[Ord. No. 801 § 1; Ord. No. 2013-02 § 28-1]
This chapter shall be known, and may be cited as the "Environmental
Assessment Regulations of the Borough of Haworth."
[Ord. No. 801 § 2; Ord. No. 2013-02 § 28-2]
[see Article
26-300 Definitions and Descriptions; Section
26-301 DEFINITIONS AND WORD USAGE]
[Ord. No. 801 § 3; Ord. No. 28-2 § 3; Ord. No. 2013-02 § 28-3]
The purpose of this chapter is to (a) minimize adverse impacts
on the environment; (b) permit the Construction Official and/or the
Approving Agency to assess the effect of proposed development and/or
site disturbances upon the environment, and (c) explore reasonable
mitigation measures and/or development alternatives that might have
the effect of lessening adverse impacts. Particular emphasis is made
upon assessing the effect of the proposed development upon surface
waters, groundwater, air resources, pollution of all kinds, drainage,
water disposal, wetlands, flood plains, and critical environmental
areas.
[Ord. No. 801 § 4; Ord. No. 2013-02 § 28-4]
a. Non-Applicability. Applications for a building permit to do interior
work only, not necessitating a variance or site plan approval, shall
not require the completion of an Environmental Checklist or an Initial
Environmental Assessment Report.
b. Environmental Checklist. The Environmental Checklist Schedule II shall be completed by the Construction Official as part of his review of every application to construct or enlarge any structure, or to cause any site disturbance, for which neither subdivision approval, site plan approval, nor variance approval is required under Chapter
26, Land Use Regulations. The Environmental Checklist shall be designed to determine whether or not the following environmental features are affected by the proposed development: wetlands, flood plains, stream encroachment areas, steep slopes, surface waters, hydric soils, and NJDEP designated C-1 anti-degradation areas.
c. Initial Environmental Assessment Report (Schedule I).All development applications to the Haworth Planning Board
or Haworth Zoning Board of Adjustment shall include a completed Initial
Environmental Assessment Report, designed to determine the effect
upon the environment of the proposed development.
[Ord. No. 801 § 5; Ord. No. 2013-02 § 28-5]
a. With respect to applications to construct or enlarge any structure,
or to cause any site disturbance, for which neither subdivision approval,
site plan approval, nor variance approval is required under the Haworth
Land Use Ordinance, no building permit shall be issued until the Haworth
Construction Official shall have completed an Environmental Checklist.
b. In the event the Haworth Construction Official shall determine that
none of the environmental conditions identified on the Environmental
Checklist are affected or potentially affected by the proposed development
or disturbance, the building permit shall be issued provided all other
conditions for issuance of a building permit have been satisfied.
c. In the event that the Haworth Construction Official shall determine
that one or more of the environmental conditions identified in the
Environmental Checklist is affected or potentially affected by the
proposed development, the Haworth Construction Official shall deny
the application for a building permit, advising the applicant in writing
of the need to secure any required approval or waiver for the proposed
development. No building permit shall thereafter be issued with respect
to the proposed development until the applicant shall provide such
approval or waiver.
d. In making the determination as to whether or not the environmental
conditions identified on the Environmental Checklist are affected
or potentially affected by the proposed development, the Construction
Official shall refer to the maps included in the Haworth Master Plan
of 1991, and as may hereafter be amended from time to time, the Periodic
Reexaminations of 1997, 2003, 2009 and beyond, the Environmental Resource
Inventory of 1991 and 1992 and any subsequent amendments, and the
Land Use and Conservation Plan Elements of 2006. If the Construction
Official deems it necessary, he shall conduct a site inspection.
[Ord. No. 801 § 6; Ord. No. 2013-02 § 28-6]
a. The purposes of the Initial Environmental Assessment Report are to
require that applicants provide full disclosure of potential adverse
impacts that might be generated by their proposed developments, and
that they identify reasonable alternatives that might serve to lessen
any of those anticipated adverse impacts.
b. The Approving Agency may, at the request of the applicant, waive, in whole or in part, the requirement of submission of an Initial Environmental Assessment Report provided the Board determines that the waiver will not impair the public health, safety or general welfare, and is not inconsistent with the purposes of zoning set forth in Section
26-201 of Chapter
26 Land Use Regulations, and/or in the Haworth Master Plan.
c. In the event that a professional consultant is deemed necessary by
the Approving Agency to review the Initial Environmental Assessment
Report, the Approving Agency may, in its discretion, hire a consultant,
the cost of which shall be paid by the applicant in advance.
d. In the event the Approving Agency finds that the information provided
by the applicant in the Initial Environmental Assessment Report is
insufficient for the Approving Agency to evaluate the potential environmental
impacts of a project, the Approving Agency may require the applicant
to have a qualified professional (i.e. engineer, planner, landscape
architect, and/or environmental consultant) complete a new signed
Initial Environmental Assessment Report.
e. In the event the Approving Agency finds that the information provided
by the applicant in the professionally completed Initial Environmental
Assessment Report is insufficient for the Approving Agency to evaluate
the potential environmental impacts of a project, the Approving Agency
may require the applicant to prepare and submit a professionally signed
Environmental Impact Statement (EIS) by a qualified professional (i.e.
engineer, planner, landscape architect, and/or environmental consultant).
f. In the event an EIS is required, it shall follow the format prescribed in Section
28-10 of this chapter.
[Ord. No. 801 § 7; Ord. No. 2013-02 § 28-7]
This chapter will amend Chapter
26, the Haworth Land Use Regulations, Ord. No. 779, and will require that the Initial Environmental Assessment Report be included in the checklist of items that must be submitted with each application to the Approving Agency, except as herein provided.
[Ord. No. 801 § 8; Ord. No. 2013-02 § 28-8]
All ordinances or parts of ordinances inconsistent with or in
conflict with this chapter are hereby repealed as to the inconsistencies
or conflict.
[Ord. No. 801; Ord. No. 2013-02 § 28-9]
If any section, part of any section, or clause or phrase of
this chapter is for any reason held to be unconstitutional or invalid,
such decision shall not affect the remaining provisions of this chapter.