West 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 chapter 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.
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
Anyone submitting an application for development or for a
project which would disturb the soil.
SOIL
A.
The unconsolidated mineral or organic material on the immediate
surface of the earth that serves as a natural medium for the growth
of land plants.
B.
The unconsolidated mineral or organic matter on the surface
of the earth that has been subjected to and shows effects of environmental
factors of climate (including water and temperature effects), and
macro- and microorganisms, conditioned by relief, acting on parent
material over a period of time.
SUBSOIL
A.
The deepest level of soil material in which soil formation processes
are active. It lies above the bedrock, but below the topsoil.
B.
All soil that is not topsoil.
TOPSOIL
A.
The layer of soil moved in cultivation; frequently designated
as the A layer or A horizon.
B.
The top layer of the soil profile, above the subsoil 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 of Chapter
138:
A. Land disturbance of less than 5,000 square feet 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 less than 5,000 square feet of the surface area
of land for the accommodation of construction which might or might
not require a building permit.
C. Use of land for gardening primarily for personal consumption.
D. An environmental action required by the State of New Jersey.
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 topsoil in the
Township.
F. Contaminated topsoil and subsoil shall be permitted to be removed from the Township in accordance with the NJDEP Site Remediation Standards, the Code of the Township of West Amwell, Chapter
137, Soil Erosion and Sediment Control, and the Soil Erosion and Sediment Control Plan, as certified by the Hunterdon County Soil Conservation District and required by the New Jersey Soil Erosion and Sediment Control Act, Chapter 251, P.L. 1975.
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 or any combination of the
above.