[HISTORY: Adopted by the Township Committee
of the Township of Montville by Ord. No. 1308 as Ch. 8.24 of the 1998 Code. Amendments
noted where applicable.]
The purpose of requiring an environmental impact
statement is to permit the Montville Township Planning Board and Environmental
Commission to assess the impact of a proposed project upon the environment,
particularly with respect to land, water, air, solid wastes, aquatic
and terrestrial wildlife, social and economic life and aesthetics.
A.
An environmental impact statement is hereby required
as part of an application for approval of a preliminary plat involving
10 or more acres of land or 10 or more lots, a preliminary site plan
involving five acres or more of land, a soil removal permit involving
removal of 500 cubic yards or more of soil and for a tree-harvesting
and logging operation. Notwithstanding this provision, an environmental
impact statement shall be required for any preliminary plat, preliminary
site plan or soil removal, regardless of size or number of lots, when
located in the CWR District. The Planning Board may also require that
an environmental impact statement be submitted as part of any application
for development, regardless of size or number of lots, if it determines
that the property contains any environmentally sensitive conditions
upon which the development may have an adverse impact.
B.
An environmental impact statement as required herein
shall also be submitted covering all public or quasi-public projects
unless they are exempt from the requirements of local law by supervising
county, state or federal law.
A.
Submission of statement.
(1)
Twenty-five copies of the environmental impact statement shall be submitted to the Planning Board, together with a filing fee to cover the cost of reviewing and processing the same. The fees for residential development, nonresidential development, soil removal permits and tree-harvesting or logging operations are set forth in Chapter 169, Fee Schedule.[1]
(2)
The Township Engineer may submit the environmental
impact statement to such consultants as he may deem appropriate. If
the filing fee is not sufficient to cover the costs of such consultants,
the applicant must reimburse the Township for the additional expense.
However, the Township Engineer shall, prior to incurring additional
costs, inform the applicant of the additional amount to be spent so
as to permit the applicant the option of proceeding with the application
or withdrawing the application. If the applicant wishes to withdraw
the application, he must do so within 15 days of being notified of
the additional amount to be spent by the Township.
B.
No soil removal operation involving removal of 500
cubic yards or more of soil and no tree-harvesting or logging operation
shall commence until an environmental impact statement has been approved
by the Township Committee.
The environmental impact statement shall include
the following:
A.
Plan and description of proposed project. A project
description, complete with site plans, which shall specify the purpose
of the proposed project, including products and services, if any,
being provided, and the regional, municipal and neighborhood setting,
including buildings, roads, grading and regrading, adjacent natural
streams and utility lines.
B.
Inventory of existing natural resources. An inventory
of existing natural resources at the project site and in the affected
region, which shall describe air quality, water quality, geological
character, soil characteristics, land form, hydrological features,
wildlife, aquatic organisms, noise characteristics and levels, land
use, history and archaeology. 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 the Morris County Soil Survey and the criteria contained
in the Morris County Soil Conservation District Standards and Specifications.
C.
Assessment of environmental impact of project. An assessment supported by environmental data of the environmental impact of the project upon the factors described in Subsection B above. It shall also include an evaluation of water use and depletion; liquid and solid wastes on quality and quantity of surface and ground waters; air quality; traffic; and the aquatic and terrestrial wildlife. The assessment shall also include an evaluation of the loss of open space and the social and economic effects on the community, including schools, parks, roads, police, fire, etc.
D.
Unavoidable adverse environmental impacts. A discussion
of any adverse environmental impacts and damages to natural resources
which cannot be avoided, with particular emphasis upon air or water
pollution; damage to plant, tree or wildlife systems; displacement
of existing farms; and increases in sedimentation and siltation.
E.
Steps to minimize environmental damage. A description
of steps to be taken to minimize adverse environmental impacts during
construction and operation, both at the project site and in the affected
region. Such description is to be accompanied by necessary maps, schedules
and other explanatory data as may be needed to clarify and explain
the actions to be taken.
F.
Alternatives. A discussion of alternatives to the
proposed project which might avoid some or all of the adverse environmental
effects of the proposed project. The discussion should include the
reasons for the acceptability or nonacceptability of each alternative.
[Amended by Ord. No. 2000-9]
The environmental impact statement shall address
each of the items outlined below to the degree and extent that it
is pertinent to the project. If the item is not pertinent to the project,
that fact shall be so indicated and justification for its waiver included.
The environmental impact statement shall be based on the most recent
data and information available, and the source and date of all data
and information shall be stated. Each section or element of the environmental
impact statement shall be prepared by a professional person, qualified
in that particular field or area. The environmental impact statement
shall include or shall be accompanied by a statement of the background
and qualifications of each professional person responsible for any
section or element. The Planning Board shall have the right to require
additional information as well as further professional input if it
finds that there is insufficient information on which to base an informed
decision or if any information submitted is technically unsupported.
A.
Sewerage facilities.
(1)
A description of the sewerage facilities that will
be utilized, including the following:
(a)
If disposal is on-site: data on underlying geology;
water table; depth of rock; soils analysis; soil stratigraphy; percolation
tests for every sewage disposal site; topography; location and depth
of aquifers; depth, capacity and type of construction and location
of all wells which have been recorded or can be obtained from interviews
with adjacent property owners within 500 feet of site; soil logs and
percolation tests for each disposal site as witnessed by the Board
of Health; and any other pertinent data.
(b)
If disposal is off-site: projected sewer discharges
stated in average daily flows (gallons per day) for initial phase
and five-year and ten-year projections for both residential discharges
and industrial/commercial discharges, described as follows: type of
process; projected daily flows; physical characteristics, including
temperature; biological characteristics; and chemical characteristics,
including description of toxic components.
(2)
Treatment facilities.
(a)
If treatment is by public facilities: name of
public facility and point of connection and description of interconnecting
facilities.
(b)
If project is to include treatment facilities
discharging into a stream or watercourse: location of treatment facilities;
receiving stream and data on stream classification, water quality,
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 the effect of nutrients on downstream ponds and lakes.
(3)
Proof of compliance with all state, Montville Water
and Sewer Department and Montville Board of Health regulations.
B.
Water supply. A description of water supply that will
be utilized, including the following:
(1)
If supply is from on-site source: location of water
supply source(s); description of water supply facilities, including
type, depth and pumping rates; location and depth of all private and
public water supplies and septic systems within 500 feet of the proposed
water sources; and geologic evaluation of subsurface conditions, including
statements on the following:
(a)
Long-term evaluation of adequacy of the supply
to serve the project (in terms of both quantity and quality).
(b)
Evaluation of possible interference with existing
private and public water supplies up to a five-mile radius.
(c)
Evaluation of water table conditions and aquifer
recharge capability.
(2)
If supply is from public facilities off-site: name
of public facility; point(s) of interconnection and description of
interconnecting facilities; pressure requirements; and projected water
usage stated in average daily usage (gallons per day), peak daily
usage (gallons per day) and peak hourly usage (gallons per hour).
Water usage shall also state initial phase and five- and ten-year
projections for each of the following categories:
(3)
Proof of compliance with all state (including Division
of Environmental Protection, Bureau of Water Control) requirements
and Montville Water and Sewer Department and Montville Board of Health
regulations.
C.
Stormwater. The following data and documentation shall
be submitted:
(1)
Peak rates and volume of stormwater runoff expected
from undeveloped site and to be generated by proposed project, including
rates for ten-, fifteen-, twenty-five-, fifty-, and one-hundred-year
storm frequencies having durations equal to the time of concentration.
(2)
Data on landscaping, vegetation map and tree and ground
cover existing on the site compared with that proposed.
(3)
A discussion of changes in peak rates and volume of
stormwater runoff and runoff coefficients caused by changes in land
use and whether or not there will be any increased incidents of flooding
caused by increased stormwater runoff due to the proposed project.
(4)
Plans for disposition of stormwater and attempt to
delay the time of concentration by the use of detention basins or
other acceptable methods.
(5)
A description of potential flood damages, including
a summary of flood stages from state and federal sources, shall be
included.
D.
Solid waste disposal. A plan for disposal by means
of a facility operating in compliance with federal, state, regional,
county and local regulations.
E.
Air pollution. A description of any changes in air
quality to be produced by the proposed development, including the
amounts or degree of smoke, heat or other air pollutants to be added
to the atmosphere or created by heating, incineration and processing
operations.
F.
Traffic. A determination of the present volume and
capacity of the road(s) serving the project and the nearest major
intersection, and a statement as to the projected volumes for the
same upon completion of the project; also, a determination concerning
additional air pollution and noises to be caused thereby.
G.
Social/economic. An analysis of the factors affecting
the finances of the Township, which shall include the estimated changes
in tax receipts and fiscal outlay for municipal services; estimated
number and types of jobs to be provided; calculation of the number
of school-age children to be produced; and any addition to existing
municipal services required by the project.
H.
Aesthetics. A discussion of how the natural or present
character of the area will be changed as a result of the proposed
action.
I.
Licenses, permits, etc. A list of all licenses, permits
and other approvals required by municipal, county or state law and
the status of each. In the case of a site plan, a copy of the site
plan application shall be included.
J.
Other matters. The applicant shall address any additional
matters of environmental impact not listed above, but which are unique
to the property or which may be revealed during the conduct of the
impact statement. In addition, the Planning Board may require that
other matters it deems applicable to the project be addressed.
A.
In reviewing an environmental impact statement, the
Planning Board shall take into consideration the effect of the proposed
project upon all aspects of the environment, including but not limited
to sewage disposal, water quality, water supply, preservation of trees
and vegetation, protection of watercourses, protection of air resources,
protection of aquifers, protection of public lands and their uses
and ecosystems and the creation of any nuisance factors. The Planning
Board will submit the environmental impact statement for review to
the Township Environmental Commission and may submit such statement
to such other governmental bodies and to such consultants as it may
deem appropriate. The Planning Board shall request that an advisory
report shall be made to it by the governmental body or consultant
within 45 days of the submission of the environmental impact statement
to such governmental body or consultant. The Planning Board shall
reject the proposed project on an environmental basis only if it determines
that the proposed project:
B.
Conditions. The steps to be taken to minimize the adverse environmental impacts during construction and operation under § 160-4E and the alternatives which may be approved by the Planning Board under § 160-4F shall constitute conditions of the approval of the environmental impact statement, together with such other conditions as the Planning Board may impose. No certificate of occupancy shall be issued until compliance shall have been met with such conditions.
The Planning Board, at its sole discretion,
may waive the requirement for an environmental impact statement, in
whole or in part, upon receipt of a written request, 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 statement need not be prepared in order to evaluate adequately
the environmental impact of a project.
[Amended 2-28-2006 by Ord. No. 2006-09]
The Township Engineer is hereby designated as
the officer whose duty it shall be to enforce the provisions of this
chapter. He shall, from time to time, upon his own initiative and
whenever directed by the Township Committee or Planning Board, inspect
the premises for which an environmental impact statement has been
approved to ensure compliance with the terms of the approval and of
this chapter. He shall immediately report all violations and take
such action as may be deemed necessary in the circumstances.
