[Ord. No. 642; readopted
by Ord. No. 2020-1235]
It is the intent and purpose of this Ordinance to provide proper
guidelines and requirements for the Environmental Impact Statement
to be filed with certain applications for land disturbance and development
in the Borough of Manville, to preserve and enhance the quality of
the natural environment, to promote the general health, safety and
welfare, to recognize the existence in the Borough of Manville of
certain critical areas, and to provide a coordinated approach to development
and changes and thereby improve the Borough of Manville and prevent
adverse environmental impact.
The conditions and influences, both natural and man-made,
that affect the general health, safety, and welfare of the Borough
of Manville.
The Environmental Impact Statement is a separate written
description and analysis of all possible direct and indirect effects
development will have on the site itself as well as adjacent and non-contiguous
areas 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.
Any land within a flood hazard area (floodway or flood fringe
area) as delineated by the Department of Environmental Protection,
State of New Jersey, or
Any land which contains slopes exceeding 12% grade, or
Any land where the water table or surface waters cause particular
problems of development, or where development is likely to cause damage
to the ground water system.
No site shall be disturbed by any person, partnership, corporation,
public agency, or entity within the municipality unless Environmental
Impact Statement has been reviewed and the proposed development has
been approved by the Borough Planning Board in accordance with the
specifications and procedures required by this Ordinance. Exemptions
from this ordinance are only as listed below:
a.
Applications for a construction permit in a residential district
for a single-family residence, where the Construction Official, Zoning
Officer, or Borough Engineer has determined that no part of the property
in question falls in a critical area as defined herein, provided that
this exemption shall not apply wherever three or more dwelling units
are proposed to be constructed under common ownership or control on
contiguous lots or on lots within a major subdivision.
b.
Applications for a single use, business or industrial, where the
property is one acre or less and where no part of the property is
in a critical area as defined herein.
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 (i.e., any area that might be affected
by the proposal) which shall describe contours (at intervals not exceeding
five feet), air quality, water quality, water supply, hydrology, geology,
soils, topography, vegetation, wildlife, aquatic organisms, ecology,
demography, land use, aesthetics and history.
c.
A listing of all licenses, permits or other approvals as required
by Municipal, County or State law and the status of each.
d.
An assessment of the probable impact of the project, both adverse
and beneficial, on the topics described in paragraph b.
e.
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 and destruction of significant plant or wildlife systems or
other resources,
6.
Aesthetic values,
7.
Displacement of people and business,
8.
Displacement of viable farms,
9.
Employment and property tax,
10.
Destruction of man-made resources,
11.
Disruption of desirable community and regional growth,
12.
Health, safety and well-being of the public,
13.
Traffic.
f.
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 as described in paragraph
e.
g.
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.
h.
Implications of the proposed action for population distribution or
concentration should be estimated and an assessment made of the effect
of any possible change in population patterns upon the resource base,
including land use, water and public service of the area impacted.
i.
The relationship between local short-term uses of the environmental
and the maintenance and enhancement of long-term productivity, assessing
the project for each generation as a trustee of the environment for
future generations.
j.
A reference list of pertinent published information relating to the
project, project site and surrounding area.
k.
Particular data is required as to:
1.
Sewerage disposal facilities. Applicant must show:
(a)
Estimated sewage to be generated in gallons per day together
with the provision for connection to the public sewer system.
(b)
Compliance with State Department of Environmental Protection
regulations, where applicable.
(c)
Compliance with the rules and regulations of the treatment authority
into which sewerage will flow.
3.
Drainage: storm water control. Applicant must show:
(a)
Estimated existing surface water runoff and volume.
(b)
Compliance with State regulations.
(c)
Compliance with local ordinances relating to drainage and surface
water control.
(d)
Submission of an erosion and sediment control plan reviewed
by the Somerset-Union Soil Conservation District (see Article 4 of
this Ordinance).
4.
Solid Waste Disposal. Applicant must submit a statement of the character
and estimated tons per week of solid waste to be generated together
with a plan for the disposal of solid wastes in compliance with State
Sanitary Code.
5.
Air Pollution. Applicant must show that the proposal will have no
deleterious effects to the ambient air quality or that no visible
smoke or deleterious chemical changes will be produced in the atmosphere
by any heating, air conditioning, or incinerating devices or by processing
of material.
6.
Critical Impact Area. These areas include, but are not limited to:
stream corridors, steams, wetlands, estuaries slopes greater than
12% high acid and highly erodible soils, area of high water table
and aquifer recharge and discharge areas. Applicant must show:
Six copies of the Environmental Impact Statements shall be submitted
at the time of submission of the Preliminary Plat, when a major subdivision
shall be involved, or upon submission of the site plan for site plan
review, where no subdivision shall be involved. Copies of the same
shall be furnished by the Secretary of the Planning Board to the following:
a.
To the Borough Engineer.
b.
To the Borough Environmental Commission.
c.
To the Planning Consultant, if deemed advisable by the Planning Board.
A copy of such Statement shall also be submitted to the Somerset
County Planning Board in any case where the County Planning Board
shall have subdivision or site plan review jurisdiction.
The Borough Engineer and Borough Environmental Commission (and
Borough Planner, where applicable) shall have the authority to seek
from the applicant additional data where required to make a proper
review and recommendation. The respective reports shall be made to
the Planning Board within a reasonable time, recognizing that each
should have at least 30 days for such review. Such reports shall be
made part of the record at any public hearing required in connection
with Planning Board action.
The cost of review by the Borough Engineer and Borough Planner
(where applicable) shall be deemed part of the cost of development
and shall be borne by the applicant and paid to the Borough of Manville
in accordance with fees established therefor by the governing body
on file in the offices of the Borough Clerk. In any case where it
appears that the services of another type of expert consultant shall
be required, the applicant shall be required to bear the cost of such
expert; in any case the applicant shall be notified in advance and
shall deposit with the Borough Clerk the estimated costs for such
consultant and such deposit shall be used for the payment by the Borough
of such consultant.
In addition to the requirements of other applicable ordinances
and conditions which may be imposed thereunder, the Planning Board.
In making determinations relative to environmental impact, may condition
approval upon compliance with recommendations contained in the reports
of the Borough Engineer, Environmental Commission, County Planning
Board, and Somerset-Union Soil Conservation District and may impose
conditions and safeguards reasonably designed to promote the purpose
of this Ordinance. Time limits for completion of work shall be included
in any resolution of approval.
The Planning Board shall have the power to exempt an application,
otherwise subject to this Ordinance, from the requirements of a full
environmental impact statement, provided that following factors are
taken into consideration and the Planning Board determines that a
full impact statement is not required because of the nature of the
specified application:
a.
Stability of the soil during and after the proposed alteration
b.
Drainage patterns and effect on surface water runoff
c.
Effects on springs
d.
Potential effect on animals and significant plant species
e.
Potential air and water pollution, especially any increase in siltation
f.
Effect on any construction plans or other environmental changes on
critical slope areas or sewage disposal systems
g.
Problems related to rock removal
h.
Amount of resulting non-agricultural displacement of soil
i.
Potential noise pollution
j.
Increase in amount of industrial waste
k.
Increase problems of industrial or non-industrial waste disposal
(subject to review of such problems by the Board of Health)
l.
Circumstances or conditions that are peculiar to site or to the application
under consideration, that are not generally applicable to site 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.
Whenever the term "Planning Board" is used in this Article,
the same shall be taken to include the term "Board of Adjustment"
wherever the Board of Adjustment is acting as the Approving Authority
under the Land Development Ordinance.
