a. 
Applications.
(1) 
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 processes.
(c) 
Will not place a disproportionate or excessive demand upon the total resources available to the project site and to the impact area.
(2) 
To facilitate the environmental appraisal, all applications for development not specifically exempted by the Planning Board must include 10 copies of an environmental impact statement (EIS) or an application for a waiver of the EIS requirement.
The Planning Board 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. Notwithstanding the aforesaid, waivers shall not be granted for any proposed development in a PUD zone, developments located adjacent to Lake Hopatcong or which have a substantial impact on Lake Hopatcong and in areas having slopes exceeding 15%.
The environmental impact statement shall consider, where pertinent to the project or required in § 17-55, the following items:
Describe, with suitable sketches and plans, the proposed project. This item shall summarize, rather than duplicate, the site plan and building plan.
a. 
The applicant will survey and describe the environmental features of the property recommended as the location of the proposed project. The applicant may utilize resource information available from the Borough, Morris 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, archaeological and historical features. Forest vegetation is to be classified by type and age class. The distribution of types and classes will be indicated on a map, the scale of which will be one inch equals 100 feet or such other convenient scale. The location, species and diameter at 4 1/2 feet above the ground of all isolated trees eight inches, or dogwoods two inches, or more in diameter are to be shown on the same or on a separate map. On lots with large numbers of trees, tree masses may be shown. Current land use of the project property and adjacent properties within 500 feet will be indicated on a separate map. If the proposal is for residential or institutional use, ambient levels of noise throughout the anticipated area affected shall be determined.
b. 
Any applicant for industrial and commercial enterprises must show 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. 7:29-1.1 et seq.).
a. 
Estimate the expected flow of sewage, process water and/or other wastewater expected from the proposed development.
(1) 
If on-site disposal is proposed, indicate topography, soils and underlying geology, including water table, aquifer recharge areas and all wells within 500 feet of the disposal area and include results of required percolation tests and soil logs.
(2) 
If disposal is to an existing or new private or public facility, identify owner and location of the plant or facility, and location of existing collection point to which the proposed project would be connected. Applicant shall document that the expected flows from the proposed development will be accepted and can be treated adequately.
b. 
Compliance with all applicable state and municipal health regulations and with all groundwater standards of the New Jersey Department of Environmental Protection.
a. 
If the water is to be supplied from the site and a flow of 100,000 gallons per day or less is required, the applicant shall substantiate and explain the anticipated demand, present proof that aquifer can yield the desired amount of water, demonstrate that wells proposed for installation will meet acceptable standards and assess the effect of proposed withdrawals on existing and proposed wells and surface water bodies within the predicted measurable cone of depression. 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 be 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 will supply copies of all resources 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 any existing private or public facility, the identification, owner and location of the facility and the location of existing distribution point to which the proposed project would be connected shall be provided. The applicant will 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.
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 were implemented. Indicate plans for on-site retention or other techniques that are proposed for use to minimize peak storm flows and resultant downstream flooding. The boundaries of the flood plain shall be shown on one map which illustrates the existing condition of the site where the proposed project is to be implemented. Applicant shall submit evidence of compliance with Article IX, Stormwater and Floodplain Regulations.
a. 
Any proposed stream diversion or encroachment shall require approval of the New Jersey Department of Environmental Protection, and development approval shall be contingent upon this approval. Consultation with the Planning 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.
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. Identify the location(s), type(s) and owner(s) of the facility (facilities) which will receive such sold wastes. If the facility is a landfill, submit proof 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 type and quantity of waste.
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, or if any other source of air pollutants, including automobiles attracted by the facility, will be present on the site during or after construction. 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.
The applicant shall indicate any historical or archaeological features associated with the site. 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. Applicant shall indicate sources and references used in the investigation and if any historical or archaeological features are uncovered, what steps are proposed to preserve, transfer, or maintain the features.
Describe the number of cars to be expected and the traffic pattern, including peak traffic, and how it relates to existing traffic patterns on adjacent roadways.
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.
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. 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.
The environmental impact statement shall contain a concise summary of the environmental impact assessment for 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.
The EIS shall discuss and evaluate alternative solutions to the development proposal, including the no-build alternative.
The environmental impact statement shall include the following items for the proposed project as indicated:
See the following page for the Environment Impact Statement Requirements.
ENVIRONMENTAL IMPACT STATEMENT
Residential
Nonresidential
EIS Item
1-3 Dwelling Units
4-9 Dwelling Units
10 or more Dwelling Units
Accessory Buildings
Commercial, Industrial, Office & Retail
The proposed project
X
X
X
X
X
Existing conditions of the site and affected off-site areas (includes groundwater, surface geology, subsurface geology, soils, ground cover, flora, fauna, drainage, land use, vegetation, wildlife and archaeological and historical features
X
X
X
X
Wastewater management
X
X
X
X
Water supply
X
X
X
X
Surface drainage
X
X
X
Stream encroachment
X
X
X
X
X
Solid waste disposal.
X
X
X
Air quality.
X
X
X
Noise quality
X
X
X
Traffic
X
X
X
Environmental protective measures
X
X
X
X
X
Adverse impacts which cannot be avoided
X
X
X
X
X
Summary environmental assessment
X
X
X
X
Alternatives
X
X
X
X