Township of Montville, NJ
Morris County
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Chapter 311: SOIL TESTING AND CLEANUP

[HISTORY: Adopted by the Township Committee of the Township of Montville by Ord. No. 2003-50 (Ch. 15.25 of the 1998 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Environmental impact statements — See Ch. 160.
Fertilizer — See Ch. 171.
Hazardous materials cleanup — See Ch. 215.
Land use — See Ch. 230.

§ 311-1 Determination required.

The Township of Montville 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 documents provided by the applicant or property owner as required in § 311-2, demonstrating that the property does not exceed the standards set forth in the State of New Jersey Department of Environmental Protection's soil cleanup criteria), and set forth in a written report with findings and conclusions, shall be prohibited.

§ 311-2 Certain property subject to testing and remediation.

All property presented to the Montville Township Planning Board or Zoning Board of Adjustment, except as exempted in § 311-5, shall be required to submit a Phase I Environmental Assessment Report and 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.

§ 311-3 Remediation of property.

In the event of the presence of any of the substances listed in the soil cleanup criteria established by the New Jersey Department of Environmental Protection, an applicant for development to the Montville 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 Montville 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.

§ 311-4 Compliance by no-further-action letter.

Compliance with the requirements of this chapter 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 § 311-1 of this chapter.

§ 311-5 Exemptions.

A. Residential property presented to the Montville Township Planning Board or Zoning Board of Adjustment shall be exempted from the requirements of this chapter if the application for development of said property is for an addition to an existing dwelling, swimming pool, shed or other such type exempted by the Township Engineer.

B. Nonresidential property presented to the Montville Township Planning Board or Zoning Board of Adjustment shall be exempted from the requirements of this chapter if the application for development of said property is for an addition less than 600 square feet in size to an existing structure, or other such type exempted by the Township Engineer.