[HISTORY: Adopted by the Township Council of the Township of Mount
Laurel 7-1-1996 by Ord. No. 1996-4. Amendments
noted where applicable.]
[Amended 3-4-2002 by Ord. No. 2002-1]
The Township of Mount Laurel declares that development of residential
and/or nonresidential properties formerly part of an agricultural area or
orchard, as determined by the Township Engineer (based upon his review of
Township records and inquiry of the applicant concerning prior use of the
property) and set forth in a written report with findings and conclusions,
shall be prohibited in the absence of a determination that the property does
not exceed the standards set forth in the State of New Jersey's Department
of Environmental Protection's Soil Cleanup criteria.
For purposes of this chapter, the Soil Cleanup Criteria, last revised
on February 3, 1994, is incorporated herein by reference as if set forth at
length. All future amendments of these criteria by the New Jersey Department
of Environmental Protection shall be immediately incorporated herein by reference
without the need to formally amend this chapter.
[Amended 3-4-2002 by Ord. No. 2002-1]
All property formerly part of an agricultural area or orchard, as determined by the Township Engineer as set forth in § 133-1 above, presented to the Mount Laurel Township Planning Board or Zoning Board of Adjustment shall be subject to an adequate testing and remediation protocols meeting the New Jersey Department of Environmental Protection Technical Requirements for site remediation as set forth in N.J.A.C. 7:26E-1.1 et seq.
[Amended 3-4-2002 by Ord. No. 2002-1]
In the event of the presence of any of the substances set forth in the
Soil Cleanup Criteria, dated February 3, 1994, or any subsequently created
revision to such criteria, an applicant for development to the Mount Laurel
Township Planning Board shall either cause the property to be remediated in
a manner consistent with New Jersey Department of Environmental Protection
Rules and Regulations or, in the alternative, present to the Mount Laurel
Planning Board documentation from the New Jersey Department of Environmental
Protection that the property may be developed based upon less than complete
remediation but based upon a plan approved by the Department of Environmental
Protection.
[Added 3-4-2002 by Ord. No. 2002-1]
Compliance with the requirements of this section shall be satisfied by the submission of a "no further action" letter from the New Jersey Department of Environmental Protection with respect to any property formerly part of an agricultural area or orchard, as determined by the Township Engineer as set forth in § 133-1 above.
