Township of Monroe, NJ Chapter 38 Environmental Quality Review

[HISTORY: Adopted by the Council of the Township of Monroe 1-7-85 by Ord. No. 1-85. Amendments noted where applicable.]

§ 38-1 General provisions.

No application for preliminary site plan or residential subdivision approval or overall development plan approval for a planned development shall be approved unless it has been determined by the Planning Board, in accordance with the provisions of this chapter, that the applicant has utilized reasonable site planning design alternatives to mitigate adverse impacts to specific elements of the environment, including the prevention of soil erosion, preservation of trees and other important vegetation, protection of watercourses and floodplains, protection of water sources, protection of wetlands, protection of air quality, protection of endangered or other protected species of wildlife and preservation of historic features. Applications involving municipal projects or programs shall be approved by the governing body and shall likewise be subject to the aforementioned criteria.

§ 38-2 Applications requiring environmental impact statement.

A. All applications for a preliminary site plan or residential subdivision approval and applications for overall development plan approval for a planned development, to include new municipal projects and programs, shall include an environmental impact statement (EIS).

B. Any variance applications to the Zoning Board of Adjustment not involving a site plan or subdivision application shall not require an environmental impact statement unless specifically requested by the Zoning Board. The Zoning Board of Adjustment shall inform the applicant regarding any information that may be required.

C. An environmental impact statement shall not be required where:

(1) The application is for a minor subdivision.

(2) The application is for a preliminary site plan or residential subdivision approval of all or part of a planned development which has a previously approved overall development plan.

(3) The application is in connection with a previously approved preliminary site plan or residential subdivision plan.

(4) The application pertains to the revision of a previously approved site plan and the revision will not significantly alter the environmental aspects of the site design.

(5) Municipal projects or programs involving routine or continuing agency administration and management, routine maintenance, replacement in kind and construction or placement of minor structures not altering land use or density.

§ 38-3 Submission of environmental impact statement; required information.

[Amended 12-9-96 by Ord. No. 0-12-96-035]

A. Nine copies of the environmental impact statement are to be submitted, with the following information contained therein:

Site Information

(1) Site:

(a) Location and acreage.

(b) Zoning:

[1] Current.

[2] Proposed.

(c) Land uses:

[1] Past known use(s).

[2] Current.

[3] Proposed.

(2) Project description:

(a) Dimensions of project.

(b) Type of project:

[1] Residential - number and types of housing units.

[2] Commercial/industrial:

Actual operation of proposed site hours of operation, including shifts, if any dimensions of buildings on site types of products made and/or stored on site

(c) Number of residents, customers and/or employees.

(d) Chemicals/materials:

[1] Disposal of any existing chemicals/ materials on site.

[2] Disposal of hazardous waste.

[3] Solid waste. Procedures to include but not limited to recycling.

Survey of site for solid waste existing on premises (questioning area residents, owner of property).

Disposal of any existing solid waste.

[4] Include a copy of the Industrial Waste Survey.

(e) Potable/wastewater:

[1] Municipal or well water.

[2] Sewer or septic system.

[3] Projected demand for potable water; volume of wastewater.

[4] How demands will be met - water tower, wastewater facilities.

(f) Other public utilities - electric, gas, telephone, cable.

(g) Traffic:

[1] Existing and projected conditions.

[2] Types of vehicles and volume generated per hour.

[3] On- and off-street parking.

[4] Roadways/highways in area - existing and proposed.

[5] Types and locations of traffic lighting and signs.

[6] Improvements to existing, adjacent roads.

[7] Predominant flow of traffic.

[8] Impacts.

[9] Alternatives/solutions.

(h) Air quality:

[1] Current and projected conditions.

[2] Any emissions, odors produced by project.

[3] Impacts.

[4] Alternatives/solutions.

(i) Noise:

[1] Current and projected conditions.

[2] Projected decibels, duration and time of day for significant noise disturbance.

[3] Impacts.

[4] Alternatives/solutions.

(j) Lighting:

[1] Type of street and outdoor lighting.

[2] Impacts, such as glare, neighboring properties.

[3] Alternatives/solutions.

(k) Construction schedule and techniques:

[1] Commencement and completion dates.

[2] Materials and equipment to be used.

[3] Procedures to be taken to prevent soil erosion, dust, and noise.

(3) Geology/Soils/Slopes:

(a) Geology of site.

(b) Soils - types and descriptions.

(c) Slopes - locations and slope percentage.

(d) Impacts- including but not limited to soils to be brought onto and off site, soil erosion, sediment control, physical alteration of land.

(e) Alternatives/solutions.

(4) Natural features:

(a) Groundwater - amount and location on site:

[1] Aquifer recharge area(s).

[2] Wetlands.

[3] Floodplain/flood hazard area(s).

[4] Impacts - including but not limited to runoff, water quality, flooding, drainage, on- and off-site impacts, loss of recharge, encroachment or alteration.

[5] Alternatives/solutions.

(b) Surface water - amount and location on site:

[1] Ponds, streams, rivers, lakes, brooks.

[2] Impacts - encroachment or alteration of these features, runoff, water quality, flooding, drainage, on- and off-site impacts.

(c) Prime farmland:

[1] Prime farmland in or near site.

[2] Farmland preservation area in or near site.

[3] Impacts.

[4] Alternatives/solutions.

(d) Mature forest/vegetation:

[1] Forest areas located in or near site.

[2] Types of vegetation on site, amounts and locations.

[3] Encroachment on endangered plant species or their habitat.

[4] Impacts.

[5] Alternatives/solutions.

(e) Wildlife:

[1] Location of site in or near wildlife habitats.

[2] Types of wildlife found on site, amounts and locations, if possible.

[3] Encroachment of any endangered wildlife species/habitat.

[4] Impacts.

[5] Alternatives/solutions.

(f) Historic sites, open space, aesthetic character:

[1] Is site in or near historic site(s), open space, or scenic areas.

[2] Impacts.

[3] Alternatives/solutions.

(g) Environmentally stressed areas:

[1] Location of site in or adjacent to landfill(s), junk yard(s), mining operations, wells, septic systems and contaminated sites.

[Amended 4-1-02 by Ord. No. 0-4-2002-011]

[2] Impacts.

[3] Alternatives/solutions.

(5) Community concerns:

(a) Any effects to public health, safety:

[1] Pesticides or other substances.

[2] Vibrations.

[3] Electrical disturbances.

[4] Ionizing radiation.

[5] Gas transmission lines.

[6] High tension power lines.

[7] Environmentally sensitive areas.

[8] Other.

(b) Impacts - Including but not limited to:

[1] Schools.

[2] Emergency services.

[3] Municipal services.

[4] On adjacent property owners.

(c) Alternatives/solutions.

(6) Necessary permits/approvals:

Required federal, state, county and local permits and/or approvals for project:

YES	NO	NOT APPLICABLE
			NJDEP Freshwater Wetlands LOI
			NJDEP Stream Encroachment Permit
			NJDEP Stormwater Discharge Permit
			NJDEP Sewer Extension Permit
			Other NJDEP Permits (type and purpose)
			Freehold Soil District
			Middlesex County Planning Board
			Middlesex County Utilities Board
			Monroe Township MUA
			Monroe Township Environmental Commission
			Monroe Township Planning/Zoning Board (circle which one applies)
			Monroe Township Shade Tree Commission
			Monroe Township Cultural and Heritage Commission
			Delaware/Raritan Canal Commission

§ 38-4 Cumulative environmental impact statement.

If it is determined that more than one proposed project or action within a designated area of the Township may result in significant cumulative effects on the overall environment, the Planning Board may require that a cumulative environmental impact statement be prepared. This cumulative EIS, which shall contain all features required by § 38-3, shall be prepared by professionals retained by the Planning Board utilizing a fund to which all project developers within the designated area shall contribute a proportional share based on the taxable value of each proposed project.

§ 38-5 Planning Board preparation of environmental impact statement.

The Planning Board may determine that it is appropriate to prepare an environmental impact statement under its auspices. In that event, the Planning Board shall retain its own professionals to prepare such statement and may charge the appropriate applicant for all costs required therefor.

§ 38-6 Technical information and resources.

A. Monroe Township Environmental Resource Inventory. The applicant shall use the most recent edition of the Monroe Township Environmental Resource Inventory or equivalent as a data source for preparing an environmental impact statement. The Monroe Township Clerk shall supply the Environmental Resources Inventory to the appropriate applicants.

B. To the extent that technical information is provided as part of the traffic circulation, utility and drainage plans of the overall development plan of a planned development application in accordance with the provisions of the Monroe Township Land Development Ordinance, it need not be duplicated but may be referenced as part of the environmental impact statement.

C. The applicant may make use of any studies, information, records or indexes that have been prepared or collected by the Township's Environmental Commission, the New Jersey Department of Environmental Protection and the Middlesex County Department of Planning as well as information regarding any unique or environmentally sensitive features of the development site and the surrounding properties.

D. The applicant must provide a reference list of all engineering, environmental and geotechnical documents pertaining to the proposed project, including but not limited to assessments, evaluations, investigations, plans, reports, or studies, completed or otherwise being prepared.

[Added 4-1-02 by Ord. No. 0-4-2002-011]

§ 38-7 Review of application and environmental impact statement.

A. The environmental impact statement shall be reviewed by the Planning Board, governing body and Environmental Commission, as the case may be, with regard to the aforementioned required elements.

B. No application for development shall be approved unless the Planning Board determines that the applicant has used reasonable and appropriate site planning design alternatives to mitigate the adverse effects to the environment in relation to the items set forth above.

C. If the Planning Board determines that the applicant has not provided for reasonable and appropriate site plan design alternatives to mitigate any adverse impacts that the development may have on the environment in relation to the items set forth above, the applicant shall have the option of submitting more detailed information, clarifying information or changing proposed site plan techniques for environmental protection.

D. In accordance with the provisions of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1 et seq.), the Environmental Commission may submit an advisory report to the Planning Board concerning the proposed environmental impact statement. Such a report may include any recommendations, suggestions or comments pertaining to the impact of the proposed development on the elements of the environment set forth in § 38-3 of this chapter. The Planning Board may take into consideration any advisory report submitted to by the Environmental Commission in its determination of the appropriateness of the site planning alternatives proposed by the applicant to mitigate adverse impacts to the environment, but approval of the environmental impact statement rests solely with the Planning Board. In any event, if the Environmental Commission has failed in submit its comments within 35 days of the applicant's submission of the EIS, the Environmental Commission shall be deemed to have elected to waive its right to comment on the submission.

E. In cases of conflict between state and locally mandated environmental standards, state standards shall apply.

§ 38-8 Environmental resource inventory update upon approval.

When the Planning Board grants preliminary or final site plan or subdivision approval or approves the overall development plan of a planned development, the approved application and map shall be forwarded by the Board to the Monroe Township Environmental Commission for purposes of updating and amending, where appropriate, the Monroe Township Environmental Resource Inventory. Upon completion of its update, the Environmental Commission shall forward any revised environmental resource inventory to the Planning Board for distribution to appropriate applicants.