[HISTORY: Adopted by the Mayor and Council of the Borough of Leonia
10-4-1982 by Ord. No. 949 as Ch. 118 of the 1982 Code (Ord. No. 826). Amendments
noted where applicable.]
As set forth herein, the following terms, words and derivations shall
have the meanings as set forth:
The Leonia Environmental Commission.
A written description and analysis of all potential and possible,
direct and indirect effects a project will have upon the project site as well
as upon the surrounding region affected thereby, with particular reference
to the effect of the project upon the public health, welfare, safety, protection
of public and private property and the preservation and enhancement of the
natural environment.
The Planning Board of the Borough of Leonia.
Application for approval of a major or minor subdivision plan.
Any site plan or site plan development requiring approval of the Planning Board pursuant to Chapter 290, Zoning, as well as the building or structure shown on such plan.
Any building, construction or improvement requiring a building permit pursuant to Chapter 290, Zoning, except in the case of construction of one-family dwelling or an accessory building to a one-family dwelling.
Each applicant as part of submission to the Planning Board of an application
for a project and each applicant for a building permit shall, prior to receiving
approval of said project or said building permit, submit and have approved
by the Planning Board an environmental impact statement.
The environmental impact statement shall include the following:
A.
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.
B.
Inventory of existing environment conditions.
(1)
An inventory of existing environmental conditions at
the project site and in the affected region which shall describe: sewer facilities,
water supply, water quality, hydrology, air quality, traffic noise volume
and flow, light characteristics and levels, noise, light, demography, geology,
topography, slope, soils and properties thereof, including capabilities and
limitations, vegetation, wildlife, wildlife habitat, aquatic organism, land
use aesthetics, historical sites and archeological features.
(2)
Where applicable, quality standards shall be described
with reference to those promulgated by the Department of Environmental Protection
of the State of New Jersey or by federal agencies.
C.
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, sewage 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:
(1)
Sewerage facilities.
(a)
A showing that sewage can be disposed of through facilities
adequate to preclude water pollution; and
[1]
If disposal is on-site, data on underlying geology, water
table, soil analysis, soil stratigraphy, percolation tests for every sewerage
disposal site, topography, location and depth of aquifers and depth, capacity
and type of construction of all wells within 500 feet of the site and any
other pertinent data; or
[2]
If disposal is off-site, plant design capacity, monthly
average and peak flows for past 12 months, daily average and peak flows, enforcement
action against plant, if any, capacity of plant to treat industrial or commercial
wastes, if applicable, receiving-water quality standards, stream quality data
from state, federal or private sources, stream flow (minimum average seven-consecutive-day
flow with frequency of occurrence of 10 years), plans for sewage treatment
facility local plans, state regional planning policy and flows expected from
other approved subdivisions which are dependent upon sewerage treatment facilities
in question.
(b)
Compliance with all federal, state and local sewage and
health regulations.
(2)
Water supply.
(a)
A showing that an adequate 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, 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) and diversions
expected from other approved subdivisions which are dependent upon the present
diversions granted by the New Jersey Division of Water Resources; or
[2]
If supply is from on-site sources, location
and depth of all private and public water supplies within 500 feet of the
realty improvement, location, depth and adequacy of proposed private or public
water supplies to serve the proposed realty improvement, geologic description
of subsurface conditions (using published geologic reports or report by a
geologist).
(b)
Compliance with all state and local regulations.
(3)
Drainage.
(a)
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.
(b)
Volume and peak flow rates of stormwater runoff expected
from the undeveloped site and to be generated by new improvements, including
volumes and rates for one-, five-, ten-, twenty-five-, fifty- and one-hundred-year-storm
frequencies having durations producing maximum flow rates before and after
the proposed development.
(c)
Data on a landscaping vegetation map, tree and ground
cover existing on site compared with that proposed.
(d)
Changes of runoff, rates and volumes to be caused by
changes in land use and the time of concentration.
(e)
Plans for disposition of stormwater, whether by retention
on site or means of channeling so as to protect downstream property.
(f)
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.
(4)
Air quality. A statement of anticipated effects on air
quality due to on-site activities, such as heating, incineration, any processing
of materials and traffic in compliance with federal and New Jersey standards
shall be required.
(5)
Traffic: pedestrian and vehicular. A statement of projected
effect of anticipated traffic on all internal access, bordering and regional
roadways.
(6)
Noise. A statement of anticipated effect on noise levels,
magnitude and characteristics related to on-site activities and the proposed
method(s) of control.
(7)
Artificial light. A statement of anticipated effect on
light levels, magnitude and characteristics related to on-site activities
and the proposed method(s) of control with particular attention to the control
of sky glow.
(8)
Demography. A statement of the on-site and off-site effect
on the utilization of public facilities due to changes in population density.
Whenever 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.
(9)
Solid and hazardous waste. A statement of the type, amount
and anticipated method of disposal.
D.
A list of all licenses, permits and other approvals required
by municipal, county, state or federal law shall be provided.
E.
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 the
affected region, such description is to be accompanied by necessary maps,
schedules and other explanatory data as may be necessary to clarify and explain
the actions to be taken.
F.
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, increased noise,
damage to plants, trees and wildlife systems, displacement of people and businesses,
displacement of existing historical sites, increase in sedimentation and siltation,
increase in municipal services and consequence to municipal tax structure.
The off-site impact shall also be set forth and evaluated.
G.
Alternative. 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 shall include the reasons for acceptability
or nonacceptability of each alternative.
Applicants shall submit 14 copies of the environmental impact statement as well as drawings, maps and charts to the Planning Board, together with a filing fee as set forth in Chapter 123, Fees.
In reviewing the environmental impact statement, the Planning Board
should take into consideration the effect of the applicant's proposal upon
all aspects of the environment. The Planning Board shall submit the environmental
impact statement for review and comment to the Environmental Commission and
to such other governmental bodies and to such consultants as it may deem appropriate.
In the event that a professional consultant is necessary to review the environmental
impact statement, upon notice to the applicant, the Planning Board may hire
a consultant, the cost of which shall be paid for by the applicant. In reviewing
the application for the proposed project, the Planning Board shall take into
consideration the effect of the project upon all aspects of the environment
as outlined herein, as well as the efficiency of the applicant's proposal
for dealing with any immediate or projected adverse environmental effect based
upon whether or not the project will result in appreciable harm to the natural
environment, whether or not the project has been designed with a view towards
the protection of natural resources and, whether or not the project will place
an excessive demand upon the total resources available for such proposals
and for any future proposals.
Incorporated in the approval of any project may be conditions to minimize
adverse economic impact during construction and operation and alternatives
as set forth in the application, together with any conditions that the Planning
Board may, in its wisdom, impose. No certificate of occupancy shall be issued
until, and unless, compliance shall have been made for such conditions.
The Planning Board may waive the requirement for the environmental impact
statement, in whole or in part, if sufficient evidence is submitted to support
the conclusion that the proposed project will have a negligible environmental
impact or that a complete environmental impact statement is not necessary
to adequately evaluate the environmental impact of the project. The Planning
Board may consult with the Environmental Commission prior to the waiver.
An environmental impact statement, as required herein, shall also be
submitted as to public or quasi-public projects unless they are exempt from
the requirements of local law by supervening law.
An 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.
The decision of the Planning Board may be appealed in the same manner
as is available for the appeal of a decision from the Planning Board in the
case of site plan review.
