[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.]
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.
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.
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.
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.
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.
