[Ord. No. 2004-#13 § 1]
The purpose of this chapter is to provide the Planning Board
or Board of Adjustment with sufficient information to assess the impact
of a proposed development or rezoning request on the environment and
the community and to provide a sound basis for requiring reasonable
project modifications that mitigate adverse environmental impacts.
[Ord. No. 2004-#13 § 1]
Shall mean any water-saturated zone in sediment or rock stratum
which is significantly permeable so that it may yield sufficient quantities
of water from wells or springs in order to serve as a practical source
of water supply.
Shall mean an area with high permeability that recharges
the underlying aquifer.
Shall mean an area where discharges from the underlying aquifer
or shallow groundwater occur including, but not limited to, seep areas
and perennial streams.
Shall mean the 100-year flood as defined by the Federal Emergency
Management Agency, Flood Insurance Administration.
Shall mean the well defined bed and banks of a watercourse
which confine and conduct flowing water continuously or intermittently.
Shall mean stream corridors, stream buffers, wetlands, wetland
transition areas, slopes greater than 15%, highly erodible soils,
areas of high water table, and mature stands of native vegetation.
Shall mean slopes equal to or greater than 15%.
Shall mean watercourse for which the NJDEP has prepared flood
profiles and mapping based on flood plain studies, commonly called
"State-Adopted Flood Studies," that utilize a regulatory flood flow
equal to the 100-year flood flow plus 25% to allow for future development
in the drainage basin.
Shall mean the quantity of groundwater that could be continuously
available for consumptive use throughout a repetition of the most
severe drought of record, without causing harmful, regional impacts.
This quantity of groundwater is estimated to be 20% of the natural
aquifer recharge. The safe yield from groundwater.
Shall mean a linear topographic depression with bed and banks
of human construction, which conveys water to or from a site, which
is surrounded by uplands and which is not located in a wetland. This
does not include channelized or redirected natural watercourses.
Shall mean the lands required for the installation of stormwater
conveyance facilities such as stormwater sewers, drainage ditches,
and swales, or required along a natural stream or watercourse for
preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
Shall mean a pathway, either natural or man-made, that conveys
stormwater runoff from one location to another.
Shall mean a line, described by metes and bounds, which defines
the boundary between the floodway and flood fringe area in a nondelineated
flood plain.
Shall mean a written report, including appropriate maps,
drawings, plans, illustrations, photographs, and other exhibits, identifying
and describing the proposed development and the environmental, ecological,
social and economic conditions which may be changed, and the extent
to which they may be changed, by a proposed development or rezoning
request.
Shall mean that portion of the flood plain outside of the
floodway or encroachment lines.
Shall mean the flood used by the NJDEP in State-Adopted Flood
Studies. It is the flood resulting from a flood flow that is 25% greater
than the 100-year flood flow.
Shall mean those portions of the Borough of Ringwood comprised
of those areas that are: (i) designated as A, A1, A2, A3, A4, A5,
A6, and A9 on the official Flood Insurance Rate Maps (FIRM) for the
Borough of Ringwood, Passaic County, New Jersey, most recently issued
and approved by the Federal Insurance Administration (FIA), as the
same may, from time to time be amended by the FIA in accordance with
the procedure provided by law; and/or (ii) areas inundated by the
flood hazard area design flood as determined by the New Jersey Department
of Environmental Protection (NJDEP); and/or (iii) areas inundated
by the regulatory flood as defined by the NJDEP.
Shall mean a general and temporary condition of partial or
complete inundation of normally dry land areas from the overflow of
lakes, brooks, streams, rivers or other inland watercourses.
Shall mean the channel of a river or other watercourse and
adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation
more than 0.2 of one foot at any point.
Shall mean an area where the predominant vegetation is trees
with an average height greater than 20 feet.
Shall mean an area that is inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation; provided, however, that
the NJDEP, in designating a wetland, shall use the three-parameter
approach (that is, hydrology, soils and vegetation) enumerated in
The Federal Manual for Identifying and Delineating Jurisdictional
Wetlands (1989), and any subsequent amendments thereto.
Shall mean an area of upland adjacent to a freshwater wetland
which minimizes adverse impacts on the wetland or serves as an integral
component of the wetlands ecosystem.
Shall mean soils belonging to the Natural Resource Conservation
Service's (formerly the USDA/SCS) hydrologic soil class "A."
Shall mean a seasonal high water table if between zero and
four feet below existing grade according to the soil survey for Passaic
County.
Shall mean soils described in the soil survey for Passaic
County as subject to severe hazard of erosion.
Shall mean a surface water drainage channel with definite
bed and banks in which there is not a permanent flow of water. Most
intermittent streams are shown on Soil Conservation Service County
soil surveys.
Shall mean New Jersey Department of Environmental Protection.
Shall mean a watercourse that is not a "delineated stream."
Shall mean any watercourse mapped as perennial on either
the 7.5 minute series topographic maps published by the US Geological
Survey or the detailed map sheets in the County soil surveys published
by the US Department of Agriculture, Soil Conservation Service (now
known as the Natural Resources Conservation Service).
Shall mean the NJDEP's "regulatory flood," which is
the 100-year flood along nondelineated watercourses or the flood hazard
area design flood along delineated watercourses.
Shall mean the quantity of surface water that would be continuously
available for consumptive use throughout a repetition of the most
severe drought of record, after compliance with requirements of maintaining
minimum passing flows in streams and assuming no significant changes
in upstream or upbasin depletive withdrawals and/or the dependable
yield of subsurface sources of water (groundwater) throughout the
most severe drought of record, without causing harmful regional impacts.
Shall mean a location on the land's surface where water
oozes from the earth, such as a spring.
Shall mean any natural body of water flowing continuously
or intermittently, whether designated as a stream, brook, river or
otherwise and consisting of a bed, banks, and water, but not including
lakes.
Shall mean an area along and adjacent to a stream or watercourse,
including all freshwater wetlands, freshwater wetland transition areas,
areas inundated by the 100-year flood, Federal Emergency Management
Agency's (FEMA's) base flood or the NJDEP's regulatory
flood, areas 25 feet back from the banks of all streams and watercourses,
areas 50 feet back from the banks of streams and watercourses that
are trout production streams, trout maintenance streams, or streams
that are part of the habitat supporting threatened or endangered species,
300 feet back from the banks of Category One streams and all areas
exhibiting steep slopes within or immediately adjacent to the aforementioned
stream buffer area components.
Shall mean a steam or watercourse and its immediate environs
included associated stream buffers.
Shall mean a linear topographic depression, either naturally
occurring or of human construction, a drainage area less than 50 acres,
with no definite bed and banks, no wetlands, intermittent streams,
seeps or springs, and is generally no wider than 50 feet.
Shall mean those species or animals listed pursuant to "The
Endangered and Non-game Species Conservation Act," N.J.S.A. 23:2A-1
et seq., identified in N.J.A.C. 7:25-4.13, and 7:25-4.17, and those
species of plants identified in the Endangered Plant Species List,
N.J.A.C. 7:5C-5.1.
Shall mean freshwater wetland transition area.
Shall mean any woody perennial plant having a diameter of
at least eight inches when measured 4 1/2 feet above the ground.
Shall mean the water surface in the uppermost part of the
water saturated zone which is at atmospheric pressure, including perched
water tables.
Shall mean rivers, streams, brooks, waterways, lakes and
all other bodies of water, whether public or private, excluding piped
drainage systems, which are contained within, flow through or border
on the Borough of Ringwood and which receive or conduct surface water
runoff.
[Ord. No. 2004-#13 § 1]
No determination of completeness will be approved for any subdivision
or site plan application and no rezoning request or variance under
N.J.S.A. 40:55D-70(d) shall be considered until 14 copies of an Environmental
Impact Statement have been submitted; provided however that, in no
event, shall an Environmental Impact Statement be required in connection
with the construction, reconstruction, alteration or improvement for
residential purposes of a single-family dwelling. The elements to
be required in such Environmental Impact Statement are marked with
an "X" in the following Table:
|
EIS Element
|
Minor Residential Subdivision
|
Major Subdivision of up to 10 Residential Units
|
Any other Major Subdivision
|
Applications Requiring a Variance under N.J.S.A. 40:55D-70(d)
or a Site Plan Approval
|
|---|---|---|---|---|
|
Plan and Description of Project
|
X
|
X
|
X
|
X
|
|
Critical Areas
|
X
|
X
|
X
|
X
|
|
Unavoidable Adverse Impacts
|
X
|
X
|
X
|
X
|
|
Surface Drainage
|
X
|
X
|
X
|
X
|
|
Wastewater Management
|
X
|
X
|
X
|
X
|
|
Environmental Inventory
|
X
|
X
|
X
| |
|
Environmental Protection Measures
|
X
|
X
|
X
| |
|
Water Supply
|
X
|
X
| ||
|
Solid Waste Disposal
|
X
|
X
| ||
|
Air Quality
|
X
|
X
| ||
|
Traffic Impact
|
X
| |||
|
Noise
|
X
|
X
| ||
|
Aesthetics
|
X
|
X
|
X
| |
|
Artificial Light
|
X
|
X
|
Applicant, through the EIS, shall: (1) identify and describe
each of the elements required under this chapter for the proposed
development; (2) assess the environmental impact of project based
on the required elements and any other environmentally significant
element known by applicant to be present on the site; and (3) state
procedures and techniques proposed, both during and after construction,
to mitigate possible adverse environmental impacts of the proposed
development. Unavoidable environmental impacts must be identified.
Each EIS shall include a map or maps, at a scale of one inch
equals 100 feet or greater detail, showing: critical areas, streams,
stream banks, springs, stream side vegetation, floodways and flood
hazard areas. Additional mapping requirements apply for larger projects
as detailed below. Details of data submissions, sufficient to satisfy
each required element, are given below and in Appendix B. Details
of required assessment criteria are given in Appendix C.[1]
The EIS shall include a concise summary of the environmental
impact assessment for the project evaluating the adverse and positive
environmental effect of the proposed project and the public benefit,
if any, expected from the proposed project. To the extent the information
of any required element is presented elsewhere in an application it
shall be sufficient to make reference to the location of such information
in the application.
[1]
Editor's Note: The Appendixes referred to herein is included as an attachment to this chapter.
[Ord. No. 2004-#13 § 1]
A project description shall be provided, complete with site
plans and/or subdivision 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
current land use of the project site and properties within 500 feet
of the site. A suggested format for the Plan and Description of Project
is given in Appendix A.[1]
[1]
Editor's Note: The Appendix referred to herein is included as an attachment to this chapter.
[Ord. No. 2004-#13 § 1]
a.
General. All critical areas of the subject property shall be identified.
One or more existing conditions map(s) shall be provided, at scale
one inch equals 100 feet or greater detail, depicting the critical
areas. Additionally, the critical areas shall be described in sufficient
detail to provide a complete and accurate record of the location,
size, condition and other relevant parameters of the critical areas.
Details of data submissions, sufficient to satisfy the description
of certain required element, are given in Appendix B.[1]
[1]
Editor's Note: The Appendix referred to herein is included as an attachment to this chapter.
b.
Stream Corridors. A description of any streams and immediate environs, steep banks, springs, wetlands, wetlands transition areas, stream buffers and stream side vegetation located on the property shall be provided and delineated on a map. Floodway and flood hazard areas as reflected on flood hazard area delineation maps on file with the township shall be identified. Evidence shall be provided of compliance with Chapter 27.
[Ord. No. 2004-#13 § 1]
The EIS 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 shall
be distinguished from irreversible impacts. Any impacts on critical
areas shall specify the critical area impacted and the extent of similar
areas that will remain unaffected by the development.
[Ord. No. 2004-#13 § 1]
Provide a description of all surface water bodies, streams, watercourses, drainageways, swales and drainage ditches. A discussion of the surface water management plan to be submitted in accordance with Chapter 27 shall be provided.
[Ord. No. 2004-#13 § 1]
An estimate of the expected quantity and type of wastewater
expected from the proposed development shall be provided.
A discussion of how the project's wastewater would be disposed
of, and identify each local and/or State approval that must be obtained.
If disposal is planned as a septic system or otherwise discharged
to ground, then the relationship of the proposed discharge to: topography,
soils and underlying geology, including water table, aquifer recharge
areas and all wells within 500 feet of the disposal area shall be
provided. Results of at least one percolation (or permeability test)
and soil log per lot shall be provided.
If disposal is to an existing private facility or to an existing
public facility, then the identity of the owner, location of the facility
and location of the existing collection point where the facility will
be accessed must be provided. Documentary evidence that the expected
flows can be treated adequately by the private or pubic facility must
be provided. A statement as to compliance of the proposed wastewater
facility with all applicable State and Borough health regulations
must be provided.
For all major subdivisions or projects requiring site plan approval,
if disposal of the project's wastewater is to be on-site via
individual wastewater treatment and disposal facilities (i.e., septic
systems), a groundwater carrying capacity analysis must be performed
to determine the maximum number of homes or gallons of effluent that
can be accommodated on site without violating the State and Federal
nitrate limits for groundwater or the NJDEP policy regarding anti-degradation
of surface water.
[Ord. No. 2004-#13 § 1]
All relevant items listed below in subsection 27-4.6, that are
present on the subject property, shall be identified. One or more
existing conditions map(s) shall be provided, at scale one inch equals
100 feet or greater detail, depicting the relevant items present.
Additionally, the relevant items shall be described in sufficient
detail to provide a complete and accurate record of the location,
size, condition and other relevant parameters thereof. Details of
data submissions, sufficient to satisfy the description of certain
relevant items, are given in Appendix B.[1]
The environmental inventory shall identify and describe the
following relevant items:
a.
Geology and Groundwater Description. A description of the underlying
geology of the site, depths to bedrock, location of rock outcroppings,
depths to seasonal high water table, and seep areas is required. Identify,
map and describe aquifer recharge and discharge areas, including:
seep areas, perennial streams, areas of high permeability and low
runoff potential. On-site borings are required at the locations of
every proposed detention basin, septic disposal area, and in areas
where cuts of five feet or greater are proposed.
b.
Detailed Vegetation and Wildlife Habitat Mapping. An existing conditions
map or maps, at scale one inch equals 100 feet or greater detail,
depicting the site's existing vegetative communities, forest
communities by type and age class, as delineated on N.J. Department
of Environmental Protection Landscape Project maps shall be provided.
The map shall also indicate isolated trees with diameter greater than
eight inches at 4.5 feet above the ground. For each vegetative community
mapped, a wildlife inventory shall be provided documenting observed,
documented or likely wildlife, including threatened and endangered
species.
c.
Soils. A description of soil types present based on USDA/SCS Soil
Conservation Survey Maps and/or on-site borings is required. The suitability
of the site's soils for various uses as described in the USDA/SCS
soil survey, that would be relevant to the proposed development, including
the site's suitability for use as fill material, shall be described.
d.
Surface Water Quality. A description of the site's existing
surface water quality based on sampling data including: dissolved
oxygen (DO), pH and nitrates is required.
e.
Pre-existing Walking Trails. An inventory of the existing trails
identified either by NY/NJ Trail Conference or the Ringwood Master
Plan (i.e., Land Use Plan Map, dated February 25, 1991) is required.
f.
Archeological and Historical Features. An inventory of archeological
and historical features found on-site based on a review of N.J. State
Museum records and the Natural Resources Inventory (NRI) of the Borough
of Ringwood Master Plan shall be provided, and if warranted, an on-site
investigation, shall be performed.
[1]
Editor's Note: The Appendix referred to herein is included as an attachment to this chapter.
[Ord. No. 2004-#13 § 1]
The EIS shall contain a listing and description of all environmental
protective measures which will avoid or minimize adverse effects on
the natural and man-made environment of the site and region both during
the construction phase of the project and after construction of the
project is complete. The protective measures shall specifically identify
likely construction sequence with particular emphasis on tree removal,
disturbance of lands in excess of 15% slope, preservation of wetlands
and on-site sewage disposal.
[Ord. No. 2004-#13 § 1]
Evidence that the water supply is potable is required.
If the project's water supply is to be provided from the
site, the safe yield of the site's aquifer and proof that the
total consumption of groundwater does not exceed the available safe
yield, as determined by a relevant professional, must be provided.
If the project's water supply is to be provided from an
existing private or public facility, the facility owner, location,
and location of the distribution point to which the proposed project
would be connected is required. Documentation must be provided that
the facility has the available excess capacity in terms of its allowable
diversion and equipment to supply the project and that the owner of
the facility is willing to provide the project's water supply.
If the project's water supply is to be provided by a combination
of on and off-site sources, the safe yield of the site's aquifer
and proof that the total consumption of groundwater on-site will not
exceed the available safe yield, as determined by a relevant professional,
must be provided.
If the proposed project includes 50 or more dwelling units,
certification from NJDEP that the proposed water supply and sewerage
facilities are adequate is required as a condition of approval.
If the proposed project would require more than 100,000 gallons
per day, a copy of a diversion permit issued by NJDEP is required
as a condition of approval.
[Ord. No. 2004-#13 § 1]
The volume of solid wastes, by type, including excess earth
expected to be generated from the proposed project during construction
and operation and a description for plans for collection, storage,
transportation and disposal of the materials is required as a condition
of approval. Applicant must identify the location, type, and owner
of the facilities which will receive such solid wastes. If the facility
is a landfill, proof must be submitted that it is registered with
the NJDEP and is operated in compliance with the New Jersey Sanitary
Code.
[Ord. No. 2004-#13 § 1]
Each source of air pollution is to be identified and its location
and impact assessed, including stationary sources and automobiles
attracted by the facility during and after construction. Evidence
of compliance with any applicable State and Federal regulations of
air pollutants must be provided as a condition of approval. If a State
or Federal emission permit is required, a copy of all resource data
required to be submitted with an application for such permit shall
be provided.
[Ord. No. 2004-#13 § 1]
For purposes of determining whether off-tract improvements are
caused or necessitated by development, a traffic volume and capacity
analysis shall be provided.
[Ord. No. 2004-#13 § 1]
A statement of anticipated effects on noise and vibration levels,
including the magnitude and characteristics of such levels related
to pre- and post-construction on-site activities shall be provided.
Background levels of noise throughout the anticipated affected area
must be determined. Any applicant for industrial and commercial enterprises
must establish 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.).
[Ord. No. 2004-#13 § 1]
A statement as to the present character of the area, including
natural feature such as ridge lines and vistas shall be provided,
including a statement as to how such will be changed as a result of
the proposed project is required. Photographs representative of the
present character shall be provided.
[Ord. No. 2004-#13 § 1]
A statement of anticipated effects on light conditions, including
magnitude and characteristics of such light characteristics related
to on-site activities must be provided. Specific reference must be
made to the creation, if any, of sky glow.
[Ord. No. 2004-#13 § 1]
In reviewing the EIS, the Planning Board or Board of Adjustment
shall take into consideration the effect of the proposed project upon
all aspects of the environment, including but not limited to: water
quantity, water quality, preservation of trees and vegetation, protection
of aquifers and watercourses, protection of air resources, protection
of public lands and their uses, protection of ecosystems and the avoidance
of any nuisance factors.
The Planning Board or Board of Adjustment shall deny a determination
of completeness if the EIS is incomplete unless a waiver is granted.
The Planning Board or Board of Adjustment shall consider the
information furnished in the EIS in reviewing: an application for
development, a rezoning application or a variance. The information
shall be used to help insure that the proposed project will not cause
any reasonably avoidable damage to any environmental resource, either
natural or man-made.
The Planning Board or Board of Adjustment may require changes
in the site plan and/or require conditions be met prior to site plan
approval, if it can reasonably be determined that the proposed project:
(1) will result in appreciable harm to the environment or to the public
health and safety; (2) has not been designed with a view toward the
protection of environmental resources; or (3) will place any excessive
demand upon the total resources available for such project.
[Ord. No. 2004-#13 § 1]
The Planning Board or Board of Adjustment deciding the application
may waive the requirement for an EIS, in whole or in part, upon receipt
of a written request, if sufficient evidence is submitted to support
a conclusion that the proposed project will have a de minimis environmental
impact or that a complete EIS need not be prepared in order to adequately
evaluate the environmental impact of the proposed project.
