Milltown City Zoning Code
§ 34-33.8
Environmental Impact Statement.
[Ord. No. 919 Art. XVIII]
a.
Purpose. The purpose of this section is to establish rules, regulations, standards and procedures for the preparation of an environmental impact statement by the applicant in order to provide essential information to the Planning Board so that the environmental consequences of a proposed activity can be evaluated and controlled for the promotion of the safety, public health, convenience and general welfare of the community. The environmental impact statement shall describe, with suitable sketches and plans, the proposed project. The environmental impact statement shall compliment, rather than duplicate, the site plan and building plan and shall include a survey and description of the environmental features of the property.
[Amended 11-9-2020 by Ord. No. 2020-1494]
b.
Applicability. All applications for subdivision, site plan, use variance, or conditional use for any application involving one acre (32,560 square feet) or more of land, shall be required to include an environmental impact statement as part of the application submission documentation.
c.
Prior to submitting a preliminary plat for any application involving more than one acre of land, the applicant shall use the Borough's Master Plan or the Soil Conservation Service maps to present an overview of the natural limitations of the site and to guide the layout of the proposed development. These maps will aid in locating soil types, topography, slopes, surface water, aquifers, depth to water table, floodplains, vegetation, foundation limitations, erosion potential and septic suitability. With regard to freshwater wetlands, mapping showing the general location of wetlands in available from the New Jersey Department of Environmental Protection and Energy (NJDEPE) and should be utilized for preparing the overview of natural limitations. It is anticipated that major areas of concern can be identified and agreed upon by use of this generalized data at an early stage in order to avoid development designs that will encroach upon the major environmental problem areas. Where environmentally sensitive areas identified by this general data must be encroached upon, the environmental impact statement submitted at the preliminary plat stage can analyze the problem in more detail based on on-site evaluations, but limiting the analysis to the smaller areas of concern.
d.
The preliminary plat for any development of one acre or more shall be accompanied by an environmental impact statement complying with the following, unless as a result of data submitted prior to the preliminary plat, the Approving Authority shall have waived or modified certain portions of these requirements:
1.
A description of the development specifying what is to be done during construction and operation, how it is to be done, and practical alternate plans to achieve the objective(s).
2.
An inventory of the following on-site environmental conditions and an assessment of the probable impact of the development upon them: water supply; water quality; floodplain protection; geology; soil erosion; wetlands; sewage disposal; topography; slopes in excess of 10% vegetation and vegetation protection; depth to bedrock; noise characteristics and levels; air quality; land use; site aesthetics, such as views, terrain and mature wooded areas; and historic sites. 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 Soil Conservation Service categories and characteristics.
3.
A list and the status of the licenses, permits and approvals needed from Federal, State or County agencies, including the conclusions and comments of these governmental agencies.
4.
An evaluation of any adverse environmental impacts which cannot be avoided. Particular emphasis shall be placed upon air or water pollution, traffic increases, increase in noise, increase in sedimentation and siltation, increase in municipal services or capital needs and consequences to the municipal tax structure. The evaluation should include how the developer can assist in minimizing the adverse impacts by altering design concepts or by making, or participating in, on- or off-tract improvements.
5.
In conjunction with the submission of an Environmental Impact Statement, the applicant shall prepare and submit a Fiscal Impact Analysis which shall detail all municipal costs to be generated by the proposed development, identified by type of obligation such as, but not limited to: public safety, public works, health and welfare, recreation, education, administration, utilities, garbage, etc. All anticipated municipal revenues to be realized by the creation of the proposed development shall be identified. In both cost and revenue analysis, dollar values used shall reflect the current year of application budgeting dollar equivalents for comparative purposes. A determination of annual net cost/revenue shall be provided. This cost revenue analysis shall be provided via annual projection to the year of projected 100% project buildout completion.
e.
Information Required.
1.
General Requirements. The information required shall be presented in a concise descriptive report. The descriptive report shall be supplemented with graphic and explanatory material when environmentally sensitive areas are involved. Environmentally sensitive areas include, but are not limited to, stream corridors and floodplains, depth to bedrock of less than two feet, streams and water bodies, wetlands, slopes greater than 10%, highly acid, or erodible soils, mature stands of trees, aquifer recharge areas, aquifer discharge areas and unique natural features and habitats.
2.
Specific Requirements.
(a)
Project description. Describe the suitability of the site for the intended use and indicate the extent to which the site must be altered, the kinds of facilities to be constructed, the uses intended and an estimate of the resident population and working population. The compatibility or incompatibility of the proposed project shall be described in relation to the following:
(b)
Site description and inventory.
(1)
Types of soil. A complete mapping of all soil types on the site shall be required and a description of each soil's characteristics shall be included, with a reference to the Soil Survey of Middlesex County, New Jersey. The statement should make specific reference to the Soil Survey Tables for Engineering Index Properties, Soil and Water Features, and, where applicable, Sanitary Facilities.
(2)
Topography. Describe the topographic conditions of the site.
(3)
Geology. Describe the geologic formations and features associated with the site as well as depth to bedrock conditions. Delineate those areas where bedrock is in close proximity to the surface (within two feet of the surface), as well as major rock outcroppings.
(4)
Vegetation. Map and describe the diversity and frequency of all major species.
(5)
Wetlands. A presence/absence letter indicating whether wetlands exist on a property shall be obtained from NJDEPE. If it is known or anticipated that wetlands exist on a property and in lieu of a presence/absence letter, a Letter of Interpretation (LOI) shall be obtained from NJDEP. Any wetland delineation shall be shown on the site plan and/or subdivision maps as well as support documents for the Environmental Impact Statement.
(6)
Wildlife. Describe the diversity and extent of wildlife habitats. Identify any unique habitats.
(7)
Surface water. Describe and map existing watercourses and water bodies that are partially or totally on the site. Determine the existing surface runoff from the site. Existing drainage structures shall be mapped and the capacity of the drainage network shall be determined. When the natural drainage pattern will be significantly altered or sewage effluent is to be added to a watercourse or body, an analysis shall be conducted which will investigate flow, depth, capacity and water quality of the receiving waters.
(8)
Subsurface water. Where existing conditions warrant, describe the subsurface water conditions on the site, in terms of both depth to groundwater and of water supply capabilities of the site. From existing data, provide detailed information regarding existing wells within 500 feet of the site as to depth, capacity and water quality.
(9)
Unique, scenic and/or historic features. Describe and map those portions of the site which can be considered to have unique scenic and/or historic qualities. Discuss views to and views from prominent locations.
(10)
Existing development features. Describe any existing features on the site that are not considered to be part of the natural environment. Include roads, housing units, accessory structures, utility lines, sewage facilities and public water supplies. When required, a regional analysis should be included which describes existing infrastructure for stormwater, sewerage, water supply and transportation.
(c)
Environmental Impact.
(1)
Describe on-site sewerage facilities and off-site sewerage conditions. Demonstrate adequacy of both on-site and off-site sewerage facilities and capacities and that the sewage can be disposed of without pollution to natural and manmade water systems.
(2)
Demonstrate that an adequate potable water supply is available for both domestic use and fire protection and demonstrate compliance with N.J.S.A. 58:12A-1 et seq., New Jersey Safe Drinking Water Act, and BH Chapter 4, Individual and Semi-Public Water Supply Code.
(3)
Discuss the effect of the proposed activity on ground and surface water quality and quantity. Include calculations of before-development and after-development infiltration capacity. Describe any activities which may result, even temporarily, in compliance with relevant water quality standards and demonstrate ability to comply permanently with State and local regulations as set forth in N.J.S.A. 26:3B-2 and 3, Nuisances, N.J.A.C. 7:14, Water Pollution Control Act, N.J.A.C. 7:14A-1, New Jersey Pollution Discharge Elimination System, BH Chapter 2, Section 2-11c., Public Health Nuisance Code, and BH Chapter 12, Water Supply Protection.
(4)
Describe any impact on stream corridors, wetlands, erodible soils, vegetation, wildlife habitats, aquifer recharge areas and historically or archaeologically significant areas.
(5)
Describe an effect, including cumulative effects, of the proposed activity on air quality surrounding the project. Demonstrate compliance with relevant State and local regulations and standards for visible and invisible pollutants in the air as set forth in N.J.A.C. 27, Air Pollution Control, BH Chapter 2, Section 2-11d., Public Health Nuisance Code, and BH Chapter 16, Air Pollution Control.
(6)
Demonstrate that there will be no significant increase in sound levels which will adversely impact public health and welfare nor be detrimental to the quality of life and privacy of the surrounding community. Demonstrate compliance with N.J.A.C. 7:29, Noise Control, and BH Chapter 2, Section 2-11c., Public Health Nuisance Code.
(7)
Describe any hazardous substances to be transported to or from or to be stored at the site and solid waste which will be generated by the proposed activity. Demonstrate compliance with relevant State and local regulations and standards as set forth in N.J.S.A. 13:1K-6, Environmental Cleanup and Responsibility Act, N.J.A.C. 7:19, Discharges of Petroleum and Other Hazardous Substances, N.J.A.C. 7:30, Pesticide Control, and BH Chapter 17, Hazardous Substance Control.
(8)
Describe the environmental impact of traffic generation.
(9)
Describe any adverse environmental effect that may occur during the construction phase of the project.
(10)
List all publications, file reports, manuscripts or other written sources of information related to the project, the project site and the Borough which were consulted and employed in the compilation of the Environmental Impact Statement.
(11)
Demonstrate that there will be no adverse impact to environmentally sensitive areas from the proposed development.
(12)
Demonstrate that there will be no adverse impact to traffic safety from the proposed development.
(d)
Environmental performance controls. Describe in detail what measures will be employed during the planning, construction and operation phases which will minimize or eliminate negative impacts on and off-site resulting from the proposed activity, but not limited to:
(1)
Site design techniques sensitive to the natural environment, which should include innovative landscapes, building and circulation design and buffers.
(2)
Drainage plans which would limit off-site runoff.
(3)
Sewage disposal techniques.
(4)
Water supply and water conservation proposals.
(5)
Energy conservation measures.
(6)
Pollution control measures that favorably affect air quality and water quality and reduce noise.
(7)
Open space reserves.
(8)
Procedures for chemical spill prevention, control and cleanup.
(e)
The name and address of the person, persons, or entity who prepared the Environmental Impact Statement and their curriculum vitae.
f.
Disposition. The Planning Board shall use the environmental impact, and where appropriate, formulate reasonable and necessary conditions of approval which will mitigate adverse environmental impact.
[Amended 11-9-2020 by Ord. No. 2020-1494]
g.
Notwithstanding the foregoing, the Approving Authority may waive the requirement for all or part of an Environmental Impact Statement if sufficient evidence is submitted to support a conclusion that the proposed development will have a slight or negligible environmental impact, or upon a finding that the complete report need not be prepared in order to evaluate the environmental impact of the development.