[HISTORY: Adopted by the Township Committee
of the Township of East Amwell 9-25-2003 by Ord. No. 03-15.
Amendments noted where applicable.]
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:
All unconsolidated mineral or organic material, of whatever
origin, that overlies bedrock and which can be readily excavated.
The deepest level of soil material in which soil formation
processes are active. It lies above the parent material, but below
the surface soil.
Weathered rock material immediately below the subsoil, from
which it is assumed that the overlying subsoil was formed. Substratum
lies directly above bedrock.
The soil ordinarily moved in tillage or its equivalent in
uncultivated soil, often referred to as the plowed layer.
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.
A.
In addition to the standards of this chapter, soil removal and relocation of any material above the substratum shall be in accordance with the Code of the Township of East Amwell, § 92-73, Article VI, Design and Performance Standards, for soil erosion and sediment control.
B.
No change in excess of two feet shall be made in the
elevation or contour at any point of any lot or site without prior
approval by the Planning Board or Township Engineer as part of a development
approval or the authorized administrative entity as part of a building
permit, if the subject construction does not require a development
approval.
[Amended 3-8-2018 by Ord.
No. 18-02]
C.
No topsoil, surface soil and subsoil shall be removed
from the site without a valid permit or development approval.
D.
Topsoil, surface soil and subsoil shall not be removed
from the municipality.
E.
Large rocks and boulders (greater than three-foot
minimum diameter at any point) indicative of the rocky landscape of
the Sourland Mountains shall not be removed from the Sourland Mountain
Zone.
F.
Topsoil removed during the course of construction
shall be redistributed so as to provide at least five inches of cover
to all nonimpervious areas of the site and shall be seeded or planted
so as to remain in place.
A.
Under an approved plan, stripping of vegetation, grading
or other soil disturbance shall be done in a manner that will minimize
soil erosion.
B.
Whenever feasible, natural vegetation shall be retained
and protected.
C.
Whenever possible, the extent of the disturbed area
shall be minimized.
D.
Proposed changes to the contour of the land shall
follow the natural contour of the land to the greatest extent possible.
Any proposed grading that would change the elevation of the land more
than two feet at any point shall require site plan review and Planning
Board approval.
[Amended 3-8-2018 by Ord.
No. 18-02]
E.
Topsoil shall not be used as fill material.
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.
A.
The soil erosion and sediment control plan or any
major amendment shall be approved by the approving authority in the
manner and form according to the regulations hereafter set forth.
In the case of subdivisions, such review and approval shall be part
of the subdivision review process. In all other instances, review
and approval shall be made within 30 days of submission of a complete
application unless, by mutual agreement in writing between the Township
and the applicant, this period is extended for an additional period.
Failure of the Township to make a decision within such a period or
extension thereof shall constitute certification of the soil erosion
and sediment control plan.
B.
The applicant shall be provided with a written notice
of such decision by the Township Engineer. A copy of the decision,
including the name of the applicant, the location by street address
and block and lot number and the proposed land use, shall be sent
to the Hunterdon County Soil Conservation District, together with
any other information required by the District. The Planning Board,
in approving the soil erosion and sedimentation control plan, may
impose lawful conditions or requirements designated or specified on
or in connection therewith. These conditions and requirements shall
be provided and maintained as a condition to the establishment, maintenance
and continuance of any use or occupancy of any structure or land.
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.
