A.
Whenever a term, word or phrase is used in this chapter and is defined in N.J.S.A. 40:55D-1 et seq., or in Chapter 160, Zoning, of this Code, such term, word or phrase is intended to have the meaning set forth in the definition of such term, word or phrase, as found in said statute, or in this chapter, unless a contrary intention is clearly expressed from the context of this chapter.
B.
APPLICATION FOR DEVELOPMENT
As used in this article, the following terms shall
have the meanings indicated:
The application form and all accompanying documents required
by ordinance for any approval of a subdivision plat, site plan, planned
development, general development plan, conditional use, zoning variance
or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34
or N.J.S.A. 40:55D-36.
[Amended 6-16-2015 by Ord. No. 20-6-2015]
As part of and as a condition for approval for each application
for development, or for any land which is to be transferred or dedicated
to the Township, to any governmental agency, to a homeowners' association
or to any other entity, for any reasons whatsoever, the applicant
or transferor shall be required to submit a Phase I environmental
assessment. The Phase I environmental assessment shall conform to
the current American Society for Testing and Materials Standard Practice
for Environmental Site Assessments (hereinafter "ASTM Standards").
A Phase I environmental assessment report must be submitted to the
Township Council, Planning Board and/or Zoning Board, as applicable,
with the application for development, transfer or dedication. Notwithstanding
the above, the Planning Board or Zoning Board of Adjustment may waive
the requirement for submission of a Phase I environmental assessment
or modify or reduce the requirements of the Phase I environmental
assessment upon the request of the applicant. Such waiver may be granted
only where the Board finds the applicant clearly demonstrated that
i) because of peculiar conditions, literal enforcement of one or more
of said requirements is impracticable or will exact undue hardship
and ii) the waiver is supported or recommended by the Board consultant.
The individual(s) who prepares and conducts
the Phase I environmental assessment shall provide a resume or curriculum
vitae as part of the Phase I report. Individual qualifications must
demonstrate that the persons conducting the Phase I environmental
assessment are qualified to conduct such environmental assessment
based on education, previous project experience and the current ASTM
Standards.
The firm or individual conducting and preparing
the Phase I environmental assessment shall submit a current errors
and omissions liability insurance policy in the amount of at least
$2,000,000.
As part of each application for development,
transfer or dedication, the applicant shall post an escrow for the
Township professionals required to review the Phase I environmental
assessment.
A.
Upon review of Phase I environmental assessment report
by the Township, Zoning Board or Planning Board, as applicable, the
Township, Zoning Board or Planning Board may require such other studies,
tests or environmental remedies as may be determined to be reasonably
necessary for the environmental safety and security of the subject
site, including, but not limited to, a Phase II environmental investigation,
or other remedies permitted by law.
