§ 402. Environmental Impact Statement

A. EIS Required. The Planning Board shall have the authority to require the applicant to prepare an environmental impact statement (EIS) to assess the potential effects of the proposed subdivision or land development project under either of the following conditions:

1. If all or part of the property that is the subject of the application includes land identified in the Comprehensive Plan as having critical natural or cultural resource elements; or

2. If the Planning Board finds that there is a reasonable expectation that the proposed subdivision or land development project will have a significant negative environmental impact on natural systems located on the property that is the subject of the application, or upon nearby properties or natural systems.

B. Timing. If an EIS is required, the applicant shall be so informed at the pre-application stage by a vote of the Planning Board (see Section 302F). The applicant shall be advised as to the specific information that the EIS must contain by the conclusion of the pre-application stage.

C. Findings. The Planning Board shall make findings of fact in writing and shall identify the environmental resources it finds to be potentially threatened. The Planning Board's findings shall be made part of the record of the application.

D. Contents. An EIS required under this section shall include research and documentation describing and assessing environmental impacts which may include, but are not limited to, impacts upon the following:

1. Freshwater Wetlands

2. Coastal Features

3. Soils

4. Vegetation

5. Wildlife

6. Groundwater

7. Public drinking water supply

8. Historic and archaeological sites and areas

9. Significant views

10. Noise and air quality

11. Solid waste generation

12. Traffic

E. Professional Expertise. The EIS shall be prepared by a professional with expertise in the subject matter which is the focus of the environmental review. Such expertise may include, but not be limited to, biology, hydrology, botany, landscape architecture, historic preservation, archeology, noise, air quality, engineering and planning. The Planning Board may elect to review the contents and conclusions of the EIS through its own independent professional review, at the applicant's expense (see Section 503D).

F. Conditional Approval. For any subdivision or land development project for which an EIS is required, the Board shall have the authority to impose conditions on any approval which, based on the findings and analysis of the EIS, are reasonably necessary to minimize any adverse impact that the development may have on the natural or manmade environment.