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Barrington City Zoning Code

ARTICLE IX

Environmental Impact Statement

§ 360-53 Requirement and purpose.

No building permit shall be issued for any building to be used otherwise than as a one-family private dwelling or as an accessory building thereto, and no major subdivision shall receive preliminary approval until an environmental impact statement shall have been submitted to and approved by the Borough of Barrington Planning Board. The purpose of requiring an environmental impact statement is to permit the Borough of Barrington Planning Board to assess the impact of a proposed project upon the environment, particularly with respect to water and air resources, pollution of all kinds, drainage, waste disposal and the landscape.

§ 360-54 Contents.

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, but shall not be limited to, contours, buildings, roads, paved areas, grading and regrading adjacent natural streams and the project's relation to surrounding property and utility lines.
B. 
Inventory of existing environmental conditions. An inventory of existing environmental conditions at the project site and in the affected region, which shall describe air quality, water quality, water supply, hydrology, geology, soils and properties thereof, including capabilities and limitations, sewage disposal systems, topography, slope, vegetation, wildlife habitat, aquatic organisms, noise characteristics and levels, demography, land use, aesthetics, history and archaeology. Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey, and soils shall be described with reference to the Camden County Soil Survey and the criteria contained in the Camden County Soil Conservation District Standards and Specifications.
C. 
Assessment of environmental impact of project. There shall be an assessment supported by environmental data of the environmental impact of the project upon the factors described in Subsection B and also includes an evaluation of water use, liquid and solid waste disposal, effects of liquid and solid wastes on the quality and quantity of surface and ground waters. The assessment shall include an evaluation of the public costs of the project, including but not limited to the costs of additional schools, roads, police, etc., and indirect costs, such as the loss of open space.
D. 
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 air or water pollution, increase in noise, damage to plant, tree and wildlife systems, displacement of people and business, displacement of existing farms, increase in sedimentation and siltation, increase in municipal services and consequences to the municipal tax structure. Off-site impact shall also be set forth and evaluated.
E. 
Steps to minimize environmental damage. A description of steps to be taken to minimize adverse environmental impacts during construction and operation, both at the project site and in the affected region, 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.
F. 
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.
G. 
Sewerage facilities. 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; soils analysis; soil stratigraphy; percolation tests for every sewage disposal site; topography; location and depth of aquifers; and depth, capacity and type of construction of all wells within 500 feet of the site; any other pertinent data; or
(2) 
If disposal is off site, plant design capacity; monthly average and peak flows for the past 12 months; daily average and peak flows; enforcement action against the plant, if any; capacity of the plant to treat industrial or commercial waters, if applicable; receiving water quality standards; stream-quality data from state, federal or private sources; stream flow [minimum average seven-consecutive-day flow, with a frequency of occurrence of 10 years]; plans for a sewage treatment facility; local plans; state and regional planning policy; flows expected from other approved subdivisions which are dependent upon sewage treatment facilities in question; and
(3) 
Compliance with all state and local sewerage and health regulations.
H. 
Water supply. A showing that an adequate potable water supply is available and not threatened by the nearby use of other land and:
(1) 
If the supply is from public facilities off site, including private water companies, the amount of diversion granted by the Division of Water Quality (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 Division of Water Quality; or
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
If the supply is from on-site sources, the location and depth of all private and public water supplies within 500 feet of the realty improvement; the location, depth and adequacy of proposed private or public water supplies to serve the proposed realty improvement; geologic description of subsurface conditions, including expected groundwater yields (using published geologic reports or a report by a geologist); and
(3) 
Compliance with all state and local regulations.
I. 
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 the potential of downstream flooding is not increased and:
(1) 
The volume and peak flow rates of stormwater runoff expected from an undeveloped site and to be generated by new improvements; includes 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.
(2) 
Data on landscaping, vegetation map and tree and ground cover, existing on the site compared with that proposed.
(3) 
Changes of runoff rates and volumes to be caused by changes in land use and the time of concentration.
(4) 
Plans for the disposition of stormwater, whether by retention on site or means of channeling so as to protect downstream property.
(5) 
Stream encroachments. An encroachment permit is required from the Division of Water Quality 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(6) 
Floodplains. Description of potential flood damages, including a summary of flood stages from state and federal sources.
J. 
Solid waste disposal. A plan for disposal by means of a facility operating in compliance with the State Sanitary Code.
K. 
Air pollution. A showing that no visible smoke or deleterious chemical changes are produced in the atmosphere by heating or incinerating devices nor by any processing of materials.
L. 
Licenses, permits, etc. A list of all licenses, permits and other approvals required by municipal, county or state law, and the status of each.

§ 360-55 General provisions.

A. 
Filing. Twelve copies of the environmental impact statement shall be submitted to the Borough of Barrington Planning Board for review, together with a filing fee established by the Borough Council pursuant to § 360-47A to cover the cost of reviewing and processing it.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Review and approval. 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, including but not limited to sewage disposal, water quality, watercourses, protection of air resources, protection of aquifers, protection of public lands and their uses and ecosystems and the presence of any nuisance factors. The Planning Board shall submit the environmental impact statement for review and to such other governmental bodies and to such consultants as it may deem appropriate. The Planning Board shall request that an advisory report be made to it by the governmental body or consultant within 60 days of the submission of the environmental impact statement to such governmental body or consultant. The Planning Board shall approve an environmental impact statement only if it determines that the proposed development will not result in appreciable harm to the natural environment, has been designed with a view toward the protection of natural resources and will not place an excessive demand upon the total resources available for such proposal and for any future proposals.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Conditions. The steps to be taken to minimize adverse environmental impacts during construction and operation under § 360-54E and the alternatives which may be approved by the Planning Board under § 360-54F shall constitute conditions of the approval of the environmental impact statement, together with such other conditions as the Planning Board may impose. No certificate of occupancy shall be issued until compliance shall have been made with such conditions.
D. 
Waiver. The Planning Board may waive the requirement for an environmental impact statement, in whole or in part, if sufficient evidence is submitted to support a conclusion that the proposed project will have a negligible environmental impact or that a complete environmental impact statement need not be prepared in order to evaluate adequately the environmental impact of a project.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E. 
Public and quasi-public projects. An environmental impact statement, as required herein, shall also be submitted as to all public or quasi-public projects unless they are exempt from the requirements of local law by supervening county, state or federal law.