface
conditions, including expected groundwater yields, including the same
published geologic reports or report by a geologist; and
[2]
Compliance with all state and local regulations.
(5)
Drainage: Describe the measures which will be
taken to minimize the rate, volume and velocity of stormwater runoff;
to minimize any effects of drainage on adjacent areas, to minimize
soil erosion during and after development; and to decrease to the
least degree possible soil absorption and groundwater recharge; and
that the natural drainage pattern is not significantly altered, and:
(a)
Volume and peak flow rates of stormwater runoff
expected from undeveloped site and to be generated by new improvements.
(b)
Data on landscaping, vegetation map, tree and
ground cover existing on-site, and proposed.
(c)
Changes of runoff, rates and volumes to be caused
by changes, land use and the time of concentration.
(d)
Plans for disposition of stormwater, whether
by retention, on-site or means of channelling so as to protect downstream
property.
(6)
Floodplain: Include a description of potential
flood damages, including a summary of flood stages from state and
federal sources.
(7)
Air quality: Include a statement of anticipated
effects on air quality.
(8)
Noise: Include a statement of anticipated effects
on noise levels, magnitude and characteristics related to on-site
activities and proposed method(s) of control.
(9)
Traffic, pedestrian and vehicular: Include an
inventory of existing traffic volumes and a statement of the projected
effect of anticipated traffic on all internal, access and bordering
roads.
(10)
Demography: Include a statement of the on-site
and off-site effect on the utilization of public facilities, such
as schools, police and fire protection, road maintenance and the like
because of changes in population density.
(11)
Critical areas: Include a statement of the impact
on critical areas, including stream corridors, streams, wetlands,
estuaries, slopes greater than 15%, highly erodible soils, areas of
high water table, mature stands of native vegetation, aquifer recharge
and discharge areas and other environmentally sensitive features,
areas or conditions.
(12)
Artificial light: Include a statement of anticipated
effects on light, magnitude and characteristics related to on-site
activities and proposed method(s) of control, with particular attention
to the control of sky glow.
E.
Alternatives. Alternatives to minimize adverse environmental
impacts during construction and operation, both at the project site
and in the surrounding region, are to be identified as a part of the
environmental impact statement.
F.
Licenses, permits, etc. A list of all licenses, permits
and other approval required by municipal, county, state or federal
law.
In reviewing an environmental impact statement,
the Planning Board shall take into consideration the effect of the
applicant's proposal upon all aspects of the environment. They shall
submit the environmental impact statement for review and comment to
the Environmental Committee and to such other governmental bodies
and to such consultants as they may deem appropriate. These bodies
shall be given 30 days in which to review the statement as to its
adequacy and to make comment if the statement is deemed adequate.
If the official bodies and/or their consultants determine that the
environmental impact statement is incomplete, the applicant will be
so notified as per the submission completeness requirements of this
chapter. The Planning Board shall approve an environmental impact
statement only if it is determined that the proposed development has
been designed with adequate safeguards as needed to protect the environment.
A.
Conditions. The steps to be taken to minimize adverse
environmental impacts during construction and operation which may
be approved by the Planning Board shall constitute conditions of the
approval of the environmental impact statement, together with such
other conditions as the Planning Board may impose. All work may be
stopped by the Construction Official if specified construction restraints
are not followed. No certificate of occupancy shall be issued until
compliance shall have been made with all conditions.
B.
Waiver. The Planning Board may waive the requirement
of an environmental impact statement in whole or in part if sufficient
evidence is submitted, in writing, to support a conclusion that a
complete environmental impact statement need not be prepared in order
to evaluate adequately the environmental impact of a project.
The aforementioned environmental impact statement
shall be prepared by a person or firm having expertise in the environmental
field, by virtue of training, experience or education. The person
or firm shall demonstrate their qualifications to the satisfaction
of the Planning Board. In addition, the environmental impact statement
shall be signed by the applicant or chief executive officer, in the
case of a corporation or public agency, affirming that the environmental
impact statement contains an accurate description of the project.
