Manalapan Township City Zoning Code
§ 95-12.3
Environmental impact statement.
[Amended by Ord. No. 97-18]
A.
Purpose. It is hereby recognized that the unplanned and unregulated development and use of land may have an adverse impact upon the environment of the Township, and the data concerning the potential environmental impact of the use and development of land should be collected, compiled, analyzed and reported upon and that such a report will be of considerable value for the proper evaluation and review of land uses and individual development applications.
B.
An environmental impact statement (EIS) shall accompany all applications for preliminary approval of subdivisions and site plans and shall provide the information needed to evaluate the effects of the proposed subdivision or site plan upon the environment.
C.
Contents of the environmental impact statement. The EIS shall include a description of the proposed subdivision or developments and the existing environment. An analysis of alternatives based on impacts to the environment encompassing the following shall be included.
(1)
Hydrology.
(2)
Topography.
(3)
Geology.
(4)
Air quality.
(5)
Noise.
(6)
Biology.
(7)
Socioeconomic.
(8)
Transportation.
(9)
Energy.
(10)
Land use.
(11)
Archaeology.
(12)
Aesthetics.
(13)
Soil and minerals.
(14)
A description of the consistency of the proposed environmental impact of the project if, implemented, during all phases of site preparation, construction and operation including the following shall be submitted:
(a)
Discussion of the consistency of the proposed project with accepted federal, state, regional, county and local plans in progress (master plans and zoning ordinances);
(b)
Discussion of how the proposed project will encourage or discourage population and industrial growth;
(c)
Detailed description of 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;
(d)
Discussion of whether and to what extent the proposed project will result in the loss or alteration of any and all environmental sensitive areas;
(e)
Identification and discussion of 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;
(f)
Discussions of the beneficial and adverse effects of the proposed project on aquatic biota and habitat;
(g)
Discussions of the effects the proposed project will have on groundwater quality and quantity and the basis for such determinations;
(h)
Discussion and description of water usage, including effect on infiltration capacity and future water supply;
(i)
Discussion of any environmental effects from thermal discharges;
(j)
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;
(k)
Discussion of ambient air quality data, present and projected, with due regard to cumulative aspects, so that direct comparison may be made between present air quality, projected air quality and air quality standards, considering the effect on nearby residences and businesses;
(l)
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;
(m)
Discussion of the precautions taken to prevent the dissemination or any airborne transportation of pathogenic organisms;
(n)
Discussion of the gain or loss of aquatic and terrestrial wildlife habitat and its effect;
(o)
Discussion of the gain or loss of food chain on the aquatic and terrestrial wildlife;
(p)
Discussion of the effect of noise, dust, lighting, turbidity and siltation from construction and operation upon aquatic and terrestrial wildlife;
(q)
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);
(r)
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;
(s)
Description of any and all effects on the recreational capabilities of the neighborhood and Township;
(t)
Discussion of how the project will affect historical, archaeological and/or cultural resources;
(u)
Discussion of the proposed methods for solid waste handling and disposal;
(v)
Graphic description of the shadows cast by any structures.
(15)
A 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, shall be submitted and shall include the following:
(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;
(d)
Identification of all permits required for the proposed development and further identification of any waivers or modifications proposed as part of the permit application process.
(16)
A 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 shall be submitted and shall include the following:
(17)
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 the future generations.
(18)
A discussion of the prior use of any hazardous substances on the land. Such discussion shall describe the extent, if any, of the prior use of hazardous substances on the land for manufacturing or related processes, storage, treatment and disposal for a previous period of not less than 25 years from the date in which the application was filed nor more than 50 years. For the purposes of this chapter, hazardous substances shall mean those elements and compounds, including petroleum products, which are defined as such by the Department of Environmental Protection, inclusive of the list of hazardous substances adopted by the Environmental Protection Agency pursuant to Section 311 of the "Federal Water Pollution Control Act Amendments of 1972" (33 U.S.C. 1321) and the list of toxic pollutants designated by Congress or the Environmental Protection Agency pursuant to Section 307 of that act (33 U.S.C. 1317) except that sewage and sewage sludge shall not be considered as hazardous substance for the purposes of this section.
(19)
Identification and discussion of any historic pesticides used on the subject site. If a property is currently or has historically been used for agricultural purposes, the following additional requirements shall apply:
[Added 7-14-2010 by Ord. No. 2010-08]
(a)
Sampling, analysis, and remediation shall be conducted for lead, arsenic, organic pesticides and other contaminants consistent with the New Jersey Department of Environmental Protection’s (NJDEP’s) “Findings and Recommendations for the Remediation of Historic Pesticide Contamination” (March 1999) and any subsequent revisions or amendments to that document.
(b)
The number of soil samples collected and analyzed shall be in accordance with NJDEP recommendations, with a minimum of one sample collected from each proposed building lot and from each lot transferred or dedicated to the Township or other government agency or to a homeowners' association.
(c)
For proposed residential development, the soil samples shall be collected from the rear yards of each proposed lot.
(d)
The EIS shall include a sample location plan, the sample depth interval, the laboratory analytical data, a comparison of the data to the applicable NJDEP soil remediation standards (N.J.A.C 7:26D), and a discussion of the results, including whether or not remediation is necessary.
(e)
Remediation, if necessary, shall be conducted in accordance with applicable NJDEP requirements.
D.
Preparation and form of the environmental impact study.
(1)
The analysis should be in the form of a report using the following format:
(a)
Cover sheet.
(b)
Executive summary.
(c)
Table of contents.
(d)
Purpose and need of action.
(e)
Alternatives including proposed action.
(f)
Affected environment.
(g)
Environmental consequences of alternatives.
(h)
List of agencies having jurisdiction over project and distribution list for the analysis.
(i)
List of preparers.
(j)
Appendices.
(2)
Preparation of environmental impact statement. The environmental impact statement shall be prepared by a competent consultant or consultants, firm, agency, individual or persons. The applicant must provide written documentation to the Board at the time the environmental impact statement is submitted as to the qualifications and experience of such consultant, consultants, firm, agency, individual or persons selected and paid for by the applicant.
E.
Submission of environmental impact statement.
(1)
The applicant shall submit five copies and one electronic version of the environmental impact statement, and the EIS shall be distributed as follows:
[Amended 7-26-2017 by Ord. No. 2017-16]
(2)
In reviewing the environmental impact statement, the Board may refer the report to a qualified consultant, at the applicant's expense, to obtain comments and suggestions with respect thereto, and may consider such information in deciding whether to approve, request modifications, formulate terms or conditions subject to which approval may be given, or reject the applicant.
(3)
For the purposes of this article, "Board" shall mean those bodies established pursuant to N.J.S.A. 40:55D-23 and N.J.S.A. 40:55D-69.
F.
Waiver of the environmental impact statement requirement. The Board may waive the requirement for all or part of the environmental impact statement if the proposed development will have a slight environmental impact, or upon a finding that the complete report is not needed in order to evaluate the environmental impact. An applicant seeking a waiver for all or a part of the environmental impact statement shall submit such request in writing at the time of filing the development application with the Board. The Board shall act upon same request within the forty-five-day period for determination of completeness.