No application for development shall be approved unless it has been affirmatively determined, after an environmental appraisal, that the proposed project:
A. 
Will not result in a significant adverse impact on the environment.
B. 
Has been conceived and designed in such a manner that it will not significantly impair natural resources.
C. 
Will not place a disproportionate or excessive demand upon the total resources available to the project site and to the impact area.
To facilitate the environmental appraisal, all applications for development not specifically exempted by the approving authority shall include 10 copies of an environmental impact statement (EIS) or an application for a waiver of the EIS requirement.
A. 
The approving authority may waive the requirements for an environmental impact statement, in whole or in part, if sufficient evidence is submitted by the developer, in an environmental impact report, 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 adequately evaluate the environmental impact.
B. 
For purposes of this section, an environmental impact report shall be a report which discusses each item specified herein for which a waiver is sought, with a statement setting forth the reason or reasons why compliance with the statement requirements is unnecessary.
A. 
Applicants shall discuss and analyze in the environmental impact statement those factors required for the particular project set forth in § 361-29 and any other factors pertinent to the proposed project.
B. 
Where pertinent to the project or as required in § 361-29, the environmental impact statement shall provide the following information for consideration:
(1) 
Proposed project. A description with suitable sketches and plans of the proposed project. This item shall summarize, rather than duplicate, the site plan and building plan.
(2) 
Existing conditions of the site and affected off-site areas. The applicant shall submit a survey and description of the environmental features of the property recommended as the location for the proposed project. The applicant may utilize resource information available from the Township, Warren County Soil Conservation District, and other official agencies. Generally, an inventory will consider the air quality, topography, surface water bodies, surface water quality, aquatic biota, soils, geology, groundwater, vegetation, wildlife endangered species, and archaeological and historical features. Forest vegetation shall be classified by type and age class. The distribution of types and classes shall be indicated on a map, the scale of which will be one inch equals 100 feet or other convenient scale. The location, species and diameter at 4 1/2 feet above the ground of all isolated trees of eight inches or more, or dogwoods of two inches or more in diameter, shall be shown on the same or on a separate map. Current land use of the subject property and adjacent properties within 500 feet shall indicated on a separate map.
(3) 
Wastewater management.
(a) 
The applicant shall submit an estimate of the expected flow of sewage, process water and or other wastewater expected from the proposed development.
[1] 
If on-site disposal is proposed, the application shall indicate topography, soils and underlying geology, including water table, aquifer recharge areas and all wells within 500 feet of the disposal area. Results of required percolation tests and soil logs shall included.
[2] 
If disposal is to an existing or new private or public facility, the owner and location of the plant or facility, and location of existing collection point to which the proposed project would be connected shall be identified. The applicant shall document that the expected flows from the proposed development will be accepted and can be treated adequately.
(b) 
The applicant shall comply with all applicable state and municipal health regulations and with all groundwater standards of the New Jersey Department of Environmental Protection.
(4) 
Water supply.
(a) 
Flow of 100,000 gallons per day or less.
[1] 
If the water is to be supplied from the site and a flow of 100,000 gallons per day or less is required, the EIS shall:
[a] 
Substantiate and explain the anticipated demand.
[b] 
Present proof that the aquifer can yield the desired amount of water.
[c] 
Demonstrate that wells proposed for installation will meet acceptable standards.
[d] 
Assess the effect of proposed withdrawals on existing and proposed wells and surface water bodies within the predicted measurable cone of depression.
[2] 
If the plan includes 50 or more dwelling units, certification of the adequacy of the proposed water supply and sewage facilities shall be obtained from the New Jersey Department of Environmental Protection and included in the environmental impact statement.
(b) 
If the water is to supplied from the site or other new sources and the total project demand for water supply is in excess of 100,000 gallons per day, the applicant shall obtain a diversion permit from the New Jersey Department of Environmental Protection. Preliminary development approval shall be contingent upon the granting of a diversion grant. The applicant shall assess the effect of any proposed wells and surface water bodies within the predicted measurable cone of depression in the environmental impact statement. The applicant shall supply copies of all resource information provided to the New Jersey Water Policy and Supply Council in support of his application for a diversion grant.
(c) 
If the water is to be supplied from an existing private or public facility, the EIS shall identify the owner and location of the facility and the location of the existing distribution point to which the proposed project will be connected. The applicant shall submit documentary proof that the facility has the available excess capacity in terms of its allowable diversion and equipment to supply the proposed project and is willing to do so.
(5) 
Surface drainage. The applicant shall submit data establishing the rate and volume of stormwater runoff and identify the receiving body or bodies for such runoff from the site under original natural conditions and from the site during and after construction if the proposed project should be implemented. Plans for on-site retention or other techniques that are proposed for use to minimize peak storm flows and resultant downstream flooding shall be indicated. The boundaries on the floodplain shall be shown on one map which illustrates the existing condition of the site where the proposed project is to be implemented. The applicant shall submit evidence of compliance with all applicable stormwater and floodplain regulations, steep slopes regulations and soil erosion and sediment control regulations.
(6) 
Steam encroachments.
(a) 
Any proposed stream diversion or encroachment shall require approval of the New Jersey Department of Environmental Protection and preliminary development approval shall be contingent upon this approval. Consultation with the Board in early planning stages is recommended if such actions are contemplated.
(b) 
A certified copy of the encroachment application to the Division of Water Resources, New Jersey Department of Environmental Protection, shall accompany the environmental impact statement for any plan for which such permit is required by state law. The applicant shall supply copies of all resource information provided to the Division of Water Resources in support of his application for an encroachment permit.
(7) 
Solid waste disposal. For residential uses other than single-family detached uses, the EIS shall estimate the volume of solid wastes, by type, expected to be generated from the proposed project during construction and operation and describe plans for collection, transportation and disposal of these materials. Additionally, for industrial uses, the locations, types and owners of the facilities which will receive such solid wastes shall be identified. If the facility is a landfill, proof shall be submitted that it is registered with the Division of Environmental Quality, New Jersey Department of Environmental Protection, and is operated in compliance with the New Jersey Sanitation Code and that it is legally empowered to accept the type and quantity of waste anticipated. Evidence of compliance with the County Solid Waste Management Plan shall also be given with respect to the proposed method of disposal.
(8) 
Air quality. For all nonresidential uses, the EIS shall describe each source, its location, the quantity and nature of materials to be emitted from any furnace or other device in which coal, fuel, oil, gasoline, diesel fuel, kerosene, wood or other combustible material will be burned. Any other source of air pollutants, including automobiles attracted by the facility which will be present on the site during or after construction, shall be indicated. If a state or federal emission permit is required, a copy of the permit and all resource data submitted with the application for the permit shall accompany the environmental impact statement. An applicant for an industrial or commercial enterprise shall demonstrate that after construction and during normal operation the enterprise will not exceed the State of New Jersey regulations controlling industrial and commercial stationary sources, N.J.A.C. 7:27-1.1 et seq.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(9) 
Historical. Historical or archaeological features associated with the site shall be indicated. These shall include any significant architecture, evidence of historical settlements such as Indian burial grounds or camps, evidence of historical activities which may have taken place on the site or in the area, such as Revolutionary War battles or encampments, and similar activities, structures, artifacts or features. The applicant shall indicate sources and references used in the investigation, and, of any historical or archaeological features are uncovered, what steps are proposed to preserve, transfer, or maintain the features.
(10) 
Environmental protective measures. The environmental impact statement shall contain a listing of all environmental protective measures which will be used should the proposed project be implemented. These are measures which will avoid or minimize adverse effects on the natural and man-made environment of the site and region during the construction and operation of the facility.
(11) 
Adverse impacts which cannot be avoided.
(a) 
The environmental impact statement shall contain a summary list, without discussion, of the potential adverse environmental impacts which cannot be avoided should the proposed project be implemented. Short-term impacts should be distinguished from long-term impacts.
(b) 
Reversible impacts should be distinguished from irreversible impacts. Any impacts on critical areas, which include, but are not limited to streams, floodways, wetlands, slopes of 20% or greater, highly acid or highly erodible soils, areas of high water table, aquifer recharge areas and mature stands of native vegetation, should specify the type of criteria involved and the extent of similar areas which will not be affected.
(12) 
Summary environmental assessment. The environmental impact statement shall contain a concise summary of the environmental impact of the proposed project. This summary will evaluate the adverse and positive environmental effects of the project should it be implemented and the public benefits expected to derive from the project, if any.
(13) 
Alternate proposals. A statement of alternatives to the proposed project which might avoid some or all of the adverse effects, including a no-action alternative, shall be provided. The statement should include the reasons for the acceptability or nonacceptability of each alternative.
The environmental impact statement shall include the following items of the proposed project as indicated in § 361-28.
Project Size
Residential
Nonresidential
1–9 Dwelling Units Without New Roads
10 or More Dwelling Units, Single-Family Dwelling Units With New Roads
Non-
industrial
Industrial
Environmental Impact Statement (EIS) Item
1.
The proposed project
X
X
X
2.
Existing conditions of the site and affected off-site areas, including groundwater, surface geology, subsurface geology, soils, ground cover, flora, fauna, drainage, land use, vegetation, wildlife and archaeological and historical features
X
X
X
3.
Wastewater management
X
X
X
X
4.
Water supply
X
X
X
5.
Surface drainage
X
X
X
6.
Stream encroachment
X
X
X
X
7.
Solid waste disposal
X
X
X
8.
Air quality
X
X
9.
Noise quality
X
10.
Environmental protective measures
X
X
X
11.
Adverse impacts which cannot be avoided
X
X
X
12.
Summary environmental assessment
X
X
X
13.
Alternate proposals
X
X
X