Chester City Zoning Code
ARTICLE VIII
Environmental Protection
§ 163-65 Purpose and scope.
Prior to approving a preliminary plat of a major subdivision or a site plan involving five acres or more, the Planning Board or approving authority shall take into consideration the effect of the proposal for development upon the natural environment, particularly with respect to potable water, pollution of all kinds, flooding, waste material, soil erosion and the preservation of trees and other vegetation. The Planning Board or approving authority as the case may be, as part of its administrative review of environmental factors, shall give careful consideration to the review and recommendation of the New Jersey Department of Environmental Protection and Morris County Soil Conservation District, when applicable, as well as the local Board of Health and the Chester Borough Environmental Commission and all other reports that may be prepared on behalf of the Borough. To this end, the applicant shall provide all information needed to evaluate the impact of the project upon the environment as set forth in this section and to demonstrate that the proposal for development can meet all of the environmental protection standards.
§ 163-66 Contents of 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, during construction and operation. The description shall include, but 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 any freshwater wetlands and freshwater wetland transition areas on the subject site and an assessment of the impact the intended development is expected to have on such wetland and transition area resources, i.e., air quality, water quality, water supply, hydrology, geology, soils and properties thereof; 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 Morris County Soil Survey and the criteria contained in the Morris County Soil Conservation District Standards and Specifications.
C.
Assessment of environmental impact of project. An assessment supported by environmental data of the environmental impact of the project upon the factors described in § 163-66B hereof, and also include an evaluation of water use, liquid and solid wastes on the quality and quantity of surface and ground waters.
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 emphasis upon air or water pollution, increase in noise, damage to plant, tree and wildlife systems, displacement of people and businesses, displacement of existing farms, increase in sedimentation and siltation. 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 non-acceptability 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; after table; soil 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 site; 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 a frequency of occurrence of 10 years), plans for sewage treatment facility-local plans, state 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 sewage and health regulations.
H.
Water supply. A showing that an adequate potable 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); diversions expected from other approved subdivisions which are dependent upon the present diversions granted by the 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 realty improvement; geologic description of subsurface conditions, including expected groundwater yields (using published geologic reports or 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 potential of downstream flooding is not increased, and:
(1)
Volume and peak flow rates of stormwater runoff expected from undeveloped site and to be generated by new improvements. Include 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, tree and ground cover, existing on 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 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 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.
(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.
M.
Subterranean mines. The location, size and depth of all underground caverns and mines within one-hundred-fifty-foot perimeter of any proposed structure or improvement and, where on-site sewage is proposed, within 500 feet of the subject property.
§ 163-67 General provisions.
A.
Filing. Fourteen copies of the Environmental Impact Statement shall be submitted to the Chester Borough Planning Board, together with the filing fee prescribed in Article V hereof.
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, water supply, preservation of trees and vegetation, protection of watercourse; 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 may submit the Environmental Impact Statement for review to the Chester Borough Environmental Commission, 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:
C.
Conditions. The steps to be taken to minimize adverse environmental impacts during construction and operation under § 163-66E and the alternatives which may be approved by the Planning Board under § 163-66F 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, at its sole discretion, 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.
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.