[HISTORY: Adopted by the Township Committee of the Township of Hillsborough 6-24-1975
by Ord. No. 75-8 (Ch. 81 of the 1977 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, tentative
planned unit development (PUD) approval or site plan approval by the Hillsborough
Township Planning Board.[1]
As used in this chapter, the following terms shall have the meanings
indicated:
A separate written description and analysis of all possible direct
and indirect effects 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.
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 Township Planning Board
in accordance with the specifications and procedures required by this chapter.
Exemptions from this chapter are only as listed below:
A.
Applications for a building permit in the residential
zones where the Construction Official has determined, by referring to the
Natural Resources Inventory, that no part of the land area to be disturbed
falls in:
(1)
The "severe" or "critical" areas of the Steep Slopes
Map (No. 5); or
(2)
The "floodway" area of the Flood Plain Soils Map (No.
2), or the New Jersey Department of Environmental Protection's Delineation
of Flood Hazard Areas; or
(3)
The "critical" area of the Seasonal High Water Table
Map (No. 4).
B.
Sign permits, etc.
C.
Applications for site plan review involving three acres
or less where the Planning Board has determined, by referring to the Natural
Resources Inventory, that no part of the land area to be disturbed falls in:
D.
Applications for minor subdivisions (participations)
shall be exempt from filing an environmental impact statement, but the Planning
Board shall include consideration of the Natural Resources Inventory factors
in making its classification.
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 Hillsborough Township 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 listing of all licenses, permits or other approvals
required by municipal, county or state law and the status of each.
D.
An assessment of the probable impact of the project, both adverse and beneficial, on the topics described in Subsection B.
E.
Any probable adverse environmental effects which cannot
be avoided, including:
(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.
F.
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 described in Subsection B.
G.
Alternatives to the proposed project, including:
(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.
H.
Implications of the proposed action for population distribution
or concentration should be estimated and an assessment made 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.
I.
The relationship between local short-term uses of the
environment and the maintenance and enhancement of long-term productivity,
assessing the project for cumulative long-term effects from the perspective
that each generation is a trustee of the environment for future generations.
J.
A reference list of pertinent published information relating
to the project, project site and surrounding area.
K.
Particular data is required as to:
(1)
Sewerage facilities. Applicant must show:
(b)
If disposal is on-site, applicant is to include a soil
analysis, percolation tests for every five acres, location of aquifers, depth
and capacity of all wells within 500 feet of site and any other pertinent
data.
(c)
If disposal is off-site, applicant is to include data
on plant design capacity, capacity of plant to treat industrial or commercial
wastes, when applicable, and any other pertinent data.
(d)
Flows expected from any approved subdivision which are
dependent upon the same facilities in question.
(2)
Water supply. Applicant must show:
(a)
Compliance with state and local regulations.
(b)
Location and depth of all private and public water supplies
within 500 feet of the realty improvement.
(c)
Location, depth and adequacy of off-site and on-site
private or public water supplies to serve the proposed realty improvement.
(d)
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)
(4)
Solid waste disposal. Applicant must submit a plan for
disposal in compliance with the State Sanitary Code.
(5)
Air pollution. 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 processing of material.
(6)
Critical impact areas. These areas include but are not
limited to stream corridors, streams, wetlands, estuaries, slopes greater
than 12%, high-acid and highly erodible soils, area of high-water table and
aquifer recharge and discharge areas. Applicant must show:
Upon submission of the environmental impact statement to the Secretary
of the Planning Board and distribution to the various officials, 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 30 days, except that where the impact statement is a part of a subdivision,
planned unit development (PUD) or site plan approval, the approval shall be
part of the overall approval and time limits shall be as specified for those
approvals.
A.
The Planning Board Administrator (or other designated
official) will, within seven days of receipt of 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.[1]
B.
The Township Engineer will, within 30 days of receipt
of 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 Township Environmental Commission will, within 30
days of receipt of the Planning Board Administrator's and Engineer's reports,
present its review and recommendations to the Planning Board for final determination.
D.
The Township Planning Board shall analyze and review
the applicant's environmental impact statement along with the reviews from
the Planning Administrator, Engineer, Environmental Commission and any other
interested party within 14 days of the Commission's report and give written
notice of approval or rejection to the applicant, indicating the reasons therefor,
and the decision will be officially published within 10 days. Where the impact
statement is part of a subdivision, planned unit development (PUD) or site
plan application, impact statement approval shall be part of the overall application
approval.
Upon review by the Planning 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.
If the environmental impact statement is rejected by the Planning Board,
the decision may be appealed to the Township Committee by filing a written
notice with the Township Clerk within 10 days after receiving notice of rejection.
The Township Committee 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 any information is introduced during the appeal
to the Township Committee, the Committee shall remand the matter to the Planning
Board.
The applicant shall pay to the Township a fee at the time the environmental
impact statement is submitted, to cover the cost of providing reviews and
inspections required by this chapter.
Exemption of any activity or project from an environmental impact statement
shall be based upon consideration of the following by the Planning Board;
exemption from Natural Resources Inventory factors shall only be allowed if
the property shows no adverse effect on the Natural Resources Inventory Maps.
A.
Stability of the soil during and after the proposed alteration.
B.
Drainage patterns and effect on surface water runoff.
C.
Effects on springs.
D.
Potential effect on animals and significant plant species.
E.
Potential air and water pollution, especially any potential
increase in siltation.
F.
Effect of any construction plans or other environmental
changes on critical slope areas or sewage disposal systems.
G.
Problems related to rock removal.
H.
Amount of resulting nonagricultural displacement of soil.
I.
Potential noise pollution.
J.
Increase in 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 and 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.
Standards for design and development within environmentally critical
areas shall be according to the Natural Resource Inventory Standards on file
in the Planning Board office.
