As used in this chapter, the following words, terms and phrases shall have the following meanings:
ADMINISTRATIVE OFFICERThe Director of Community and Economic Development of the Township of Hamilton, Mercer County, New Jersey.
[Amended 4-7-2020 by Ord. No. 20-015]
DEVELOPERThe legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other persons having an enforceable proprietary interest in such land.
ESTABLISHED GRADEThe contour of the land as it exists prior to the proposed excavation or operation.
EXCAVATE or MOVETo dig, remove, move, deposit, fill, grade, regrade or level the soil or otherwise alter or change the contour of land or to transport soil to or from such operation. This shall not be construed to include plowing, spading, cultivating, harrowing or any other operation usually and ordinarily associated with tilling of the soil for agricultural or horticultural purposes.
LAND or LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
MININGA process involving the removal of sand, clay, soil, gravel, humus, peat and other organic or mineral materials.
OPERATIONAL FACEThe end of a working excavation, determined at the end of each and every workday.
PERSONAn individual, firm, association, partnership or corporation, or any group of two or more of them, or anyone acting in behalf of said person.
PROPERTY OWNERThe person owning fee interest or the person in whose name the legal title to the property appears by deed duly recorded in the office of the County Clerk of Mercer County, or the person in possession of the property or buildings under claim of or exercising acts of ownership over the same for himself or as the executor, administrator or guardian of the property.
SUBSOILAll soil usually found lying beneath the top layer of soil, be it sand, silt, gravel, clay, boulders, stone, aggregate, dirt, other mineral deposits, or a combination of one or more of the foregoing.
TERMINATIONThe cessation or abandonment of mining operations.
A. The following elements, among others, shall be considered in determining whether an operation shall have been abandoned:
(2) Passage of time since last usage.
B. Mining shall also be deemed to be terminated in any mining operation or portion thereof where, as a result of the application of the terms of this chapter, any further mining operations are prohibited.
TOPSOILArable soil. Topsoil shall be a mealy loam which is comparatively free from objectionable weeds. Topsoil shall have a minimum organic content of not less than 2.75% by weight. Topsoil shall contain no stones, clumps or similar objects larger than one inch in any dimension and shall have a pH value of not less than 5.8 nor more than 6.5. The gradation of the topsoil shall consist of the following limits: sand, 40% to 80%; silt, 10% to 30%; and clay, 10% to 30%. All topsoil shall be capable of supporting vegetation.
WOODED AREASAreas containing numerous trees having attained a diameter of four inches at a height of four feet, diameter breast height, from the ground, as determined by the administrative officer.