Belmar City Zoning Code
ARTICLE XII
Document Submissions
§ 40-12.1 Purpose.
[Ord. No. 1992-32 § 12.1; Ord. No. 2008-04 § II; Ord. No. 2009-11 § 2]
The documents to be submitted are intended to provide the Municipal Agency with sufficient information and data to assure compliance with all municipal codes and specifications and to ensure that the proposed development meets the design and improvement requirements of this Chapter. The specification of documents is based on the type of development and particular stage of development application.
§ 40-12.2 Requirements.
[Ord. No. 1992-32 § 12.2; Ord. No. 2008-04 § II; Ord. No. 2009-11 § 2]
The documents to be submitted are shown on the following pages. In specific cases and for documented reasons, the Municipal Agency may waive the submission of a particular document or require the submission of additional documents. The reasons for the waiver shall be indicated in the minutes of the Municipal Agency.[1]
ENVIRONMENTAL IMPACT STATEMENT |
a.
Required. Environmental Impact Statement (EIS) is required as part of any application for development involving new buildings or any land disturbance which requires approval of the Planning Board or Board of Adjustment.
b.
Contents of EIS. The EIS shall discuss and analyze those factors required for the particular project as provided in Subsection c and any other factors pertinent to the project. Where the information is provided elsewhere in the application, it may be incorporated by reference. The applicant may request a pre-application conference with the Planning Board to discuss the scope and detail of the EIS, and the Planning Board may seek the advice of the Environmental Commission in determining said scope and detail. The EIS shall address each of the items outlined below to the degree and extent it is pertinent to the project. In preparing the EIS, the applicant shall utilize resource information available from the Borough (including the most recent Environmental Resource Inventory) as well as other reliable sources. Application requiring an EIS may be rejected upon recommendation of the Environmental Commission and by resolution of the Board for failure to furnish sufficient information to enable the Board to make an adequate environmental appraisal.
c.
The EIS shall contain the following:
1.
Name and qualifications of the persons or firm preparing the statement.
2.
An abstract or summary of the major points and conclusions of the statement. Current and/or future property owner.
3.
Plan and Description of Proposed Project: A project description, complete with site plans, which shall specify the purpose of the proposed project, including products and services, if any, being provided, and the regional, municipal and neighborhood setting, including current land use of the project site and properties within 500 feet of the site.
4.
An inventory of existing conditions for the project site, the surrounding area and other areas affected by the project. In the presentation, attention should be given to the identification and description of critical impact areas, including but not necessarily limited to streams and stream corridors, swamps, marshes, steep slopes, highly erodible soils, areas of high-water table, flood prone areas, aquifer recharge areas, unique stands of native vegetation and important wildlife feeding or breeding grounds. The inventory should include, but not necessarily be limited to, an analysis of the following:
(a)
Soils and their properties to be mapped on page 1 of the plat.
(b)
Topography.
(c)
Geology.
(d)
Groundwater hydrology.
(e)
Surface water.
(f)
The size of the subwatershed and the location of the site within the subwatershed(s).
(g)
Vegetation, wildlife and aquatic species and communities.
(h)
Land use.
(i)
Air quality.
(j)
Water quality.
(k)
Ambient noise level.
(l)
Aesthetic features.
(m)
The location species and diameter of all trees to be removed.
5.
A description of the services and/or natural resources to be utilized by the project. The discussion should include, but not necessarily be limited to, the following:
(a)
Wastewater management. An estimate of the expected quantity and type of wastewater from the proposed impact development. If disposal is on site, discuss the relation to topography, soils, wetlands and underlying geology, including water table, aquifer recharge areas and all wells within 500 feet of the disposal areas; include results of percolation tests and soil logs required by ordinance. If disposal is to an existing private facility or to a public facility, identification, owner and location of the plant and location of the existing collection point to which the proposed project would be connected. Documentary evidence that the expected flows from the proposed facility will be accepted and can be treated adequately by the private or public facility must accompany the environmental impact statement.
The applicant should demonstrate compliance with all applicable State, County and Borough health regulations.
(b)
Water supply. If the water is to be supplied from the site and a flow of 100,000 gallons per day or less is required, an impact assessment of water supply is required if the anticipated demand exceeds the available safe yield of the aquifer contained within the property limits indicated in the Borough's resource inventory. In such case the applicant must substantiate and explain the anticipated demand, present proof that the aquifer contained within the property limits can yield the desired amount of water, demonstrate that wells proposed for installation will meet acceptable standards and assess the effect of proposed withdrawals on existing and proposed wells and surface water bodies within the geologic formation. If the plan includes 50 or more dwelling units, certification of the adequacy of the proposed water supply and sewerage facilities must be obtained from the New Jersey Department of Environmental Protection and must be included in the EIS.
If the water is to be supplied from any existing private or public facility, the identification, owner and location of the facility and the location of existing distribution point to which the proposed project would be connected shall be provided. The applicant will submit documentary proof that the facility has the available excess capacity in terms of its allowable diversion and equipment to supply the proposed project and is willing to do so. The applicant must demonstrate to the satisfaction of the Planning Board or Board of Adjustment that the total consumption of groundwater from on-site and off-site sources will not exceed the available safe yield of the aquifer contained within the property limits.
(d)
Stream corridors. A description and map of any streams and immediate environs, steep banks, springs and wetlands and streamside vegetation located on the property, in accordance with the standards of the Land Development Ordinance concerning stream corridors, and evidence of compliance with these standards. Include a map depicting the floodway and flood hazard area as reflected in flood hazard area delineation maps on file with the Borough, along with evidence of compliance with § 44-9. The applicant shall supply copies of all resource information provided to the NJDEP Division of Water Quality in support of an application for any required Stream Encroachment Permit.
(e)
Solid waste disposal. Estimate the volume of solid wastes, by type, including excess earth, expected to be generated from the proposed project during construction and operation and describe plans for collection, storage, transportation and disposal of these materials; identify the location(s), type(s) and owner(s) of the facility (facilities) which will receive such solid wastes; demonstrate compliance with the requirements of the Statewide Mandatory Source Separation and Recycling Act.
(f)
Air quality. Describe each source, its location, the quantity and nature of materials to be emitted from any furnace or other device in which coal, fuel oil, gasoline, diesel fuel, kerosene, wood or other combustible material will be burned, or if any other source of air pollutants, including automobiles attracted by the facility, will be present on the site during or after construction. Evidence of compliance with any applicable State and Federal regulations shall accompany the EIS. If a State or Federal emission permit is required, a copy of all resource data submitted with the application for the permit shall also accompany the EIS.
(g)
Noise. A statement of anticipated effects on noise and vibration levels, magnitude and characteristics related to on-site activities and proposed method(s) of control. Background levels of noise throughout the anticipated area affected must be determined. Any applicant for industrial and commercial enterprises must show that after construction and during normal operation the enterprise will not exceed the State of New Jersey regulations controlling industries and commercial stationary sources (N.J.A.C. 7:29-1.1 et seq.).
(h)
Traffic. Determine the present traffic volume and capacity of the road(s) serving the project and the nearest major intersection; calculate the traffic generated by the proposed project and any increase in background levels during the course of the project's completion; set forth projected volumes for roads and intersections upon completion of the project, and compare the projected level of service (LOS) to the existing LOS; and, describe traffic control measures that will be incorporated to mitigate the impact.
(i)
Community impact. An analysis of the factors affecting the finances of the Borough, which shall include a comparison of the estimated tax receipts and fiscal outlay for municipal services, estimated number and types of jobs to be provided; calculation of the number of school-age children to be produced; and, any addition to existing municipal services rendered by the project.
(j)
Visual impact. Discuss how the natural or present character of the area will be changed as a result of the proposed development, and the steps taken to mitigate the impact.
(k)
Artificial light. A statement of anticipated effects on light, magnitude and characteristics related to as on-site activities and proposed methods of control, with particular attention to the control of sky glow.
(l)
Critical and environmentally sensitive area. Quantify and discuss the impact on critical areas, including stream corridors, wetlands and slopes greater than 15%; and environmentally sensitive areas, including 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 not addressed elsewhere in the EIS. The analysis should include a quantification of predevelopment and post-development conditions on the site.
(m)
Energy conservation. A description of the site in terms of its physical orientation to solar access and prevailing winds, addressing the building and site design and arrangement in terms of energy efficient principles and maximum utilization of renewable energy sources.
(n)
Environmental protective measures. The EIS shall contain a listing of all environmental protective measures which will be used should the proposed project be implemented. These are measures which will avoid or minimize adverse effects on the natural and man-made environment of the site and region during the construction and operation of the facility.
(o)
Adverse impacts which cannot be avoided. The EIS shall contain a summary list, without discussion, of the potential adverse environmental impacts which cannot be avoided should the proposed project be implemented. Short-term impacts should be distinguished from irreversible impacts. Any impacts on critical areas, which include but are not limited to streams, floodways, wetlands, slopes of 15% or greater; and environmentally sensitive areas, which include but are not limited to highly erodible soils, areas of high water table, aquifer recharge areas and mature stands of native vegetation, should specify the type of criteria involved and the extent of similar areas which will not be affected.
(p)
Summary environmental assessment. The EIS shall contain a concise summary of the environmental impact assessment for the proposed project. This summary will evaluate the adverse and positive environmental effect of the project should it be implemented and the public benefits expected to derive from the project, if any.
(q)
Permits. List any permits required for this project from Federal, State, local, or other governmental agencies, including the name of the issuing agency, whether the permit has been applied for, and if so, the date of the application, whether the application was approved or denied (include date) or is pending, and the number of the application or permit.
(r)
A listing and assessment of the probable impact of the project on the environment and community including both adverse and beneficial effects, based on the pertinent items enumerated under Subsection 40-12.2c4(a) through (m).
(s)
A thorough discussion of steps to be taken, during and after construction, to minimize adverse impacts to the development site and probable off-site impacts.
d.
Planning Board/Board of Adjustment Review.
1.
In reviewing an EIS the Planning Board/Board of Adjustment shall take into consideration the effect of the proposed project upon all aspects of the environment, including but not limited to sewage disposal, water quality, water supply, preservation of trees and vegetation, the protection of watercourses, protection of air resources, protection of aquifers, protection of public lands and their uses and ecosystems and the avoidance of any nuisance factors.
2.
The Planning Board/Board of Adjustment will submit the EIS for review to the Environmental Commission and may submit such statement to such other governmental bodies and to such consultants, as it may deem appropriate. The Planning Board/Board of Adjustment shall request that an advisory report shall be made to it by the governmental body or consultant within 45 days of the submission of the EIS to such governmental body or such consultant.
3.
The Planning Board/Board of Adjustment may reject the proposed project on an environmental basis, if it can reasonably determine that the proposed project:
4.
Any applicant may appeal a rejected EIS to the Borough of Belmar Mayor and Council. The applicant must submit this appeal in writing and pay all expenses incurred by the Borough during the appeal and review process.
5.
Conditions. The steps to be taken to minimize the adverse environmental impacts during construction and operation and the alternatives which may be approved by the Planning Board shall constitute conditions of the approval of the EIS, together with such other conditions as the Planning Board/Board of Adjustment may impose. No certificate of occupancy shall be issued until compliance shall have been made with such conditions.
[1]
Editor's Note: The Document Requirements can be found as an attachment to this chapter.