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.
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:
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."
|
For each special application for development,
the developer shall provide his/her own Phase I Environmental Assessment
report, including any appropriate escrow for the Township professionals
for review of the 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.
The submission of the Phase I Environmental
Assessment does not waive the requirement of the applicant to complete
the environmental checklist, as made part of the development application.
