What is an Environmental Impact Assessment?
Nearly all development plans in Summit will require some form of municipal approval, whether you are planning to make relatively minor renovations to your personal residence or you are a corporate developer making plans for a new subdivision. Some projects will require just a variance, while others may require the submission of multiple types of impact statements or assessments, depending on the nature of the development plans. One type of assessment that may be required is an environmental impact assessment. Our Summit land use attorneys can provide you with more information about the environmental impact assessment, and we can assist you if your development plans require this.
Understanding the Purpose of an Environmental Impact Assessment
Under Section 35-5.15, the purpose of an environmental impact assessment is to allow the board to evaluate the environmental impact of a planned development based on the environmental conditions of the site, and ultimately to decide whether the development plans as they exist should be approved.
In other words, the intention in requiring an environmental impact assessment is to ensure that environmental conditions will not be substantially impacted negatively, and that environmental performance controls are put in place (and are part of the development plans) in order to reduce any negative environmental impact.
Who Needs to Have an Environmental Impact Assessment Completed?
According to Summit laws and regulations, an environmental impact assessment may be required by the board “as part of preliminary approval of a major subdivision or major site plan.” An environmental impact assessment may be particularly important with regard to any of the four circumstances related to the planned development area:
- Significant percentage of the property has a grade of 15 percent or more (with “significant percentage” being defined as 25 percent or more);
- Significant percentage of the property “is within or borders a floodplain, wetland, wetland buffer zone, or priority watershed area” according to the New Jersey Department of Environmental Protection;
- Area involves industrial activities related to the “use, processing, or manufacture of hazardous, toxic, or corrosive substances”; or
- Scenic corridors could be visually impacted by the development project.
Environmental Impacts
What types of environmental impacts are assessed for an environmental impact assessment? Summit municipal law cites the following:
- Soil erosion;
- Flooding;
- Surface water quality issues;
- Sewage disposal;
- Solid waste disposal;
- Damage to or degradation of scenic features;
- Air quality;
- Noise;
- Lighting levels;
- Community effects; and
- Watersheds.
Contact Our Summit Land Use and Attorneys for Assistance Today
If you are planning the development of a subdivision or a major site in Summit, it is essential to seek legal counsel. The municipal land use laws in New Jersey and in Summit are complex, and it is critical to ensure that you receive all necessary approvals before beginning your development project. At Dempsey, Dempsey & Sheehan, we regularly assist corporate developers and residential property owners with land use issues in Summit, and we can speak with you today about your needs based on your development plans. Contact one of the experienced Summit land use and zoning lawyers at Dempsey, Dempsey & Sheehan for more information.
Sources:
cityofsummit.org/DocumentCenter/View/3616/Development-Regulations-Ordinance-DRO-FINAL?bidId=
ecode360.com/36967099#36967099
