[Added 9-27-2018 by Ord.
No. 23-18]
A. Each applicant shall, as part of submission to the Land Use Board
of an application for either major site plan approval or preliminary
approval of a major subdivision, submit 20 copies of an environmental
impact statement relative to the proposed project submitted for approval
to the Land Use Board. If both a site plan and a preliminary subdivision
plat are required for a single project, then the environmental impact
statement shall be submitted with the earlier of the two applications
unless otherwise directed by the Land Use Board. The purpose of requiring
an environmental impact statement is to permit the Borough of Rockaway
Land Use Board to assess the impact of the proposed project upon the
environment.
B. 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, to the reasonable satisfaction of the Land Use Board,
qualifications in the physical, chemical and biological fields.
The environmental impact statement shall include the following:
A. Key map showing the location of the project and how it relates to
the surrounding region affected thereby.
B. Description of the project specifying, in the form of maps, drawings,
graphs or similar visual aids, and also by narrative, what is to be
done and how it is to be done during and after construction of the
project, including information and technical data adequate to permit
a careful assessment of the environmental impact of the project.
C. The compatibility of the project with the Municipal Master Plan to
include subsequent re-examination reports and any elements that comprise
the Master Plan. Additional plans that have influence or jurisdiction
within the Borough shall be reviewed and discussed including, but
not limited to, the redevelopment studies and plans, and other Borough
of Rockaway planning documents.
D. An inventory of the existing environmental conditions at the project
site and in the surrounding region affected thereby which shall describe
the following:
(1) Physical characteristics.
(a)
Hydrology, including maps and descriptions of streams, water
bodies and floodplains and a discussion of water quality and water
supply.
(c)
Soils and their properties, including capabilities and limitations.
(2) Wildlife.
(a)
Fish and aquatic organisms.
(3) Man-made conditions and structures.
(a)
Sanitary and storm sewer systems, including planned construction.
(b)
Noise characteristics and levels.
(d)
Land use, including maps and descriptions of zoning and master
plan delineation of the project area.
(4) Community character.
(a)
History, including maps and descriptions of sites and districts
of historic and archeological significance.
(d)
Maps and descriptions of sites reserved or planned for recreational
purposes or as wildlife refuges.
(5) Air and water quality. Air quality and water quality shall be described
with reference to the standards promulgated by the Department of Environmental
Protection of the State of New Jersey, and soils shall be described
with reference to criteria contained in the Morris County Soil Conservation
District Standards and Specifications. Local ordinances shall also
be considered in the aforementioned environmental conditions.
E. A listing of all licenses, permits or other approvals required by
municipal, county or state law, the status of each, and proof that
the applicant has contacted officials of any federal, state, county
or municipal agency affected by the proposed project.
F. Community impact of project. An assessment of the probable impact of the project upon all of the topics listed in Subsection
C above. The assessment shall include an evaluation of the public costs of the project, including but not limited to the following impacts: schools, traffic, police, fire, first aid, energy utilization, utilities, trash removal, etc., and indirect costs such as the loss of open space.
G. A listing and evaluation of adverse environmental impacts which cannot
be avoided, with particular emphasis upon air or water pollution,
increase in noise during and after construction, damage to plant,
tree and wildlife systems, damage to natural resources, displacement
of people and businesses, increase in sedimentation and siltation,
flooding, potential stormwater runoff damage both on and off site,
increase in municipal services, and health, safety and well-being
of the public. Off-site impact shall also be set forth and evaluated.
H. A thorough description of the steps to be taken to minimize adverse
environmental impact before, during and after construction of the
project, both at the project site and in the surrounding region affected
thereby, such description to be accompanied by necessary maps, schedules
and other explanatory data as may be needed to clarify and explain
the actions to be taken.
I. Identification and description of any irreversible and irretrievable
commitment of resources which would be involved in the proposed action.
J. A statement of alternatives to the proposed project which might avoid
some or all of the adverse environmental effects, including a no-action
alternative, with an objective evaluation of each alternative including
the no-action alternative.
K. Drainage. The report shall contain an executive summary of the stormwater management report. The stormwater management report shall include all data, maps and calculations necessary to demonstrate compliance with all applicant local and state design standards including but not limited to those in Chapter
170, Land Use Design and Performance Standards; the Residential Site Improvement Standards (N.J.A.C. 5:21); and the NJDEP Stormwater Rule (N.J.A.C. 7:8). The executive summary shall contain a description of the existing and proposed runoff patterns and specifics on how the design standards are met, including an analysis of the nonstructural stormwater methods proposed as part of the project.
L. Solid waste disposal. A plan for disposal by means of a facility
operating in compliance with the State Sanitary Code.
M. Air pollution. A showing that no effects in violation of federal
and New Jersey standards are produced in the atmosphere by heating
or incineration devices nor by any processing of materials.
N. Traffic. An inventory of existing and projected flow on all bordering
and access roads.
O. A reference list of available pertinent, published information relating
to the project, the project site, and the surrounding region affected
thereby.
A. Review. In reviewing an environmental impact statement, the Land
Use Board shall take into consideration the effect of the applicant's
proposal upon all aspects of the environment, including but not limited
to preservation of trees and vegetation, protection of air resources,
protection of public lands and their uses and ecosystems and the presence
of any nuisance factors. No application for development shall be approved
unless it has been affirmatively determined, after an environmental
appraisal, that the proposed project:
(1) Will not result in a significant adverse impact on the environment.
(2) Has been conceived and designed in such a manner that it will not
significantly impair natural processes.
(3) Will not place a disproportionate or excessive demand upon the total
resources available to the project site and to the impact area.
B. Notwithstanding the foregoing, the Land Use Board may, at the request
of the applicant, waive the requirement for an environmental impact
statement if sufficient evidence is submitted to support a conclusion
that the proposed development will have slight or negligible environmental
impact. Portions of such requirement may likewise be waived upon a
finding that a complete report need not be prepared in order to evaluate
adequately the ecological impact of the particular project.