A.
Approval of environmental impact statements shall be
required prior to commencement of development, construction, or other site-disturbance
activity, or other use or change of use to which this chapter applies.
B.
No land shall be used in contravention to this chapter
unless and until an environmental impact statement shall have been submitted
to and have been approved by the Township Planning Board.
Environmental impact statements shall provide all the information necessary
for a proper evaluation of the effects of the proposed project upon the environment,
in a format that shall provide an item-by-item analysis referenced to correspond
to each letter and numbered item in this section. Where an item is determined
by the preparer to be "not applicable," an explanation for such determination
shall be given.
A.
Name, address and qualification of preparer.
B.
Description of the manner in which investigations were
conducted and a complete bibliography of sources consulted.
C.
Identification of the project sponsor and/or property
owner.
D.
Information regarding the existing environment of the
surrounding area, including:
(1)
Geological character.
(2)
Soil characteristics.
(3)
Land forms.
(4)
Hydrological features (surface and subsurface and including
mean, high and low water table), regional and local aquifers.
(5)
Plants and animals (species, diversity and frequency).
(6)
Population density and distribution.
(7)
Location of all existing and proposed sewerage disposal
facilities (plat).
(8)
Location of all existing and proposed water supply facilities
(plat).
(9)
Natural aesthetic features including wooded and semiwooded
areas as shown on Factor Maps 15 and 16.
(10)
Historical, archeological and architectural features.
(11)
Environmentally sensitive areas (plat).
(12)
Air and water quality (existing).
(13)
Nature, degree and source of existing pollution or other
environmental problems.
(14)
Present land use.
(15)
Size, shape and layout of all existing and proposed structures,
buildings, natural or artificial drainage facilities, watercourses, walkways,
parking areas, signs, landscaping (plat).
(16)
Portion of total parcel to be utilized (plat).
E.
Description of the construction phase, including:
(1)
Development schedule and construction phasing.
(2)
Work force required.
(3)
Construction traffic (nature, amount and routing).
(4)
Site preparation, including amount and manner of clearing,
excavating, filling and cutting, burning and/or blasting.
(5)
Precautions taken (noise control, dust control, erosion
and sedimentation control, temporary sanitation).
G.
Description of the consistency of the proposed environmental
impact of the project if implemented, during all phases of site preparation,
construction and operation including:
(1)
Discussion of the consistency of the proposed project
with accepted federal, state, regional, county and local plans in progress
(master plans and zoning ordinances).
(2)
Discussion of how the proposed project will encourage
or discourage population and industrial growth.
(3)
Describe in detail the nature and extent of all substances
and materials to be regularly, periodically or intermittently discharged from
the proposed project into surface and/or subsurface waters.
(4)
Discussion of whether and to what extent the proposed
project will result in the loss or alteration of any and all environmentally
sensitive areas.
(5)
Identify and discuss the nature and extent of existing
and projected compliance or noncompliance with approved New Jersey Department
of Environmental Protection water quality standards, increases in pollution
and/or turbidity levels.
(6)
Discussions of the beneficial and adverse effects of
the proposed project on aquatic biota and habitat.
(7)
Discussion of the effects the proposed project will have
on groundwater quality and quantity and the basis for such determinations.
(8)
Discussion and description of water usage, including
effect on infiltration capacity and future water supply.
(9)
Discussion of any environmental effects from thermal
discharges.
(10)
Detailed description of the nature and extent of any
and all substances and materials which will be emitted into the ambient air,
and whether such emissions will meet or affect emission standards and regulations
of the New Jersey Department of Environmental Protection.
(11)
Discussion of ambient air quality data, present and projected,
with due regard to cumulative aspects, so that direct comparisons may be made
between present air quality, projected air quality and air quality standards,
considering the effect on nearby residences and businesses.
(12)
Discussions of the precautions taken to prevent odor
problems from becoming a public nuisance and/or being in violation of the
State Air Pollution Control Act.
(13)
Discussion of the precautions taken to prevent the dissemination
or any airborne transportation of pathogenic organisms.
(14)
Discussion of the gain or loss of aquatic and terrestrial
wildlife habitat and its effect.
(15)
Discussion of the gain or loss of food chain on the aquatic
and terrestrial wildlife.
(16)
Discussion of the effect of noise, dust, lighting, turbidity
and situation from construction and operation upon aquatic and terrestrial
wildlife.
(17)
Discussion of the socioeconomic effects on the Township
induced by the proposed project and additional development attributable to
the proposed action, including availability or lack of public services (schools,
parks, fire and police protection).
(18)
Discussion of the nature and extent and effects of construction
and operational noise levels in terms of decibels, time of noise, duration
and source, and discussion of any noise control methods to be used.
(19)
Description of any and all effects on the recreational
capabilities of the neighborhood and Township.
(20)
Discussion of how the project will affect historical,
archaeological and/or cultural resources.
(21)
Discussion of the proposed methods for solid waste handling
and disposal.
(22)
Graphic description of the shadows cast by any structures.
(23)
Discussion of the potential of man-made accidents and
of adverse environmental impacts which cannot be avoided, reduced in severity
or reduced to an acceptable level in the construction or operation of the
proposed project, including:
(a)
Reasons why such adverse impacts cannot be reduced in
severity or reduced to an acceptable level.
(b)
Implications of the adverse impact in relation to on-site
and off-site environment.
(c)
Where abatement measures can reduce adverse impacts to
acceptable levels, discuss the effectiveness, costs and basis for considering
the adequacy of the determination.
H.
Description of alternatives to the project in sufficient
detail to permit an independent and comparative evaluation of the proposed
project with all reasonable alternatives in terms of the benefits costs, environmental
risks, potential for reducing or eliminating adverse impacts and reasons for
not selecting such alternatives as a description of any and all short-term
cumulative and long-term effects of the proposed project which either significantly
reduce or enhance the state of the environment for future generations.
Environmental impact statements, 12 in number, shall be submitted to the administrative officer of the Township and shall be accompanied by a fee in the amount provided in Chapter 150, Fees, to defray costs of review. The administrative officer shall forward same to the Planning Board. If and in the event the applicant shall apply to the Planning Board for a waiver, such application shall be accompanied with a nonrefundable fee as provided in Chapter 150, Fees. If and in the event the Planning Board denies an application for waiver, the applicant shall then pay the fee referred to above for complete review.
A.
Certification of completeness. Within 20 days of receipt
of environmental impact statement, the Planning Board shall:
(1)
An application for a waiver of environmental impact statement or a completed environmental impact statement shall be deemed to be part of the application for development and shall be processed in the manner and within the time limit set forth in Chapter 190, Land Use, and the Revised Statutes of New Jersey pertaining to such application for development.
(2)
When the entire application for development is complete,
as that term is defined by law, the land use officer shall submit copies of
the completed environmental impact statement or the request for waiver of
environmental impact statement to the Township Environmental Commission and
to the Township Engineer for their review and comments.
B.
Substantive review.
(1)
Upon the issuance of a certification of completeness,
the Planning Board shall submit copies of the completed environmental impact
statement to the Township Environmental Commission and the Township Engineer
for their review and comments, and within 45 days of the issuance of a declaration
of completeness notify the applicant of the approval, conditional approval
or disapproval of the project, unless the applicant agrees in writing, to
the extended consideration of the application.
(2)
Site plan or major subdivision applications to be consolidated with platted information and reviewed simultaneously: Any person who is required to submit an environmental impact statement and who further intends to apply for major subdivision or site plan approval pursuant to the provisions of Chapter 190, Land Use, of the Code of the Township of Freehold, may consolidate all information required by the environmental impact statement to be in platted form, with all plats.
(3)
Criteria for review. In reviewing an environmental impact
statement, the Planning Board may consider in addition to the written comments
of the Township Environmental Commission and the Township Engineer, the following
criteria:
(a)
Construction phase. Adequacy of precautions taken and
methods employed to avoid excessive temporary noise, dust and other air pollution,
erosion, sedimentation, sanitation problems, water pollution, and traffic
problems and to avoid residual environmental damage from excessive or improper
clearing, excavating, filling, cutting or blasting or other site preparation
activities during the construction phase.
(b)
Operation phase and environmental impact.
[1]
Consistency with federal, state, regional, county or
local land use plans.
[2]
Effect on population and industrial growth.
[3]
Nature and amount of discharges into surface and subsurface
waters and effect on water quality, turbidity and New Jersey water quality
standards.
[4]
Treatment of and effect of proposed project on environmentally
sensitive areas.
[5]
Effect on aquatic biota and habitat.
[6]
Effect of water usage on water table and future availability
of water.
[7]
Effect of thermal discharges.
[8]
Nature and amount of discharge into ambient air and effect
on air quality.
[9]
Effect of odor problems.
[10]
Effect of airborne transportation of pathogenic organisms.
[11]
Effect of loss or partial destruction of aquatic and
terrestrial wildlife habitats and its effect.
[12]
Socioeconomic effects.
[13]
Destruction or loss of recreational capabilities.
[14]
Effect on historical, archaeological and cultural resources.
[15]
Adequacy of solid waste handling storage and disposal
systems.
[16]
Effect of shadow cast.
[17]
Potential of man-made accidents and/or natural catastrophes.
[18]
Adequacy or availability of remedial, protective and
mitigative measures to avoid or reduce adverse environmental impacts, including
site design, air quality, water quality, stormwater systems, aquatic and terrestrial
wildlife habitats.
[19]
Need for and adequacy of devices for monitoring discharges
and emissions into air and water.
[20]
Adequacy of contingency plans for dealing with man-made
accidents and natural catastrophes.
[21]
Nature and degree of adverse environmental impacts which
cannot be avoided, reduced in severity or reduced to an acceptable table.
[22]
Reasonable and practical alternatives to the proposed
project.
(4)
Approval, conditional approval or disapproval of environmental
impact statement. The Planning Board shall within 45 days of submission of
a complete application for development notify the applicant in writing of
the approval, approval with conditions, or disapproval of the environmental
impact statement or request for waiver of environmental impact statement.
The applicant may extend the time within which the Planning Board is to act
hereunder. A written notification of conditional approval or disapproval shall
state the reasons for such action.
(a)
Criteria for approval. The Planning Board shall only approve an environmental impact statement if, after review and consideration of the statement and the written comments submitted thereon, generally accepted engineering practices, and the state of the art of environmental protection methodology, it finds that the use or activity as proposed by the applicant or as conditioned by the Planning Board conforms with the standards set forth in Subsection B(3)(b).
(b)
Conditional approval; permissible conditions.
When an environmental impact statement has been disapproved, the applicant
may submit a supplement to the environmental impact statement offering a detailed
proposal to satisfy the objections of the Planning Board, which supplement
shall, within 30 days of its receipt, be approved, conditionally approved
or disapproved with written reasons given therefor. The failure of the Planning
Board to act on the supplement within such time shall constitute and approval
thereof.
