Wanaque City Zoning Code
ARTICLE XIII
Environmental Impact Statement
§ 114-83 Legislative intent.
It is the intent and purpose of this article to provide proper guidelines and requirements for an environmental impact statement to be filed in conjunction with an application for development requiring the disturbance of more than 5,000 square feet of land area and in support of any other proposed site disturbances within the Borough of Wanaque, as er defined below.
§ 114-84 Definitions.
As used in this article, the following terms shall have the meanings indicated:
The appropriate administrative authority having jurisdiction over the particular application pursuant to the ordinances of the Borough of Wanaque. In the case of an application for development, the review and approval of an environmental impact statement shall rest with the agency having jurisdiction over the application. Where there is no specific jurisdiction granted under the Borough ordinances, the review and approval agency in all other cases shall be the Borough Planning Board.
A description and analysis of all possible direct and indirect effects that a proposed development will have on the site itself, as well as adjacent and noncontiguous areas, with particular reference to the effect of the project on the public safety, health and welfare, the protection of public and private property and the protection, preservation and enhancement of the natural environment.
Any plot, parcel or tract of land.
§ 114-85 Approval required.
No site shall be disturbed or developed within the Borough of Wanaque by any person, partnership, corporation, public agency or entity within the municipality unless an environmental impact statement has been approved by the board in accordance with the specifications and procedures required by this article except as authorized by the appropriate Borough official to obtain data necessary to comply with state, county and municipal requirements. The Borough of Wanaque and other public bodies, including churches, boards of education and counties, shall abide by this article.
§ 114-86 Preparation; requirements; exemptions.
A.
The applicant is responsible for selecting a qualified person or persons to prepare the environmental impact statement. The name(s) and address(es) of the person(s) preparing the environmental impact statement and a list of qualifications shall be included in the document.
B.
An environmental impact statement shall be required in conjunction with any application before the appropriate board which proposes the disturbance of more than 5,000 square feet of land area and prior to the issuance of any permit or the commencement of any activity within the Borough of Wanaque which will result in the disturbance of more than 5,000 square feet of land area and in conjunction with any application, permit, request or activity, regardless of the size of the property, which is located in any critical area or which, in the opinion of the appropriate agency or official, might create a potential environmental hazard to the health, safety and welfare of the public.
C.
An application for a single one-family detached dwelling which would result in the disturbance of more than 5,000 square feet, but less than 10,000 square feet, of land area shall be exempt from the requirements of this article.
D.
Any minor subdivision or minor site plan as defined by the Borough Subdivision Ordinance[1] shall be exempt unless located in a critical area or unless the development might create a potential environmental hazard to the health, safety or welfare of the public in the opinion of the board considering the application.
E.
The board shall have the right to waive the requirements for an environmental impact statement in whole or in part for an application upon a finding that the data required is not necessary to determine whether the proposed project might create a hazard to the environmental health, safety and welfare of the public.
§ 114-87 Required data.
The environmental impact statement shall contain information and analysis with respect to the following:
B.
Inventory of existing environmental conditions at the project site and in the surrounding region, which shall describe air quality, water quality, water supply, hydrology, both surface and subsurface, geology, soils, vegetation (including deciduous trees of six-inch or greater diameter at breast height), coniferous trees of six-inch or greater diameter, desirable shrubs and ground covers worthy of protection, wildlife, aesthetics, view sheds, rock outcroppings, unusual or significant groupings of trees or vegetation and historical sites. Water and air quality are defined in accordance with guidelines established by the State of New Jersey, Department of Environmental Protection and the United States Environmental Protection Agency. The description of soils is to conform to the definition and terminology used by the Soil Conservation District.
C.
An assessment of the probable impact of the project, both adverse and beneficial, on the topics described in Subsection B above.
D.
Any probable adverse environmental effects, including but not limited to:
(1)
Diminished water quality.
(2)
Diminished air quality.
(3)
Increased noise levels.
(4)
Excessive or undesirable illumination of surrounding areas.
(5)
Undesirable land use.
(6)
Damage to or destruction of significant plant or wildlife systems.
(7)
Damage to aesthetic values.
(8)
Destruction of natural resources.
(9)
Displacement of people and business.
(10)
Destruction of farms used during the last five years.
(11)
Undesirable effects on employment, property taxes and municipal services.
(12)
Destruction of man-made resources and damage to recreational areas.
(13)
Disruption of desirable community and regional growth.
(14)
Jeopardy to health, safety and well-being of the public and immediate neighbors.
(15)
Excessive traffic.
(16)
All of the above as it affects an adjoining municipality.
(17)
Soil erosion.
E.
A thorough discussion of the steps to be taken, including description and timetable before, during and after construction, both at the project site and in the surrounding area, to minimize the adverse environmental effects as described in Subsection D above.
F.
Alternatives to the proposed project, including:
(1)
That of no project.
(2)
A description of alternatives with an objective evaluation of the alternatives that might avoid some or all of the adverse environmental effects with the rationale for acceptability or nonacceptability of each alternative.
(3)
An analysis of the costs of social impact of the alternatives.
G.
Implications of the proposed action for population distribution or concentration should be estimated and an assessment made of any possible change in population patterns upon the area impacted, including land use, water and public services.
H.
A listing of all licenses, permits or other approvals as required by municipal, county and state law, and the status of each.
I.
A reference list of pertinent published information relating to the project, project site and surrounding region used in the preparation of the environmental impact statement shall be submitted.
J.
Particular data are required as to:
(1)
Sewerage facilities. The applicant must show:
(a)
Compliance with state and local health regulations.
(b)
If disposal is on-site, the applicant is to include a soil analysis, percolation tests for every five acres and every building site, location of aquifers, depth and capacity of all wells within 200 feet of the disposal site and other pertinent data.
(c)
If disposal is off-site, the applicant is to include data on plant design capacity, capacity of plant to treat industrial or commercial wastes, when applicable, and any other pertinent data.
(d)
Flows, existing and future, expected from any approved subdivision which are dependent upon the same facilities.
(2)
Water supply. The applicant must show:
(a)
Compliance with state and local regulations.
(b)
Location and depth of all private and public water supplies within 200 feet of the realty improvement.
(c)
Location, depth and adequacy of off-site and on-site private or public water supplies to serve the proposed realty improvement.
(d)
That the semipublic water supply is adequate.
(3)
Drainage. The applicant must show:
(a)
The volume of stormwater runoff from the site and the volume to be generated by new improvements.
(b)
Any increase in the rate of velocity of runoff and change in drainage patterns.
(c)
Plans for disposition of stormwater, whether by retention on-site or other means, to protect downstream property.
(d)
Floodplains. A description of potential flood conditions or damages, including a summary of flood stages from state and federal sources.
(e)
Proposals for soil erosion and sedimentation control.
(4)
Solid waste disposal. The applicant must submit a plan for disposal in compliance with the State Sanitary Code.
(5)
Energy use. The applicant must submit information on the utilities' capacity to satisfy needs of development.
§ 114-88 Review procedures.
A.
Twenty copies of the environmental impact statement shall be submitted to the secretary of the board at the time of application. In the case of a subdivision or site plan application, the environmental impact statement shall be required with the submission of an application for preliminary approval. In the case of an environmental impact statement which is not in conjunction with a development application, the statement shall be filed with the Borough Clerk at the time of permit application and/or prior to commencement of any land disturbance activity.
B.
Upon receipt, copies of the environmental impact statement shall be distributed as follows:
(1)
One copy to each board member.
(2)
One copy to the Borough Planner.
(3)
One copy to the Borough Engineer.
(4)
One copy to the Borough Director of Health.
(5)
Three copies to the Environmental Commission, together with three copies of all maps, plats, applications and supporting data.
(6)
One copy to any other agency or individual as requested by the board.
(7)
Two copies are to remain on file in the Municipal Building for review by any member of the public.
C.
Each agency or individual designated by the board as provided above shall review the environmental impact statement as well as any other pertinent documents, inspect the site in question and make a report of his findings and recommendations to the board within 30 days of the date of filing the statement. Said time period can be extended by the board with the consent of the applicant.
D.
The board shall analyze and review the environmental impact statement along with the recommendations of all agencies and individuals listed above and make a determination within the time limits provided by law for action in the case of a subdivision or site plan or within 60 days of the date of filing in all other cases.
§ 114-89 Fees; escrow requirements.
A.
On the filing of any environmental impact statement, the party filing the same shall be required to pay a fee in the amount of $150 for each application.
B.
In the event that the environmental impact statement is filed together with any other application of development for which fees were paid and an escrow, if required, was deposited, then that applicant shall not be required to deposit any escrow amount. In the event that an environmental impact statement is not filed in conjunction with any other application for which fees and escrows have been paid, pursuant to the aforementioned section, then the applicant shall be required to post an escrow in the sum of $1,000 to be used for consulting fees.