[Added 3-12-1996 by Ord. No. 96-1020]
These regulations are deemed necessary to provide
proper guidelines and requirements for the filing of an environmental
impact statement with an application for site plan approval by the
Borough of Montvale Planning Board.
As used in this chapter, the following terms
shall have the meanings indicated:
Any activity involving the clearing, excavating, storing,
grading, filling or transporting soil on any plot, parcel or tract
of land.
A description and analysis of all possible direct and indirect
effects that development will have on the site itself, as well as
adjacent and noncontiguous areas within a 500-foot radius of the site,
with particular reference to the effect of the project on the public
safety, health and welfare, the protection of public and private property
and the protection, preservation and enhancement of the natural environment.
Any plot, parcel or tract of land.
No site shall be disturbed by any person, partnership,
corporation, public agency or entity within this municipality unless
the environmental impact statement has been reviewed and approved
by the Borough of Montvale Planning Board in accordance with the specifications
and procedures required by this chapter and a permit issued by the
Montvale Planning Board.
In order to ensure that the environmental impact
statement is competently prepared, the environmental impact statement
shall be prepared by a consultant or consultants, firm, agency, individual
or persons selected and paid for by the applicant from a list of consultants,
firms, agencies, individuals or persons prepared by the Borough of
Montvale Planning Board and made available to the applicant. If the
applicant chooses a consultant or consultants, firm, agency, individual
or persons not contained on the Planning Board list, the applicant
must provide written information to the Planning Board at the time
the environmental impact statement is submitted as to the qualifications
and experience of such consultant or consultants, firm, agency, individual
or persons selected by the applicant.
The environmental impact statement shall contain
information and analysis with respect to the following:
A.
The location
of the project and a description of the project, specifying what is
to be carried out, including:
B.
An inventory
of existing environmental conditions at the project site and in the
surrounding region, which shall describe contours, air quality, water
quality, water supply, hydrology, geology, soils, topography, vegetation,
wildlife, aquatic organisms, ecology, demography, land use, aesthetics
and history.
C.
A cultural resource
survey that includes a thorough literature search for prehistoric
and historic development of the site and adjoining lands, a review
of any pertinent information on the area from the State Historic Preservation
Officer, a field inspection of the site to determine if any artifacts
are visible from diligent searching and if the site has the potential
for the presence of cultural resources and recommendations, if any,
for further field testing or verification. Should this review provide
any indication of the presence of cultural resources, a further survey
shall be conducted which includes field and subsurface testing to
determine the presence or absence of cultural resources, an assessment
of the impact of the proposed development of any such resources and
the identification of resources that need further protection from
encroachment.
D.
A listing of
all licenses, permits or other approvals as required by municipal,
county or state law and the status of each.
E.
An assessment of the probable impact of the project, both adverse and beneficial, on the topics described in Subsection B.
F.
Any probable
adverse environmental effects which cannot be avoided, including:
(1)
Water quality.
(2)
Air quality.
(3)
Noise.
(4)
Undesirable
land use patterns.
(5)
Damage or
destruction of significant plant or wildlife systems.
(6)
Aesthetic
values.
(7)
Destruction
of natural resources.
(8)
Displacement
of people and businesses.
(9)
Displacement
of viable farms.
(10)
Employment
and property tax.
(11)
Destruction
of man-made resources.
(12)
Disruption
of desirable community and regional growth.
(13)
Health,
safety and well-being of the public.
(14)
Traffic.
(15)
Destruction
of cultural resources identified by the cultural resources survey.
(16)
Damage
or destruction of ecosystems.
G.
A thorough discussion of the steps to be taken, during and after construction, both at the project site and in the surrounding area, to minimize the adverse environmental effects on any of the parameters described in Subsection F.
H.
Alternatives
to the proposed project, including:
(1)
That of
no project.
(2)
Description
of alternatives with an objective evaluation of the alternatives that
might avoid some or all of the adverse environmental effects, with
the rationale for acceptability or nonacceptability of each alternative.
(3)
An analysis
of the costs and social impact of the alternatives.
I.
Estimated implications
of the proposed action for population distribution or concentration
and assessment of the effect of any possible change in population
patterns upon the resource base, including land use, water and public
services of the area impacted.
J.
The relationship
between local short-term uses of the environment and the maintenance
and enhancement of long-term projectivity, assessing the project for
cumulative long-term effect from the perspective that each generation
is a trustee of the environment for future generations.
K.
A reference
list for pertinent published information relating to the project,
project site and surrounding region.
L.
Particular data
as to:
(1)
Sewage facilities.
(a)
The applicant
must show compliance with state and local health regulations.
(b)
If disposal
is on site, the applicant is to include a soil analysis, percolation
tests for every one acre, the location of aquifers, the depth and
capacity of all wells within 150 feet of the site and any other pertinent
data.
(c)
If disposal
is off site, the applicant is to include data on plant design capacity,
capacity of the plant to treat industrial or commercial wastes, when
applicable, and any other pertinent data.
(d)
The applicant
must show flows expected from any approved site plan which are dependent
upon the same facilities in question.
(2)
Water supply.
The applicant must show:
(3)
Drainage.
The applicant must show:
(a)
The volume
of stormwater runoff now existing from the site and the volume to
be generated by new improvements.
(b)
Any increase
in rate or velocity of runoff and change in drainage patterns.
(c)
Plans
for disposition of stormwater, whether by retention on site or means
of channeling, so as to protect downstream property.
(d)
Floodplains
description of potential flood conditions or damages, including a
summary of flood stages from state and federal sources.
(e)
Submission
of an erosion and sedimentation control plan reviewed by the Soil
Conservation District.
(4)
Solid waste
disposal. The applicant must submit a plan for disposal in compliance
with the State Sanitary Code.
(5)
Air pollution.
The applicant must show that no visible smoke or deleterious chemical
changes will be produced in the atmosphere by any heating or incinerating
devices or by the processing of material.
(6)
Critical
impact areas. These areas include but are not limited to stream corridors,
streams, wetlands, slopes in excess of 12% in grade over a horizontal
distance of 50 feet, highly acidic or highly erodible soil, areas
with a high-water table within three feet of the surface, aquifer
recharge or discharge areas and cultural resources. The applicant
must show:
Upon submission of the environmental impact
statement to the Secretary of the Planning Board, distribution to
the various officials and with three copies available in the Municipal
Engineer's office (or other designated place) for any person to review,
the following reviews and inspections will be conducted within 45
days:
A.
The Municipal
Environmental Administrator (or other designated official) will, within
five days of receipt of the applicant's environmental impact statement,
make a field inspection to verify the environmental conditions and
make a report to the Planning Board with a copy to the Environmental
Commission.
B.
The Township
Engineer will, within 10 days of receipt of the applicant's environmental
impact statement, review all maps and documents and make a site inspection
and then follow with a report to the Planning Board and a copy to
the Environmental Commission.
C.
The Borough
of Montvale Environmental Commission will, within 10 days of receipt
of the Environmental Administrator's and Engineer's reports, present
its review and recommendation to the Planning Board for final determination.
D.
The Borough
of Montvale Planning Board shall analyze and review the applicant's
environmental impact statement, along with the reviews from the Environmental
Administrator, Engineer, Environmental Commission and any other interested
party, within 20 days of the Commission's report and give written
notice of approval or rejection to the applicant indicating the reasons
therefor.
Upon review of the Environmental Administrator,
Engineer and other such officials and final approval by the Planning
Board that all requirements of this chapter have been complied with
and upon payment of all fees to be paid hereunder, the Planning Board
shall issue a permit to the applicant, with or without conditions,
and each permit shall contain a reasonable time limit for all work
to be done. The permit will be by resolution. Work must commence within
one year. The time of the permit's expiration will be determined by
the Planning Board in its resolution.
If the environmental impact statement is rejected
by the Planning Board, the decision may be appealed to the Borough
Council by filing a written notice with the Borough Clerk within 10
days after receiving notice of rejection. The Borough Council shall
hold a hearing on the matter within 30 days after the notice of appeal
has been filed and may modify, affirm or reverse the Planning Board's
decision. If new information is introduced during the appeal, the
Borough Council shall remand the matter to the Planning Board.
The applicant shall pay the Borough of Montvale
a fee at the time the environmental impact statement is submitted,
to cover the cost of providing reviews and inspections required by
this chapter. The fee will be based upon the following formula:
Exemptions of any activity or project from an
environmental impact statement shall be based upon consideration of
the following by the Planning Board:
A.
The stability
of the soil during and after the proposed alteration.
B.
The drainage
patterns and effect on surface water runoff.
C.
The effect on
springs.
D.
The potential
effect on animals and significant plant species.
E.
Potential air
and water pollution, especially any potential increase in siltation.
F.
The effect of
any construction plans or other environmental changes on critical
slope areas or sewage disposal system.
G.
Problems related
to rock removal.
H.
The amount of
resulting nonagricultural displacement of soil.
I.
Potential noise
pollution.
J.
Increase in
the amount of industrial waste.
K.
Increased problems
of industrial or nonindustrial waste disposal (subject to review of
such problems of the Board of Health).
L.
Circumstances
or conditions that are peculiar to the site or to the application
under consideration that are not generally applicable to sites or
applications in the same general locality and that would result in
imposition of an undue burden on the applicant if an environmental
impact statement were required.
