A. The purpose of this article is to provide for environmental safeguards by requiring the submission of an environmental impact statement prior to issuance of soil movement and road opening permits, tree removal permits and prior to site plan approval or preliminary approval of a major subdivision.
B. An environmental impact statement is required to permit the Boonton Township Planning Board and the Board of Adjustment to assess the impact of the proposed project upon the environment, especially with respect to water and air resources, pollution of all kinds, drainage, waste disposal, the landscape or any other pertinent environmental factors.
The provisions and requirements of this article shall be held paramount to any corresponding or similar, but less restrictive, provisions and requirements of any existing law, ordinance, rule, regulation, deed or private covenant affecting lands and premises in the Township of Boonton.
An environmental impact statement is hereby required for all preliminary major subdivisions and for preliminary site plans, soil removal permits and tree removal permits. A single environmental impact statement shall satisfy the requirements of this chapter if more than one of the above types of applications is involved, so long as the subject matter of each type of application is covered by the single environmental impact statement.
This article covers the most complex cases, and the entire contents may not be applicable to less complex projects. An applicant seeking a waiver or exception from the requirements for an environmental impact statement or from any part thereof shall request such waiver or exception when filing an application for development. Said request shall be considered and acted upon as part of the Board's procedure for determining completeness of an application.
The environmental impact statement shall include the following:
A. Items listed in the applicable checklist for determining completeness of our application for development.
B. Plan and description of development. A project description, complete with maps and drawings, which shall specify what is to be done and how it is to be done during construction and operation shall be provided. The description shall include, but not be limited to, contours, buildings, roads, paved areas, grading and regrading, adjacent natural streams, stream encroachment boundaries, the project's relation to surrounding property and utility lines and buffer zones for noise and light control.
C. Inventory of existing environmental conditions. An inventory of existing environmental conditions at the project site and in the affected region shall be provided which shall describe sewer facilities, water supply, water quality, freshwater wetlands, hydrology air quality, surface and air traffic noise and light characteristics and levels, project noise, light, demography, critical areas, geology, topography, slope, soils and properties thereof, including capabilities and limitations, vegetation, wildlife, wildlife habitat, aquatic organisms, land use, aesthetics, historical sites and archeological features. Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey, as amended, and soils shall be described with reference to the Morris County Soil Conservation District Standards and Specifications, as amended.
D. Assessment of the anticipated impact of project. An assessment, supported by environmental data, of the environmental impact of the project shall be provided. The assessment shall include an analysis of the public costs, to include data, source and assumptions of the project, including but not limited to the costs of additional schools, roads, police, fire protection, water supply, sewerage disposal and other similar municipal services. When possible, the assessment shall describe the anticipated impacts with reference to standards as may be determined by federal, state and local statutes. The assessment shall:
(1) Sewerage facilities.
(a) Show the average daily number of gallons of sewage wastes to be produced by the project.
(b) If project is an expansion of an existing development, provide information of existing flows and disposal methods.
(c) Show that sewage can be disposed of through facilities adequate to preclude air and water pollution and:
[1] If disposal is on site, show data on underlying geology; water table; soils analysis; soil stratigraphy; percolation tests for every sewage disposal site; topography; location and depth of aquifers; depth, capacity and type of construction and location of all wells which have been recorded or can be obtained from interviews with adjacent property owners within 500 feet of site; and any other pertinent data; or if treatment is on site and the project is to include treatment facilities discharging into a stream or watercourse, show location of treatment facilities discharging into a stream or watercourse, show location of treatment facilities receiving stream and data on stream classification, water quality and seven-day low flow at ten-year frequency; description of treatment facilities and proposed effluent quality; and evaluation of initial and future deleterious effects on use of streams for water supply, recreation and aquatic and terrestrial wildlife. Evaluation shall include effect of nutrients on downstream ponds and lakes.
[2] If disposal is off site, a plan for disposal with a detailed description of expected quantity and classification of sewage effluent and acceptance, in writing, by the court, if required, and the receiving facility.
[3] Compliance with all state and local sewage and health regulations.
(2) Solid waste disposal.
(a) Show a plan for disposal by means of a facility operating in compliance with the State Sanitary Code, including suitable temporary on-site storage.
(b) If project is an expansion of an existing development, describe existing disposal.
(c) Describe compliance with state and federal regulations.
(3) Chemical and hazardous waste disposal.
(a) Show identification and satisfactory provisions for disposal of chemical wastes and hazardous materials defined by the State of New Jersey, as amended.
(b) If project is an expansion of an existing development, identify and describe existing uses of chemicals and hazardous waste disposal.
(c) Describe compliance with all state and federal regulations for handling and disposal of these wastes.
(4) Water supply.
(a) Show the amount of water required by the project in average gallons per day.
(b) If project is an expansion of an existing development, describe existing water supply and water use.
(c) Show 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, show the amount of diversion granted by the Division of Water Resources, maximum gallons of water pumped during the past 24 months and diversions expected from other approved subdivisions which are dependent upon the present diversions granted by the Division of Water Resources; or, if supply is from on site sources, provide location and depth of all private and public water supply wells which have been recorded or can be obtained from interviews with adjacent property owners within 500 feet of the realty improvement and location, depth and adequacy of proposed private or public water supplies to serve the proposed realty improvement and geologic description of subsurface conditions, including expected groundwater yields, including the same published geologic reports or report by a geologist; and
[2] Compliance with all state and local regulations.
(5) Drainage. Describe the measures which will be taken to minimize the rate, volume and velocity of stormwater runoff; to minimize any effects of drainage on adjacent areas, to minimize soil erosion during and after development; and to decrease to the least degree possible soil absorption and groundwater recharge; and that the natural drainage pattern is not significantly altered and:
(a) Volume and peak flow rates of stormwater runoff expected from undeveloped site and to be generated by new improvements. Volumes and rates for one-, five-, ten-, fifteen-, twenty- five-, fifty- and one-hundred-year storm frequencies having durations producing maximum flow rates before and after the proposed development shall be included.
(b) Data on landscaping, vegetation map, tree and ground cover existing on site, compared with that proposed.
(c) Changes of runoff, rates and volumes to be caused by changes in land use and the time of concentration.
(d) Plans for disposition of stormwater, whether by retention, on site, or means of channeling so as to protect downstream property.
(6) Floodplains. Show a description of potential flood damages, including a summary of flood stages from state and federal sources.
(7) Air quality. Show a statement of anticipated effects on air quality because of on-site activities, such as heating, incineration, any processing materials and traffic. Compliance with federal and New Jersey standards is required.
(8) Noise. Show a statement of anticipated effects on noise levels, magnitude and characteristics related to on-site activities and proposed method(s) of control.
(9) Traffic, pedestrian and vehicular. Show an inventory of existing traffic and a statement of the projected effect of anticipated traffic on all internal, access and bordering roads.
(10) Demography. Show a statement of the on-site and off-site effect on the utilization of public facilities, such as schools, police and fire protection, road maintenance and the like because of changes in population density.
(11) Critical areas. Show a statement of the impact on critical areas, including stream corridors, streams, wetlands, estuaries, slopes greater than 15%, highly erodible soils, areas of high water table, mature stands of native vegetation, aquifer recharge and discharge areas and other environmentally sensitive features, areas or conditions.
(12) Artificial light. Show a statement of anticipated effects on light, magnitude and characteristics related to on-site activities and proposed method(s) of control with particular attention to the control of sky glow.
E. General. The Planning Board may request an assessment of the anticipated impact on conditions mentioned in Subsection B above, but not specifically covered in Subsection C above or on other conditions as may be appropriate to meet the intent of this chapter.
F. Alternatives. Alternatives to minimize adverse environmental impacts during construction and operation, both at the project site and in the surrounding region, are to be submitted as a part of the environmental impact statement.
G. Licenses, permits, etc. A list of all licenses, permits and other approval required by municipal, county, state or federal law.
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. It may submit the environmental impact statement for review and comment to the Ad Hoc Environmental Committee and to such other governmental bodies and to such consultants as they may deem appropriate. These bodies shall be given 30 days in which to review the statement as to its adequacy and to make comment if the statement is deemed inadequate. If the official bodies and/or their consultants determine that the environmental impact statement is incomplete, the applicant will be given an additional 30 days to submit appropriate material or expert information. The Planning Board shall approve an environmental impact statement only if it is determined that the proposed development has been designed with adequate safeguards as needed to protect the environment. The steps to be taken to minimize adverse environmental impacts during construction and operation which may be approved by the Planning Board shall constitute conditions of the approval of the environmental impact statement, together with such other conditions as the Planning Board may impose. All work may be stopped by the Construction Official if specified construction restraints are not followed. No certificate of occupancy shall be issued until compliance shall have been made with all conditions.
The aforementioned environmental impact statement shall be prepared by a person or firm having expertise in the environmental field, by virtue of training, experience or education. The person or firm shall demonstrate their qualifications to the satisfaction of the Planning Board. In addition, the environmental impact statement shall be signed by the applicant or chief executive officer, in the case of a corporation or public agency, affirming that the environmental impact statement contains an accurate description of the project.
