N.J. Admin. Code § 19:4-10.4

Current through Register Vol. 56, No. 12, June 17, 2024

Section 19:4-10.4 - Content of PIA

(a) The PIA shall assess the impacts of a proposed development by analyzing existing conditions, proposed conditions, potential impacts, and mitigating factors. The following shall be the required components of the PIA:

1. Project summary: A detailed project description, including information sufficient to understand the nature of the proposed use;

2. Land use:

i. A description of the surrounding land uses within 500 feet of the project site and details of how the proposed use will affect the viability of the surrounding area and adjoining properties;

ii. A zoning summary statement, including a description of the project's degree of compliance with the regulations of the zone(s) in which it is located and any variances requested thereto;

iii. A topographic survey meeting the requirements of 19:4-4.4(c)1 for areas inclusive of the subject property and within 500 feet thereof; and

iv. A brief description of the visual character of the project site and how the proposed project affects the visual quality of the site and the surrounding environs;

3. Wetlands:

i. A copy of any wetlands delineation prepared for a wetlands jurisdictional determination from the United States Army Corps of Engineers (USACE); and

ii. A copy of any jurisdictional determination and/or fill permit issued by the USACE;

4. Floodplain areas:

i. A map depicting the established 100-year flood plain delineation as determined by FEMA, where applicable; and

ii. A description of the project's degree of compliance with the requirements of N.J.A.C. 19:4-9 regarding floodplain management;

5. Riparian lands: All areas of riparian claim on the property and a discussion of how these claims will impact the site development, including the status of any actions of the New Jersey Bureau of Tidelands relative thereto;

6. Drainage:

i. A study of the project's degree of compliance with the requirements of 19:4-8.6 regarding drainage and water quality;

7. Habitats:

i. An assessment of the impacts on wildlife and vegetation, including threatened and endangered species;

8. Transportation: A traffic impact analysis in accordance with 19:4-7.1 0;

9. A description of the project's degree of compliance with the following performance standards shall be provided:

i.19:4-7.3 concerning noise;

ii.19:4-7.4 concerning vibrations;

iii.19:4-7.5 concerning airborne emissions, and shall also include the following:

(1) An analysis of the impact on air quality from mobile sources. An assessment of the effects of the project on regional and local ambient air quality, including the concentration of carbon monoxide emissions on adjacent roadways and within proximity of adjacent land uses shall be provided using the procedures described in the Air Quality Analysis for Intersection, published by the New Jersey Department of Environmental Protection, May 2004, incorporated herein by reference, as amended and supplemented, a copy of which can be obtained from the New Jersey Department of Environmental Protection, 401 East State Street, P.O. Box 402, Trenton NJ 08625-0402; and the Guideline for Modeling Carbon Monoxide from Roadway Intersections, published by the U.S. Environmental Protection Agency, November 1992, incorporated herein by reference, as amended and supplemented, a copy of which can be obtained from the U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, N.W., Washington, DC 20460 or its website, http://www.epa.gov/scram001/guidance_sip.htm; and

(2) An analysis of short term impacts on air quality due to construction activities;

iv.19:4-7.6 concerning hazardous materials, liquids and chemicals;

v.19:4-7.7 concerning glare;

vi.19:4-7.8 concerning radioactive materials; and

vii.19:4-7.9 concerning wastewater;

10. Site remediation:

i. Description of the former uses on the property, including results of a historical records search;

ii. A summary of any environmental and/or contamination issues related to soil, air and groundwater;

iii. A summary of remediation strategies approved or under consideration, including an anticipated remediation timeline; and

iv. A summary of the remedial project's status with the NJDEP, including contact information for the NJDEP case manager(s);

11. Cultural and historical resources: An analysis of historical landmarks and aspects of archeological importance in or adjacent to the site in consultation with the New Jersey State Historic Preservation Office;

12. Public services: Documentation from the agency or company responsible for utility service detailing the ability to serve the proposed development. This shall include wastewater treatment, water supply, energy supply and solid waste;

13. Affordable housing:

i. A description of the affordable housing obligation generated by the proposed development; and

ii. A statement of how the project shall satisfy the affordable housing obligation created;

14. Fiscal impact:

i. Demographics of the appropriate municipality, including population and age distribution pursuant to census reports and/or other published sources;

ii. The current municipal, county, and school budgets, together with information on existing per capita costs and service levels in such areas as fire protection, police protection, governmental services, and schools. The cost per pupil and maximum and available capacities of schools shall be provided;

iii. Evaluation of the projected ratables, estimated taxes, and municipal and school budget increases due to the proposed development, including an assessment of the project's impact to the Intermunicipal Tax Sharing Formula. The developer shall provide the assessed value of the proposed development and the projected number of school-age children to the NJMC staff for application to the Intermunicipal Tax Sharing Formula. The results shall be provided to the applicant for inclusion in the PIA report;

iv. An estimate of the demands and costs for additional services, facilities, infrastructure, and equipment related to energy, solid waste, sanitary waste, potable water, transportation, education, police, fire, emergency medical services and recreation and their impacts on municipal, county, and school budgets; and

v. A summary statement of the project's net fiscal impact; and

15. A plan addressing how the developer proposes to mitigate any project impacts.

(b) Any development proposed in phases shall assess the impacts for each individual phase and the project as a whole.

(c) A zoning certificate shall not be issued prior to the PIA being accepted and deemed complete by the NJMC.

N.J. Admin. Code § 19:4-10.4

Amended by R.2009 d.40, effective 1/20/2009.
See: 40 N.J.R. 4696(a), 41 N.J.R. 624(b).
Rewrote (a); and added (b) and (c).