a. Purpose and Scope.
Each application for development shall be reviewed to ascertain whether such development will produce an adverse impact to the environment. Such review will seek to minimize, to most practical extent possible, any probable impacts to air, water, and aesthetic quality, as well as minimize traffic, noise, dust and other impacts.
b. When Required. The City Engineer, City Planner and City Environmental Health Specialist, when reviewing an application for development, shall require the preparation of an environmental impact statement in the following cases:
1. A significant percentage (twenty-five (25%) percent or more) of the property is within or borders a floodplain.
2. The proposed development exceeds twenty-five (25) dwellings per acre.
3. Direct exposure to heavy traffic (e.g. New Jersey Turnpike, Bayonne Bridge).
4. Areas where noise and dust are problems (e.g. adjacent to heavy industry).
5. Areas where aesthetic impact is substantial.
6. Industrial activities involving the use, processing or manufacture of hazardous, toxic or corrosive substances as defined and named in regulations promulgated by the United States Environmental Protection Agency (U.S.E.P.A.).
7. Areas planned for twenty-five (25) or more residential dwelling units.
The described areas of concern are by way of direction for the reviewing Board and not by way of limitation. The reviewing Board may waive portions of the environmental impact statement requirements upon a finding that a complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project.
c. Review by Bayonne Environmental Commission.
The Board, before taking any action hereunder, shall review the written comments of the Bayonne Environmental Commission. In the event the Bayonne Environmental Commission fails to provide its written comments to the Board within thirty (30) days of its being provided with a copy of the land development application, the Board shall be free to take action pursuant hereto without reviewing the Environmental Commission's comments.
d. Contents of Environmental Impact Statement (EIS).
All environmental impact statements shall consist of written and graphic materials that clearly present the following information:
1. Professional qualifications of the preparer(s) of the report.
2. General statement describing the scope of the proposed project. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed and the uses intended. The resident population, working population and visitor population shall be estimated.
3. The compatibility or incompatibility of the proposed project shall be described in relation to the following: City of Bayonne Master Plan, City of Bayonne Planning and Development Ordinance, City of Bayonne Zoning Ordinance, the Hudson County Master Plan and the New Jersey State Development and Redevelopment Plan.
4. A listing of all licenses, permits or other approvals as required by law for any past or current applications and the status of each are to be provided. This list shall include, but is not limited to, approvals required by the City and agencies of the County, State and Federal governments. Where approvals have been granted, copies of said approvals shall be attached. Where approvals are pending, a note shall be made to that effect.
5. A statement and data supporting the suitability of the site for the intended use. This shall include a description of environmental conditions including:
(a) Topography. A description and map of the topographic conditions of the site shall be provided.
(b) Contamination. Information regarding the presence or absence of environmental contamination, including the presence of known or suspected contaminants on the site, prior uses of the property, the status of any past or present administrative or judicial proceeding involving contamination or remediation or contamination on the site. In appropriate cases, the Board may require similar information with regard to surrounding sites.
(c) Critical areas. A description and map of the wetland areas, wetland buffers, steep slopes, areas of known rare and endangered spaces and flood plains on the site shall be provided.
(d) Surface water. A description and map of existing watercourses and water bodies that are partially or totally on the site shall be identified and riparian issues which may be relevant to the development.
(e) Unique, scenic and/or historic features. Describe and map those portions of the site that can be considered to have unique, scenic and/or historic qualities and any scenic view from the site.
(f) Miscellaneous. When warranted, an analysis shall be conducted of existing air quality and noise levels as prescribed by the New Jersey Department of Environmental Protection. When warranted, the Board may also request delineation of conditions on adjacent properties.
6. A description of negative and positive impacts taken before, during and after construction shall be described including efforts to minimize the adverse environmental effects. Areas of specific concern include the following:
(a) Soil erosion and sedimentation resulting from surface runoff.
(c) Degradation of surface water quality.
(d) Sewage disposal.
(e) Solid waste disposal.
(f) Destruction or degradation of scenic and historic features on and off-site.
(g) Air quality degradation.
(h) Noise levels.
(i) Lighting levels including trespass lighting.
(j) Effect on the community including projected population increase, increase in municipal and school services, consequences to the municipal tax structure.
7. Environmental Performance Controls. The applicant shall indicate the measures that will be employed during the planning, construction and operation phases of the project to minimize or eliminate negative impacts on and off-site. Of specific interests are:
(a) Stormwater management plans and plans for soil erosion and sedimentation controls.
(b) Water supply and water conservation proposals.
(c) Screening and landscaping intended to enhance the compatibility of the development with adjacent areas.
(d) Miscellaneous on and off-site public improvements.
8. The EIS shall state the site design and project location alternatives to the proposed project including, description of alternative development lands considered to avoid some or all of the adverse environmental effects with the rationale for each alternate. This section of the report requires an applicant to describe the decision making process of project design.
e. Documentation. All publications, file reports, manuscripts or other written sources of information that were consulted in preparation of the environmental impact statement shall be listed and footnoted.
f. Mitigation. Applicants shall be encouraged or required to provide suitable mitigation for all adverse environmental impacts and other conditions identified in the EIS and/or in the course of the public hearing. The Board shall also have the right to require any additional areas to be included in the EIS study when site conditions warrant.
(Ord. No. O-01-46 § 32-4.9)
a. Purpose. A Technical Review Committee shall be established to facilitate the review process for potential applicants and to assist the Planning Board and Board of Adjustment in their review of all applications for development or other requests presented to either board.
b. Membership. The Committee shall be chaired by the Head of the Division of Community Development or designated full-time City staff member and shall include the City Zoning Officer, Planning Consultant, Planning Board Attorney, Planning Board Secretary and the City Environmental Officer
For applications heard by the Zoning Board of Adjustment, the Attorney and Secretary of the Board of Adjustment shall substitute for the Planning Board Attorney and Secretary The Chairman of the Planning Board may request the attendance of a representative of the Bayonne Municipal Utilities Authority or the Historic Preservation Commission, a member of the public, or any other municipal, County or State official whose particular expertise may be required on a specific application.
c. Responsibilities. The Committee shall have the following responsibilities:
1. To meet with potential applicants to provide technical and design comments on approved development.
2. To determine compliance with the technical standards set forth in this chapter.
3. To make recommendations on the design and technical element of any application.
4. To recommend to the Board whether an EIS should be required.
(Ord. No. O-01-46 § 32-4.10; Ord. No. O-09-28 § 2)
a. Request for Review. Prior to the submittal of an application for development, the Planning Board may grant the applicant an informal concept plan review. The concept plan is a general plan that need not be fully engineered. The plan or plat should be sufficiently detailed to allow the Planning Board to make suggestions on general site design and layout circulation, stormwater management, location of open space and buffers, building arrangements and to determine how the proposal meets the City's development goals and objectives. Informal review is intended to:
1. Provide the Planning Board or Committee input in the early stages of subdivision and site plan design.
2. Acquaint the applicant with the substantive and procedural requirements of the subdivision and site plan ordinance;
3. Provide for an exchange of information regarding the proposed development plan and applicable elements of the Master Plan, Zoning Ordinance and other development requirements;
4. Advise the applicant of any public sources of information that may aid the application;
5. Identify policies and regulations that create opportunities or pose significant constraints for the proposed development;
6. Consider opportunities to increase development benefits and mitigate undesirable project consequences;
7. Permit input into the general design of the project.
b. Documents and Fees to be Submitted. Applicants seeking review of a concept plan shall provide sixteen (16) copies of the plan and one (1) copy of the completed application and the required review fees to the Planning Board Secretary at least (30) thirty days before a Board hearing upon which a concept review is scheduled.
c. Effect of Informal Review. Neither the applicant nor the Board is bound by any concept plan or informal review. The amount of any fees for such informal review shall be a credit toward fees for review of the application for development.
(Ord. No. O-01-46 § 32-4.11)
a. Purpose. Demolition shall be considered a form of development having the potential to affect community character; preservation of neighborhoods; public health, safety and welfare; and the integrity City Master Plan and Zoning Ordinance. In order to address these issues, proposals for demolition shall require an administrative approval from the Bureau of Planning and Zoning and Office of the City Engineer prior to the issuance of a demolition permit by the City Bureau of Building. Proposals for demolition shall also be reviewed by the City Bureau of Building and Health Division and may be reviewed by other City agencies and departments including but not limited to the Bayonne Municipal Utilities Authority, Environmental Commission, Historic Preservation Commission, etc.
b. Applicability. The requirement for administrative approval to demolish a building(s) shall apply to all existing residential buildings, structures and properties in residential zone districts and buildings or properties fronting Broadway. This requirement may be waived in redevelopment areas and for development projects that have received land use approval from the Planning Board or Zoning Board of Adjustment. It shall not apply to the demolition of existing buildings or structures by other governmental agencies.
c. Minimum Time Frame Before Issuance of Administrative Approval. No administrative approval or demolition permit shall be issued before a period of thirty (30) days has elapsed from the date of submission of a fully completed administrative application for demolition or permit application for demolition. This requirement may be modified or waived in the event of emergency or imminent threat to the public health, safety and welfare as determined by the Office of the City Engineer and City Planner.
d. Administrative Requirements.
1. Application for administrative approval.
2. As-built property survey indicating existing conditions.
3. Plot plan indicating proposed conditions with development summary and architectural plans, if applicable.
e. Performance Bond. A performance bond complying with Section 33-9, Performance and Maintenance Guarantees, shall be provided upon issuance of administrative approval to guarantee proper demolition, maintain site security, ensure public safety and maintenance of improvements such as fencing. Said bond shall be based upon a cost estimate supplied by the applicant and reviewed and approved by the City Engineer.
f. Fees. The application fee shall be $100.00 for properties that are 5,000 s.f. or less, $150.00 for properties that are between 5,001 s.f. and 10,000 s.f. and $200.00 for properties that are greater than 10,000 s.f. in area.
g. Referral to Planning Board, Technical Review Committee. In the event that a proposal for demolition raises substantial engineering, planning, zoning or development issues the application may be referred to the City Technical Review Committee or Planning Board for review and action.
(Ord. No. O-07-22 § 1; Ord. No. O-09-28 § 2)
