East Amwell has a long history of protecting
the natural environment, preserving farmland and respecting the carrying
capacity and constraints of the land. With these planning objectives
in mind, it is the purpose of this ordinance to protect soil as a
necessary and valuable resource in the Township. Soil is an essential
component of farming and therefore key to farmland productivity. It
is a vital part of woodland habitat, where it provides the ecological
underpinnings for a healthy and diverse population of flora and fauna.
Soil removal can also impact neighbors in such areas as drainage and
runoff. Therefore, this ordinance intends to protect the soil of the
Township from being lost due to soil erosion, stripping, regrading,
exportation or any other mechanism by which the Township may suffer
a net loss of soil.
As used in this chapter, the following terms
shall have the meanings indicated:
SOIL
All unconsolidated mineral or organic material, of whatever
origin, that overlies bedrock and which can be readily excavated.
SUBSOIL SOIL
The deepest level of soil material in which soil formation
processes are active. It lies above the parent material, but below
the surface soil.
SUBSTRATUM
Weathered rock material immediately below the subsoil, from
which it is assumed that the overlying subsoil was formed. Substratum
lies directly above bedrock.
SURFACE SOIL
The soil ordinarily moved in tillage or its equivalent in
uncultivated soil, often referred to as the plowed layer.
TOPSOIL
The top layer of the soil profile, above the surface soil
and distinguished from other soils as a presumed fertile soil or soil
material, or one that responds to fertilization, ordinarily rich in
organic matter.
The following are exempt from the provisions
above:
A. Land disturbance of 5,000 square feet or less associated
with the construction of a single-family dwelling, unless such development
is a part of a proposed subdivision, site plan, zoning variance or
building permit application involving two or more building units.
B. Land disturbance of 5,000 square feet or less of the
surface area of land for the accommodation of construction which may
or may not require a building permit.
C. C Use of land for gardening primarily for home consumption.
D. Percolation tests and/or soil borings.
E. Agricultural use of lands when operated in accordance
with a farm conservation plan approved by the Hunterdon County Soil
Conservation District or when it is determined by the Hunterdon County
Soil Conservation District that such use will not cause a net loss
of soil in the Township.
Any person, persons or corporations who shall
violate any of the provisions of this chapter shall, upon conviction
thereof, be punished by one or more of the following: a fine not exceeding
$1,250, a term of imprisonment for a term not exceeding 90 days or
a period of community service not to exceed 90 days. Each day that
a violation of any provision of this chapter continues shall constitute
a separate offense.