WHEREAS, the Township properly adopted a "check list" for use in connection with all applications filed before the Township's Planning Board or Board of Adjustment at the time of the adoption of the Township's Zoning Ordinance in connection with the Township's Mt. Laurel Compliance under Ordinances 9-89 and 12-89 as approved by the Superior Court of New Jersey in the Order of Compliance and Final Judgment of Repose; and

WHEREAS, subsequent to such check list adoption the Township, by Ordinance 1-93 (as amended by Ordinance 28-96), adopted provisions designed to promote the public health, safety and general welfare in connection with the movement of large quantities of soil within the Township (Part 20 of the Municipal Land Use Procedures Ordinance); and

WHEREAS, the Township Committee believes that it is appropriate for certain requirements in connection with soil movement to be incorporated within the check list for complete applications before the Planning Board and Board of Adjustment.

BE IT ORDAINED by the Township Committee of the Township of Berkeley Heights, in the County of Union and State of New Jersey as follows:

1. The check lists previously adopted by ordinance for use in connection with application filed with the Planning Board or Board of Adjustment are to be amended by including therein the following as conditions to be satisfied or waived prior to an application being deemed complete under the provisions of the Municipal Land Use Law:

1. For any application involving the movement of more than 249 cubic yards of soil or placement of soil on any property to a height of more than four feet, the applicant part of the development application.

2. For any application on any site which has been subject to action by the New Jersey Department of Environmental Protection as a result of contamination by hazardous materials, the applicant shall submit a copy of a letter of non-applicability, memorandum of understanding or other documentation from the New Jersey Department of Environmental Protection approving or waiving a specific cleanup plan or other means of preventing the contamination from impacting on the public health safety or general welfare.

3. For any application on any site which has been subject to action by the United States Environmental Protection Agency as a result of contamination by hazardous materials, the applicant shall submit a copy of a letter of non-applicability, memorandum of understanding, approved remediation plan or other documentation from the United States Environmental Protection Agency approving or waiving a specific cleanup plan or other means of preventing the contamination from impacting on the public health safety or general welfare.

2. All Ordinances of the Township of Berkeley Heights that are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency.

3. If any section, subsection, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not effect the remaining portions of this Ordinance.

4. This Ordinance shall take effect immediately upon final passage, approval, and publication according to law.