[Ord. No. 981 § 1]
The purpose of requiring an Environmental Impact Statement is
to permit the Fairfield Township Planning Board, Board of Adjustment
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.
[Ord. No. 981 § 2]
a.
An Environmental Impact Statement shall be required for any preliminary
plat, preliminary site plan, soil removal and tree harvesting operation.
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 supervening County,
State or Federal law.
[Ord. No. 981 § 3; Ord. No. 2011-04]
a.
Twenty-one copies of the Environmental Impact Statement shall be
submitted to the Planning Board or Board of Adjustment together with
a filing fee to cover the cost of reviewing and processing the same.
The fee will be based upon the following formula:
b.
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 advance the additional expense to the Township before there is
any continuance with his application.
However, the Township Engineer shall, prior to incurring additional
costs, inform the applicant of the additional amount to be spend so
as to permit the applicant the operation 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.
[Ord. No. 981 § 4]
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 Environmental Conditions. An inventory of existing
environmental conditions at the project site and in the affected region,
which shall describe air quality, water quality, terrestrial wildlife
geological character, soils and properties thereof, including capabilities
and limitations, wetlands, drainage and runoff characteristics, sewerage
systems, topography, hydrological features, wildlife, aquatic organisms,
noise characteristics and levels, floodplains, vehicular traffic,
demography, land use, aesthetics, history and archaeology. Air and
water quality shall be described with reference to standards promulgated
by the N.J. Department of Environmental Protection and soil shall
be described with reference to criteria in the standards and specifications
of the Soil Conservation District. Applicant shall obtain and submit
with the Environmental Impact Report herein required, one copy each
of the soil map and soil interpretation sheet utilized by the Soil
Conservation District with regard to the property under construction.
If applicable, the applicant shall also submit one copy each of the
State of New Jersey Flood Hazard Area Map and wetlands delineation
map for the property under consideration.
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 paragraph 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.
Listing and Evaluation. A listing and evaluation or adverse environmental
impacts which cannot be avoided, with particular emphasis upon air
or water pollution, increase in noise, damage to plant, tree and wildlife
systems, damage to natural resources, displacement of people and businesses,
displacement of existing parks, public open spaces, and farmland,
destruction of wetlands, increase in stormwater run-off, increase
in municipal services and consequences to municipal tax structure.
Offsite impacts shall also be set forth and evaluated.
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.
[Ord. No. 981 § 5]
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 term is not pertinent to the project, the 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 or Board of Adjustment 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 onsite; 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 the site; soil logs
and percolations tests for each disposal site as witnessed by the
Board of Health; and any other pertinent data.
(b)
If disposal is offsite; 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
flow at ten-year frequency; description of treatment facilities and
proposed effluent quality; and evaluation of initial and future deleterious
effects on such 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, County and Board of Health regulations
of the Township.
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 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 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 offsite: 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) 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 County and Fairfield
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 100-year storm frequencies having
duration 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 change in air quality to be produced
by the proposed development, including the amounts or degree of smoke,
heat or proposed development, including the amounts or degree of smoke,
heat or other air pollutant to be added to the atmosphere or created
by hearing, 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 and 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 or Board of Adjustment
may require that other matters it deems applicable to the project
be addressed.
[Ord. No. 981 § 6]
a.
Review Considerations. In reviewing an Environmental Impact Statement,
the Planning Board or Board of Adjustment and Environmental Commission
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 or Board
of Adjustment 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 or Board of Adjustment 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 or Board of Adjustment shall reject the proposed project on
any 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 subsection 44-3.1e and the alternatives under subsection 44-3.1f shall constitute conditions of the approval of the Environmental Impact Statement, together with such other conditions as the Planning Board or Board of Adjustment may impose. No Certificate of Occupancy shall be issued until compliance shall have been met with such conditions.
[Ord. No. 981 § 7]
The Planning Board or Board of Adjustment, after requesting
and receiving a resolution from the Environmental Commission recommending
the same, may waive the requirement for an Environmental Impact Statement,
in whole or in part, upon receipt of 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.
[Ord. No. 981 § 9]
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 Governing Body and/or Planning Board or Board of Adjustment, 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.
[Ord. No. 981 § 8;
New]
Any person convicted of a violation of any of the provisions of this chapter shall, for each offense, be liable to the penalty stated in Chapter 1, Section 1-5. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
