A.
The purpose of this article is to provide for environmental
safeguards by requiring the submission of an environmental impact
statement prior to issuance of soil movement and road opening permits,
tree removal permits and prior to site plan approval or preliminary
approval of a major subdivision.
B.
An environmental impact statement is required to permit
the Boonton Township Planning Board and the Board of Adjustment to
assess the impact of the proposed project upon the environment, especially
with respect to water and air resources, pollution of all kinds, drainage,
waste disposal, the landscape or any other pertinent environmental
factors.
The provisions and requirements of this article
shall be held paramount to any corresponding or similar, but less
restrictive, provisions and requirements of any existing law, ordinance,
rule, regulation, deed or private covenant affecting lands and premises
in the Township of Boonton.
An environmental impact statement is hereby
required for all preliminary major subdivisions and for preliminary
site plans, soil removal permits and tree removal permits. A single
environmental impact statement shall satisfy the requirements of this
chapter if more than one of the above types of applications is involved,
so long as the subject matter of each type of application is covered
by the single environmental impact statement.
This article covers the most complex cases,
and the entire contents may not be applicable to less complex projects.
An applicant seeking a waiver or exception from the requirements for
an environmental impact statement or from any part thereof shall request
such waiver or exception when filing an application for development.
Said request shall be considered and acted upon as part of the Board's
procedure for determining completeness of an application.
The environmental impact statement shall include
the following:
A.
Items listed in the applicable checklist for determining
completeness of our application for development.
B.
Plan and description of development. A project description,
complete with maps and drawings, which shall specify what is to be
done and how it is to be done during construction and operation shall
be provided. The description shall include, but not be limited to,
contours, buildings, roads, paved areas, grading and regrading, adjacent
natural streams, stream encroachment boundaries, the project's relation
to surrounding property and utility lines and buffer zones for noise
and light control.
C.
Inventory of existing environmental conditions. An
inventory of existing environmental conditions at the project site
and in the affected region shall be provided which shall describe
sewer facilities, water supply, water quality, freshwater wetlands,
hydrology air quality, surface and air traffic noise and light characteristics
and levels, project noise, light, demography, critical areas, geology,
topography, slope, soils and properties thereof, including capabilities
and limitations, vegetation, wildlife, wildlife habitat, aquatic organisms,
land use, aesthetics, historical sites and archeological features.
Air and water quality shall be described with reference to standards
promulgated by the Department of Environmental Protection of the State
of New Jersey, as amended, and soils shall be described with reference
to the Morris County Soil Conservation District Standards and Specifications,
as amended.
D.
Assessment of the anticipated impact of project. An
assessment, supported by environmental data, of the environmental
impact of the project shall be provided. The assessment shall include
an analysis of the public costs, to include data, source and assumptions
of the project, including but not limited to the costs of additional
schools, roads, police, fire protection, water supply, sewerage disposal
and other similar municipal services. When possible, the assessment
shall describe the anticipated impacts with reference to standards
as may be determined by federal, state and local statutes. The assessment
shall:
(1)
Sewerage facilities.
(a)
Show the average daily number of gallons of
sewage wastes to be produced by the project.
(b)
If project is an expansion of an existing development,
provide information of existing flows and disposal methods.
(c)
Show that sewage can be disposed of through
facilities adequate to preclude air and water pollution and:
[1]
If disposal is on site, show data on underlying
geology; water table; soils analysis; soil stratigraphy; percolation
tests for every sewage disposal site; topography; location and depth
of aquifers; depth, capacity and type of construction and location
of all wells which have been recorded or can be obtained from interviews
with adjacent property owners within 500 feet of site; and any other
pertinent data; or if treatment is on site and the project is to include
treatment facilities discharging into a stream or watercourse, show
location of treatment facilities discharging into a stream or watercourse,
show location of treatment facilities receiving stream and data on
stream classification, water quality and seven-day low flow at ten-year
frequency; description of treatment facilities and proposed effluent
quality; and evaluation of initial and future deleterious effects
on use of streams for water supply, recreation and aquatic and terrestrial
wildlife. Evaluation shall include effect of nutrients on downstream
ponds and lakes.
[2]
If disposal is off site, a plan for disposal
with a detailed description of expected quantity and classification
of sewage effluent and acceptance, in writing, by the court, if required,
and the receiving facility.
[3]
Compliance with all state and local sewage and
health regulations.
(2)
Solid waste disposal.
(3)
Chemical and hazardous waste disposal.
(a)
Show identification and satisfactory provisions
for disposal of chemical wastes and hazardous materials defined by
the State of New Jersey, as amended.
(b)
If project is an expansion of an existing development,
identify and describe existing uses of chemicals and hazardous waste
disposal.
(c)
Describe compliance with all state and federal
regulations for handling and disposal of these wastes.
(4)
Water supply.
(a)
Show the amount of water required by the project
in average gallons per day.
(b)
If project is an expansion of an existing development,
describe existing water supply and water use.
(c)
Show that an adequate potable water supply is
available and not threatened by nearby use of other land and:
[1]
If supply is from public facilities off site,
including private water companies, show the amount of diversion granted
by the Division of Water Resources, maximum gallons of water pumped
during the past 24 months and diversions expected from other approved
subdivisions which are dependent upon the present diversions granted
by the Division of Water Resources; or, if supply is from on site
sources, provide location and depth of all private and public water
supply wells which have been recorded or can be obtained from interviews
with adjacent property owners within 500 feet of the realty improvement
and location, depth and adequacy of proposed private or public water
supplies to serve the proposed realty improvement and geologic description
of subsurface conditions, including expected groundwater yields, including
the same published geologic reports or report by a geologist; and
[2]
Compliance with all state and local regulations.
(5)
Drainage. Describe the measures which will be taken
to minimize the rate, volume and velocity of stormwater runoff; to
minimize any effects of drainage on adjacent areas, to minimize soil
erosion during and after development; and to decrease to the least
degree possible soil absorption and groundwater recharge; and that
the natural drainage pattern is not significantly altered and:
(a)
Volume and peak flow rates of stormwater runoff
expected from undeveloped site and to be generated by new improvements.
Volumes and rates for one-, five-, ten-, fifteen-, twenty- five-,
fifty- and one-hundred-year storm frequencies having durations producing
maximum flow rates before and after the proposed development shall
be included.
(b)
Data on landscaping, vegetation map, tree and
ground cover existing on site, compared with that proposed.
(c)
Changes of runoff, rates and volumes to be caused
by changes in land use and the time of concentration.
(d)
Plans for disposition of stormwater, whether
by retention, on site, or means of channeling so as to protect downstream
property.
(6)
Floodplains. Show a description of potential flood
damages, including a summary of flood stages from state and federal
sources.
(7)
Air quality. Show a statement of anticipated effects
on air quality because of on-site activities, such as heating, incineration,
any processing materials and traffic. Compliance with federal and
New Jersey standards is required.
(8)
Noise. Show a statement of anticipated effects on
noise levels, magnitude and characteristics related to on-site activities
and proposed method(s) of control.
(9)
Traffic, pedestrian and vehicular. Show an inventory
of existing traffic and a statement of the projected effect of anticipated
traffic on all internal, access and bordering roads.
(10)
Demography. Show a statement of the on-site
and off-site effect on the utilization of public facilities, such
as schools, police and fire protection, road maintenance and the like
because of changes in population density.
(11)
Critical areas. Show a statement of the impact
on critical areas, including stream corridors, streams, wetlands,
estuaries, slopes greater than 15%, highly erodible soils, areas of
high water table, mature stands of native vegetation, aquifer recharge
and discharge areas and other environmentally sensitive features,
areas or conditions.
(12)
Artificial light. Show a statement of anticipated
effects on light, magnitude and characteristics related to on-site
activities and proposed method(s) of control with particular attention
to the control of sky glow.
F.
Alternatives. Alternatives to minimize adverse environmental
impacts during construction and operation, both at the project site
and in the surrounding region, are to be submitted as a part of the
environmental impact statement.
G.
Licenses, permits, etc. A list of all licenses, permits
and other approval required by municipal, county, state or federal
law.
In reviewing an environmental impact statement,
the Planning Board shall take into consideration the effect of the
applicant's proposal upon all aspects of the environment. It may submit
the environmental impact statement for review and comment to the Ad
Hoc Environmental Committee and to such other governmental bodies
and to such consultants as they may deem appropriate. These bodies
shall be given 30 days in which to review the statement as to its
adequacy and to make comment if the statement is deemed inadequate.
If the official bodies and/or their consultants determine that the
environmental impact statement is incomplete, the applicant will be
given an additional 30 days to submit appropriate material or expert
information. The Planning Board shall approve an environmental impact
statement only if it is determined that the proposed development has
been designed with adequate safeguards as needed to protect the environment.
The steps to be taken to minimize adverse environmental impacts during
construction and operation which may be approved by the Planning Board
shall constitute conditions of the approval of the environmental impact
statement, together with such other conditions as the Planning Board
may impose. All work may be stopped by the Construction Official if
specified construction restraints are not followed. No certificate
of occupancy shall be issued until compliance shall have been made
with all conditions.
The aforementioned environmental impact statement
shall be prepared by a person or firm having expertise in the environmental
field, by virtue of training, experience or education. The person
or firm shall demonstrate their qualifications to the satisfaction
of the Planning Board. In addition, the environmental impact statement
shall be signed by the applicant or chief executive officer, in the
case of a corporation or public agency, affirming that the environmental
impact statement contains an accurate description of the project.
