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%.
Applicant shall discuss and analyze in the environmental impact
statement those factors required for the particular project and any
other factors pertinent to the proposed project.
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
| |
