A. 
Recent events in the Township have demonstrated that it would be in the best interest of the Township and its residents to require that Phase I Environmental Assessments be submitted with all applications for development before the development review Boards of the Township.
B. 
Such Phase I Environmental Assessments should provide a history of the site, the prior uses of the land, past and current owners and the potential pollution-related effects of such uses on the property.
A special application for development shall include any application for major subdivision approval or any application for major site plan review. Specifically excluded are minor site plan and minor subdivision applications.
As part of, and as a condition for, approval for each special application for development (SAFD), the developer shall be required to submit a Phase I Environmental Assessment.
A. 
The Phase I Environmental Assessment (ASTM Designation: E1528-93) shall conform with the ASTM Standards for Transaction Screening, and with industry standards for Phase I Environmental Site Assessments (ASTM Designation: E1527-93). The environmental assessment should be performed by qualified firms or individuals, and an environmental assessment report must be submitted to the Township at or before the time that applications for development are submitted. The applicant shall submit 12 copies to the review Board and one copy to the Environmental Commission.
B. 
The minimum required scope of work for the environmental assessment will include:
(1) 
Records review.
(2) 
Site reconnaissance.
(3) 
Interviews.
(4) 
Preparation of report.
File data and existing reports should be reviewed to determine if any existing documents show that the site was used for waste disposal or burial, and to determine if the site has previously been identified as a suspected source of contamination. The minimum documents that should be reviewed for this requirement include, but are not limited to:
A. 
Environmental Protection Agency (EPA) and New Jersey databases. The EPA and state database should be reviewed to determine if National Priority List (Superfund NPL) or state superfund sites, or other alleged contamination sites, are located within the minimum search distance as specified within the ASTM practice.
B. 
Historical aerial photographs. If available, aerial photographs from the 1950s to current periods should be reviewed. The photographs will be inspected for signs of dumps, excavations, vegetation stress, or other features indicative of contamination, both on and adjacent to the site. The preferred scale of the photographs is one inch equals 400 feet, and stereoscopic pairs are recommended.
C. 
Recorded land title records and/or chain of title and/or property tax file indicating property ownership from 1940 to the present.
The environmental consultant shall physically inspect the site. The consultant should collect information on these subjects, as appropriate, to identify past or current practices which could cause soil or groundwater contamination, or which could cause contamination in any structures at the property, including, but not limited to:
A. 
Past and current materials use.
B. 
Storage, handling and disposal of wastes at the subject property, as applicable.
C. 
The number and location of chemical storage containers, such as drums and storage tanks, and the materials stored in them.
D. 
Transformers and capacitors at or directly adjacent to the property for signs of leaks, spills and fires.
E. 
The properties and structures around the site to document evidence of obvious and severe impacts from the adjacent properties on the subject property. Examine exteriors of adjacent buildings and grounds of adjacent properties for evidence of staining and spills.
The environmental consultant shall conduct interviews with local government officials, occupants and adjoining property owners relative to obtaining information indicating recognized environmental conditions in connection with the property. The interviews shall generally confirm:
A. 
The prior uses of the property.
B. 
Conditions or events related to environmental conditions.
C. 
Questions about helpful documents.
D. 
Prior assessments.
E. 
Proceedings involving the property.
The environmental consultant should prepare a report that includes, but is not limited to:
A. 
A description of the physical site, description of the site history and surrounding land use.
B. 
A USGS topographic map indicating the location of the site.
C. 
A list of the environmental reports, permits and background documents reviewed.
D. 
A list of interviewees.
E. 
A discussion of causes of environmental concern, as applicable, such as underground storage tanks, PCBs, asbestos and other applicable environmental hazards.
F. 
Statements regarding the presence of wells on site, and a statement regarding the presence or past presence of septic systems or other subsurface disposal systems.
G. 
The results of contact with regulatory agencies concerning potential contaminated sites in the site vicinity.
H. 
Prints of all aerial photographs.
I. 
A table that indicates the dates of property ownership from 1940 to the present, and the corresponding property use(s) for those years, if known.
J. 
A discussion of potential contamination in the soil and groundwater of the site.
K. 
The resume or curriculum vitae of the individual(s) who performed the environmental assessment.
The individual(s) who conduct the environmental assessment shall be an environmental professional, as defined within the ASTM Standard. Individual qualifications must show that the person(s) conducting the Phase I Environmental Assessment are qualified to conduct environmental assessments based on education and previous project experience. The resume or curriculum vitae should indicate that the assessor has knowledge of current investigative techniques and standards.
The firm or individual conducting the Phase I Environmental Assessment shall carry $1,000,000 in professional liability insurance and $1,000,000 in pollution liability insurance coverage.
A. 
The Phase I Environmental Assessment report shall include a statement as follows:
"[Name of the Environmental Company] has performed this environmental assessment with diligence. It is complete and accurate within its scope. To the best of our knowledge, no contamination-related condition associated with the property has been misrepresented or omitted from this report."
B. 
The statement shall be signed by the principal of the company that performed the environmental assessment, also by the applicant's professional engineer.
The Phase I Environmental Assessment report shall also include the following statement:
"The applicant hereby indemnifies the Township, its affiliates and engineer against any liability, loss, expense, lien, claim demand, and cause of action of every kind for damage to property of the applicant and third parties, including fines or penalties. Attorney's fees and other costs that result from activities associated with or the findings of this Phase I Environmental Assessment."
All requests for waiver of requirements of the Phase I Environmental Assessment shall be forwarded to the Environmental Commission for its recommendations. The request for waiver shall include justifications for relieving the standards. The application shall be considered incomplete until the recommendations of the Environmental Commission have been forwarded to the reviewing Board. However, should the Environmental Commission fail to respond within 15 days, the reviewing Board may process the application on its merits.
Upon review of the Phase I Environmental Assessment by the Zoning Board of Adjustment and the Planning Board Engineer and upon the recommendation of such Engineer, the Zoning Board of Adjustment or Planning Board may require such other studies, tests or environmental treatments and remedies as may be determined to be reasonably necessary for the environmental safety and security of the site which is the subject of the special application for development, including, but not limited to, the Phase II environmental investigations, cleanups or other remedies.