[Added 3-13-2000 by Ord. No. 2-0-00]
It is the intent and purpose of this article
to provide proper guidelines and requirements for an environmental
impact statement to be filed in conjunction with an application for
development requiring the disturbance of more than 5,000 square feet
of land area and in support of any other proposed site disturbances
within the Borough of Wanaque, as er defined below.
As used in this article, the following terms
shall have the meanings indicated:
The appropriate administrative authority having jurisdiction
over the particular application pursuant to the ordinances of the
Borough of Wanaque. In the case of an application for development,
the review and approval of an environmental impact statement shall
rest with the agency having jurisdiction over the application. Where
there is no specific jurisdiction granted under the Borough ordinances,
the review and approval agency in all other cases shall be the Borough
Planning Board.
A description and analysis of all possible direct and indirect
effects that a proposed 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 or developed within
the Borough of Wanaque by any person, partnership, corporation, public
agency or entity within the municipality unless an environmental impact
statement has been approved by the board in accordance with the specifications
and procedures required by this article except as authorized by the
appropriate Borough official to obtain data necessary to comply with
state, county and municipal requirements. The Borough of Wanaque and
other public bodies, including churches, boards of education and counties,
shall abide by this article.
A.
The applicant is responsible for selecting a qualified
person or persons to prepare the environmental impact statement. The
name(s) and address(es) of the person(s) preparing the environmental
impact statement and a list of qualifications shall be included in
the document.
B.
An environmental impact statement shall be required
in conjunction with any application before the appropriate board which
proposes the disturbance of more than 5,000 square feet of land area
and prior to the issuance of any permit or the commencement of any
activity within the Borough of Wanaque which will result in the disturbance
of more than 5,000 square feet of land area and in conjunction with
any application, permit, request or activity, regardless of the size
of the property, which is located in any critical area or which, in
the opinion of the appropriate agency or official, might create a
potential environmental hazard to the health, safety and welfare of
the public.
C.
An application for a single one-family detached dwelling
which would result in the disturbance of more than 5,000 square feet,
but less than 10,000 square feet, of land area shall be exempt from
the requirements of this article.
D.
Any minor subdivision or minor site plan as defined
by the Borough Subdivision Ordinance[1] shall be exempt unless located in a critical area or unless
the development might create a potential environmental hazard to the
health, safety or welfare of the public in the opinion of the board
considering the application.
E.
The board shall have the right to waive the requirements
for an environmental impact statement in whole or in part for an application
upon a finding that the data required is not necessary to determine
whether the proposed project might create a hazard to the environmental
health, safety and welfare of the public.
The environmental impact statement shall contain
information and analysis with respect to the following:
B.
Inventory of existing environmental conditions at
the project site and in the surrounding region, which shall describe
air quality, water quality, water supply, hydrology, both surface
and subsurface, geology, soils, vegetation (including deciduous trees
of six-inch or greater diameter at breast height), coniferous trees
of six-inch or greater diameter, desirable shrubs and ground covers
worthy of protection, wildlife, aesthetics, view sheds, rock outcroppings,
unusual or significant groupings of trees or vegetation and historical
sites. Water and air quality are defined in accordance with guidelines
established by the State of New Jersey, Department of Environmental
Protection and the United States Environmental Protection Agency.
The description of soils is to conform to the definition and terminology
used by the Soil Conservation District.
C.
An assessment of the probable impact of the project, both adverse and beneficial, on the topics described in Subsection B above.
D.
Any probable adverse environmental effects, including
but not limited to:
(1)
Diminished water quality.
(2)
Diminished air quality.
(3)
Increased noise levels.
(4)
Excessive or undesirable illumination of surrounding
areas.
(5)
Undesirable land use.
(6)
Damage to or destruction of significant plant or wildlife
systems.
(7)
Damage to aesthetic values.
(8)
Destruction of natural resources.
(9)
Displacement of people and business.
(10)
Destruction of farms used during the last five
years.
(11)
Undesirable effects on employment, property
taxes and municipal services.
(12)
Destruction of man-made resources and damage
to recreational areas.
(13)
Disruption of desirable community and regional
growth.
(14)
Jeopardy to health, safety and well-being of
the public and immediate neighbors.
(15)
Excessive traffic.
(16)
All of the above as it affects an adjoining
municipality.
(17)
Soil erosion.
E.
A thorough discussion of the steps to be taken, including description and timetable before, during and after construction, both at the project site and in the surrounding area, to minimize the adverse environmental effects as described in Subsection D above.
F.
Alternatives to the proposed project, including:
(1)
That of no project.
(2)
A 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 of social impact of the alternatives.
G.
Implications of the proposed action for population
distribution or concentration should be estimated and an assessment
made of any possible change in population patterns upon the area impacted,
including land use, water and public services.
H.
A listing of all licenses, permits or other approvals
as required by municipal, county and state law, and the status of
each.
I.
A reference list of pertinent published information
relating to the project, project site and surrounding region used
in the preparation of the environmental impact statement shall be
submitted.
J.
Particular data are required as to:
(1)
Sewerage facilities. The applicant must show:
(a)
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 five acres and
every building site, location of aquifers, depth and capacity of all
wells within 200 feet of the disposal site and other pertinent data.
(c)
If disposal is off-site, the 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, existing and future, expected from any
approved subdivision which are dependent upon the same facilities.
(2)
Water supply. The applicant must show:
(a)
Compliance with state and local regulations.
(b)
Location and depth of all private and public
water supplies within 200 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)
That the semipublic water supply is adequate.
(3)
Drainage. The applicant must show:
(a)
The volume of stormwater runoff from the site
and the volume to be generated by new improvements.
(b)
Any increase in the rate of velocity of runoff
and change in drainage patterns.
(c)
Plans for disposition of stormwater, whether
by retention on-site or other means, to protect downstream property.
(d)
Floodplains. A description of potential flood
conditions or damages, including a summary of flood stages from state
and federal sources.
(e)
Proposals for soil erosion and sedimentation
control.
(4)
Solid waste disposal. The applicant must submit a
plan for disposal in compliance with the State Sanitary Code.
(5)
Energy use. The applicant must submit information
on the utilities' capacity to satisfy needs of development.
A.
Twenty copies of the environmental impact statement
shall be submitted to the secretary of the board at the time of application.
In the case of a subdivision or site plan application, the environmental
impact statement shall be required with the submission of an application
for preliminary approval. In the case of an environmental impact statement
which is not in conjunction with a development application, the statement
shall be filed with the Borough Clerk at the time of permit application
and/or prior to commencement of any land disturbance activity.
B.
Upon receipt, copies of the environmental impact statement
shall be distributed as follows:
(1)
One copy to each board member.
(2)
One copy to the Borough Planner.
(3)
One copy to the Borough Engineer.
(4)
One copy to the Borough Director of Health.
(5)
Three copies to the Environmental Commission, together
with three copies of all maps, plats, applications and supporting
data.
(6)
One copy to any other agency or individual as requested
by the board.
(7)
Two copies are to remain on file in the Municipal
Building for review by any member of the public.
C.
Each agency or individual designated by the board
as provided above shall review the environmental impact statement
as well as any other pertinent documents, inspect the site in question
and make a report of his findings and recommendations to the board
within 30 days of the date of filing the statement. Said time period
can be extended by the board with the consent of the applicant.
D.
The board shall analyze and review the environmental
impact statement along with the recommendations of all agencies and
individuals listed above and make a determination within the time
limits provided by law for action in the case of a subdivision or
site plan or within 60 days of the date of filing in all other cases.
A.
On the filing of any environmental impact statement,
the party filing the same shall be required to pay a fee in the amount
of $150 for each application.
B.
In the event that the environmental impact statement
is filed together with any other application of development for which
fees were paid and an escrow, if required, was deposited, then that
applicant shall not be required to deposit any escrow amount. In the
event that an environmental impact statement is not filed in conjunction
with any other application for which fees and escrows have been paid,
pursuant to the aforementioned section, then the applicant shall be
required to post an escrow in the sum of $1,000 to be used for consulting
fees.
