§ 165-71. Environmental impact report.

A. 

At the Board's discretion, an environmental impact report may be required to accompany preliminary site plans. In the event that any environmental consideration poses immediate or long-term nuisances or threats to the public health, safety and welfare, the approving authority may require such further information and/or additional testimony as it deems necessary to answer related questions prior to taking action on the plat. One purpose is to avoid dissemination of dust, smoke, observable gases, fumes or odors or other atmospheric pollution, objectionable noises, glare, vibration or radiation, and to avoid the threat of or the actual pollution caused by chemical, corrosive, toxic and/or hazardous materials, any of which would violate any local county, state or federal regulation, or any of which could be perceived or measurable beyond the property line by either a single discharge or an accumulation of discharges. Where environmental matters, such as protecting floodplains, areas susceptible to erosion, vegetation, historic landmarks and site aesthetics, may be achieved by redesigning the location of improvements or the method of construction, the approving authority may require those modifications necessary to alleviate the threat. Where environmental matters may post a threat to public health, such as water quantity, water quality, sewage disposal, air quality, noise or glare, the approving authority may require modifications to the plans, construction details, mechanical systems, methods of operation or other remedies, including monitoring programs, to overcome the problem(s). If the applicant is unwilling to abide by requests for further information and/or testimony or to abide by any modifications or required methods of operation, recordkeeping and testing designed to eliminate threats to the public health, safety and welfare, the approving authority shall deny the application.

B. 

Prior to submitting a preliminary plan, the applicant shall use the Borough's Natural Resource Maps from the Master Plan 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. Little or no text need accompany the data at this stage. 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 report submitted at the preliminary plat stage can analyze the problem in more detail based on on-site evaluations but limiting the analysis to smaller areas of concern.

C. 

The environmental impact report shall comply with the following unless, because of data submitted before 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), all with the intent of minimizing environmental impacts.

(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; air quality; geology; soils; rock and properties thereof, including erosion capabilities and limitations; floodplain protection; sewage disposal; topography, including slopes in excess of 15%; vegetation protection; wetlands; noise characteristics and levels; land use; site aesthetics; and historic landmarks. Air and water quality shall be described with reference to standards of 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 as they relate to such things as erosion, sewage capability, floodplains and seasonal high water table.

(3) 

A list and the status of the approvals needed from federal, state or county agencies, including comments of these governmental agencies.

(4) 

An evaluation of any adverse environmental impacts which cannot be avoided, including air and water pollution, noise, sedimentation and siltation, increase in Borough services or capital needs and consequences to the Borough tax structure.

(5) 

A description of steps to be taken to avoid or minimize adverse environmental impacts during construction and operation, including shipping, receiving, storage and the methods of handling the identified quantities of chemical, corrosive, toxic and hazardous materials anticipated in all aspects of the operation, as well as attaching appropriate maps, schedules and other explanatory data.

D. 

Notwithstanding the foregoing, the approving authority may waive all or part of an environmental impact report if sufficient evidence is submitted to support a conclusion that the development will have a slight or negligible environmental impact or that the complete report need not be prepared to evaluate the environmental impact of the development.