[HISTORY: Adopted by the Borough Council of the Borough of Paramus 2-25-1992 by Ord. No. 92-1. Amendments noted where applicable.]
Environmental Commission — See Ch. 33.
Uniform construction codes — See Ch. 203.
Drainage and environmental protection — See Ch. 213.
Flood damage prevention — See Ch. 253.
Site plan review — See Ch. 371.
Soil removal — See Ch. 375.
Subdivision of land — See Ch. 387.
Zoning — See Ch. 429.
Editor's Note: Ordinance No. 93-4, adopted 2-23-1993, provided that "the term of this ordinance shall be extended for one year with the provision that this ordinance shall be automatically repealed within one year of passage of this amendment unless it is extended by the governing body. Ordinance No. 94-2, adopted 2-22-1994, amended said Ord. No. 93-4 to provide that it shall be extended indefinitely."
This chapter shall be known and may be cited as the "Environmental Impact Statement Ordinance of the Borough of Paramus."
As used in this chapter, the following terms, words and derivations shall have the meanings given herein:
- ENVIRONMENTAL IMPACT STATEMENT
- A written description and analysis of all possible direct and indirect effects a project will have upon the project's site, as well as upon the surrounding region affected thereby, with particular reference to the effect of the project upon the public health, welfare and safety, the protection of public and private property and the preservation and enhancement of the natural environment.
- PRELIMINARY STATEMENT
- The information required of all applicants and a part of the checklist provided for by Chapter 387, Subdivision of Land, and Chapter 371, Site Plan Review, except as hereinafter provided.
- Any site development plan or site plan requiring approval of the approving agency.
The purpose of providing an environmental impact statement is to permit the approving agency to assess the impact of a proposed project upon the environment, including physical, social and aesthetic considerations, both natural and man-made, which affect the quality of life. Particular emphasis should be made on assessing the impact upon surface and ground water, air resources, pollution of all kinds, drainage, waste disposal, wetlands, floodplains, steep slopes, shallow bedrock, critical areas and the landscape.
A preliminary statement shall accompany each and every application to the approving agency and will be a required item of the checklist that each applicant must fulfill before an application is deemed complete pursuant to N.J.S.A. 40:55D-10.3, except for those applications seeking approval for a single one- or two-family dwelling; for interior alterations or renovations; or for exterior alterations which do not require additions to an existing structure and do not require site alterations or site improvements.
An environmental impact statement may be required at the discretion of the approving agency based on the data contained in the preliminary statement. The approving agency can require the environmental impact statement in whole or part. Where required, the environmental impact statement shall be a checklist item, and therefore, an application shall not be deemed complete for purposes of N.J.S.A. 40:55D-10.3 until such time as an environmental impact statement is filed with the appropriate board.
Whenever the approving agency determines that an environmental impact statement is required, no building permit or certificate of occupancy shall be issued for any building to be used otherwise than as a single-, one- or two-family private dwelling or an accessory building thereto, or where the plan of development is limited to interior or exterior alterations or modifications which do not entail additions to existing buildings, no site plan shall receive approval, no major subdivision shall receive preliminary approval and no zoning use ordinance change shall be adopted until an environmental impact statement (required by the Board at its discretion) shall have been submitted. The approving agency, at its discretion, based on the submitted preliminary statement, may require a full environmental impact statement or a limited statement considering the size, scope and location of the site under review.
The environmental impact statement shall include, but not be limited to, the following:
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. The description shall include a key map showing the location of the project and how it relates to the surrounding region affected thereby. A description of the project specifying in the form of maps, drawings, graphs or similar visual aids, and also by narrative, what is to be done and how it is to be done during and after construction of the project, including the information and technical data adequate to permit a careful assessment of the environmental impact of the project, including but not 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.
Inventory of existing environmental conditions.
An inventory of existing environmental conditions at the project site and in the immediate area of said site which is affected by the plan of development which includes:
Traffic noise volume and flow.
Light characteristics and levels.
Soils and properties thereof, including capabilities and limitations.
One-hundred-year flood and flood hazard area.
Where applicable, quality standards shall be described with reference to those promulgated by the Department of Environmental Protection and Energy of the State of New Jersey and federal agencies.
Assessment of the anticipated impact of the project.
An assessment, supported by environmental data, of the environmental impact of the project shall be set forth. The assessment shall include an analysis of the public costs, such as but not limited to schools, roads, police protection, fire protection, water supply and sewerage disposal, and other similar direct and indirect costs of the project, including the effect on recreational facilities, open space and other similar municipal services.
Said assessment shall specifically include the following:
Sewerage facilities. A showing that sewage can be disposed of through public facilities of adequate capacity and to preclude water pollution. If disposal is on-site, data on underlying water table, soil analysis, soil stratigraphy, percolation tests for every sewage disposal site, topography, location depth of aquifers; depth and type of construction of all wells within 500 feet of site; and any other pertinent data or compliance with all federal, state and local sewage and health regulations shall be provided.
Water supply. A showing that an adequate water supply is available from public facilities off-site, including private water companies; amount of diversion granted by the Division of Water Resources (maximum gallons of water pumped during any month); present diversion (maximum gallons of water pumped during the past 24 months); diversions expected from other approved subdivisions which are dependent upon the present diversions granted by the New Jersey Division of Water Resources.
Drainage. A showing that stormwater runoff from the site is so controlled that on- and off-site erosion is neither caused nor worsened and that potential of downstream flooding is not increased and shall show:
Volume and peak flow rates of stormwater runoff expected from undeveloped site and to be generated by new improvements.
Data on landscaping vegetation map, tree and ground cover, existing on-site compared with that proposed.
Changes of runoff, rates and volumes to be caused by changes in land use and the time of concentration.
Plans for disposition of stormwater, whether by retention on site or means of channeling so as to protect downstream property.
Stream encroachments. An encroachment permit is required from the New Jersey Division of Water Resources for fill or diversion of a water channel, alteration of a stream, repair or construction of a bridge, culvert reservoir, dam, wall, pipeline or cable crossing.
Floor plans description of protection flood damages, including a summary of flood stages from state or federal sources.
Air quality. A statement of anticipated effects on air quality due to on-site activities such as heating, incineration, any processing of materials and vehicular traffic.
Traffic: pedestrian and vehicular. A statement of projected effect of anticipated traffic on all internal access, bordering and regional roadways.
Noise. A statement of anticipated effect on noise levels, magnitude and characteristics related to on-site activities and proposed methods of control. The applicant must also list neighboring properties that will be adversely affected by the noise.
Artificial light. A statement of anticipated effect on light levels, magnitude and characteristics related to on-site activities and proposed method(s) of control with particular attention to the control of sky glow.
Demography. A statement of the on-site and off-site effect on the utilization of public facilities due to changes in population density.
Solid and hazardous waste. A statement of the type, amount and anticipated method of disposal. A list of all licenses, permits and other approvals requested by municipal, county, state or federal law shall be provided.
Listing of all unavoidable adverse environmental impacts. A listing and evaluation of adverse environmental impacts and damages to natural resources which cannot be avoided, with particular emphasis upon, but not limited to, air or water pollution, increase in noise, damage to plant, tree and wildlife systems, displacement of people and businesses, increase in sedimentation and siltation, increase in municipal services and consequences to municipal tax structure. Off-site impact shall also be set forth and evaluated.
Steps to minimize and mitigate environmental damage. A description of steps to be taken to minimize and mitigate adverse environmental impacts during construction and operation, both at the project site and in the affected surroundings; such description to be accompanied by necessary maps, schedules and other explanatory data as may be needed to clarify and explain the actions to be taken.
Alternatives. A statement of alternatives to the proposed project which might avoid some or all of the adverse environmental effects of the proposed project. The statement should include the reasons for the acceptability or nonacceptability of each alternative.
Reference to federal, state or local statutes or regulations. Wherever possible, the above-referenced assessments shall describe the anticipated impacts with reference to standards as may have been determined by federal, state and local statutes and/or regulations.
The Board may require, as a condition of approval of the application, that steps be taken to minimize the adverse environmental impact during and after construction, and no construction permit or certificate of occupancy, as the case may be, shall be issued until all such requirements shall have been complied with.
The environmental impact statement shall be prepared by a person or firm having expertise in the environmental field by virtue of experience and/or education. Such person or firm may be required to submit his/her qualifications to the Board at its discretion.
The applicant shall chose a person or firm to prepare the environmental impact statement.
[Amended 9-27-1994 by Ord. No. 94-19]
In the event that a professional consultant is deemed necessary by the approving agency, upon notice to the applicant, the Board reviewing the environmental impact statement may hire a consultant at its discretion, the cost of which shall be paid for by the applicant.
The Board considering the application may waive any requirement of the environmental impact statement if the Board finds sufficient evidence indicated in the applicant's preliminary statement to support the conclusion that the proposed project will have a negligible environmental impact or that a complete environmental impact statement is not necessary for the Board to adequately evaluate the environmental impact of the project.
Notwithstanding any provision of this chapter, the Board is empowered to order an environmental impact statement in part or whole for any proposed project.
The decision of the Board may be appealed in the same manner as is available for the appeal of a decision from the Board, as provided by law.
This chapter shall apply to both public and private projects unless such are exempt from the requirements of local law by supervening county, state or federal law.