[HISTORY: Adopted by the Township of Howell by Ord. No. O-88-54 (§ 4-9 of the 1974 Code). Amendments noted where applicable.]
A. 
Many types of biological research, such as genetic engineering, are of exceptional importance and may offer many potential benefits but are also characterized by major uncertainties and possible significant hazards regarding effects on the human population, other organisms and the general environment.
B. 
As the products of biotechnology move from contained research laboratories into full contact with the public and the environment through commercial testing and applications in the environment, the residents of the Township of Howell maintain serious and legitimate concerns about the effect that the release of genetically engineered microorganisms and bacteria into the outdoor environment may have on the health, safety and welfare of the public.
C. 
It is therefore incumbent upon the governing body of the Township of Howell to take responsible and timely measures to ensure that the public health, safety and welfare and the environment are protected and public concerns associated with the release of genetically engineered microorganisms are promptly addressed.
D. 
These important interests may be addressed through the establishment of a procedure for reviewing proposed releases of genetically engineered microorganisms into the outdoor environment.
As used in this chapter, the following terms shall have the meanings indicated:
GENETICALLY ENGINEERED MICROORGANISM
A living microorganism, including but not limited to bacteria and viruses, whose genes have been artificially altered for scientific or commercial purposes.
GOVERNING BODY
The Township Council of the Township of Howell.
OUTDOOR ENVIRONMENT
Any area outside of the confines of a laboratory or other closed and secured building or structure, including but not limited to forests, fields, streams, rivers, lakes or other bodies of water and the atmosphere.
PERSON
In addition to the usual meanings, all political subdivisions of this state or any agencies or instrumentalities thereof.
SITE
The location within the boundaries of the Township of Howell on which a person proposes to release a genetically engineered microorganism.
No person shall release any genetically engineered microorganisms into the outdoor environment of the Township of Howell as part of any field test, experiment, or research project without first having obtained a license issued by the governing body after a public hearing.
A person who proposes to release genetically engineered microorganisms into the outdoor environment shall, not later than six months prior to the date of this proposed release, notify the governing body of the proposed release date by certified mail. The notice shall be accompanied by the following information:
A. 
The names and addresses of all persons holding an interest in the tract upon which the site is located;
B. 
The location of the tract on which the site is located or is to be located as identified by municipal tax map by lot and block;
C. 
The name and address of the corporate surety and the identifying number of the bond required pursuant to § 164-9 of this chapter;
D. 
A plan for environmental protection, which shall include a method for containment and disposal of the genetically engineered microorganisms;
E. 
A plan for ensuring the health, safety and welfare of the public, including cleanup and containment provisions in case of an accident or unanticipated consequence of the release of genetically engineered microorganisms;
F. 
A plan for restoration of the land surface disturbed by operations incidental to the release of genetically engineered microorganisms;
G. 
A risk assessment which shall include:
(1) 
Information on the projected survivability of the genetically engineered microorganism in the environment;
(2) 
A determination as to the genetically engineered microorganism's ability to survive in a human host;
(3) 
Information on the genetically engineered microorganism's ability to reproduce in the outdoor environment;
(4) 
An analysis of the likelihood that the genetically engineered microorganism will be dispersed or transported to a new or unintended site;
(5) 
A determination as to whether or not the release of the genetically engineered microorganism will pose any threat to the public health, safety or welfare; and
(6) 
A determination as to whether or not the release of the genetically engineered microorganism will have any deleterious environmental effect;
H. 
A sworn statement that the owner has in force and will maintain until the completion of the restoration, to the satisfaction of the governing body, of any site in the Township of Howell liability insurance coverage in an amount no less than $5,000,000 for bodily injury and $1,000,000 dollars for property damage, to pay claims arising out of the release of genetically engineered microorganisms;
I. 
A sworn statement that all requirements of the federal and state governments over any activity related to the release of genetically engineered microorganisms have been fulfilled and are in effect at the time the application is filed, including copies of any federal or state permits;
J. 
A description, by name or number, of the county, state, and municipal roads, streets, and highways that the applicant anticipates will be used for access to and egress from the site;
K. 
A map, on a scale not smaller than 400 feet to the inch, prepared by a surveyor licensed in New Jersey, showing the location of the site; and
L. 
A plan for notification of the Township and general public as to the activity taking place on the subject property.
A license required by § 164-3 of this chapter shall be issued only upon the adoption of a positive resolution by the Township Council and the Township Environmental Commission that the authorized activities will not result in:
A. 
Any threat to the public's health, safety and welfare; and
B. 
Any adverse consequences to the environment.
Each application for the license required by § 164-3 of this chapter or renewal thereof shall be accompanied by a fee as set forth in Chapter 139, Fees, which shall reflect the costs of reviewing and processing the application and monitoring permitted activities.
[1]
Editor's Note: Specific fee amounts were removed from this section in conjunction with Ord. No. O-09-13, adopted 4-28-2009. For current application fees, see Ch. 139, Fees, Art. XII.
A. 
Prior to the approval of any license or amended license, the governing body shall provide timely and informative notice of the license application to the public. The public shall be afforded an opportunity to review the license application. Any public comment submitted to the Township Council shall be made part of the record and considered by the Township Council in determining whether to approve the license. The Township Council shall hold a public hearing on a license application before adopting the resolution approving said license.
B. 
Notice of the public hearing pursuant to Subsection A of this section shall be given to the owners of all real property as shown on the current tax duplicates located at the site and within 200 feet in all directions of the site. Notice shall be given by the person proposing to release the genetically engineered microorganisms, who shall mail a copy of the public hearing notice by certified mail to the property owner at his address as shown on the current tax duplicate.
As a precondition to the issuance of a license under § 164-3 of this chapter, the applicant shall execute and file with the Township Council a surety bond guaranteeing compliance with all provisions of this chapter and all provisions and conditions of the license. The bond shall be in an amount established by resolution of the Township Council. The surety bond required by this subsection shall be executed by a surety company authorized to do business in the state. The Township Council shall not approve any bond until it is personally signed and acknowledged by both principal and surety, or as to either by his attorney in ordinance, with a certified copy of the power of attorney attached thereto. The Township Council shall not approve a bond unless there is attached a certificate of the Commissioner of Insurance that the company is authorized to transact a fidelity and surety business in this state. All bonds shall run to the governing body as obligee. Each bond shall assure compliance with this chapter and shall remain in full force and effect through one year after the activity regulated by this chapter is concluded and shall only be released with the approval of the Township Council and the Township Environmental Commission.
A. 
The governing body may order the immediate suspension of any activity related to the release of genetically engineered microorganisms if it finds that the activity poses an imminent danger to public health, safety or welfare or results in, or is likely to result in, substantial damage to the environment. Within five calendar days after the issuance of the order the Township Council shall provide the licensee an opportunity to be heard and to present evidence that the allegedly dangerous condition or activity is not likely to result in substantial damage to the environment and does not present an imminent danger to public health, safety or welfare. After the hearing, the Township Council shall make a final determination.
B. 
If the Township Council finds that a holder of a license issued under § 164-3 of this chapter has violated a provision or condition of his license or a rule or regulation adopted pursuant to this chapter, the Township Council may declare the surety bond filed to guarantee compliance forfeited. The Township Council shall certify the forfeiture to the Municipal Attorney, who shall proceed to collect the amount thereof and forward it to the Township Council.
A holder of a license issued under § 164-3 of this chapter shall restore, or cause to be restored, the land surface within the area disturbed in siting in accordance with a plan approved by the Township Council.
If the Township Council requires more information from the person during the one-year period, the proposed release date may be postponed by order of the Township Council, as necessary, pending further action or investigation of the Township Council. A person shall not release any genetically engineered microorganism into the outdoor environment of this Township if the release is not approved by the Township Council.
A person who violates this chapter is liable to a fine of up to $1,000 or imprisonment for a term not to exceed 90 days, or both. If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate and distinct offense.