It is the purpose of this district to provide
an area for noncoal surface mines, concrete plants, bituminous asphalt
plants and other uses normally associated therewith. Overall appearance
and design are essential to ensure compatibility with the surrounding
area.
Noncoal surface mining activities, as defined in § 131-7, shall not be conducted within the Township of Washington except in strict compliance with a zoning permit[1] issued upon compliance with the following requirements:
A.
Compliance with all applicable state and federal laws,
including but not limited to the following:
(1)
The Act of June 22, 1937, P.L. 1987 (35 P.S. § 691.1
et seq.), as amended, known and referred to as the "Clean Streams
Law."
(2)
The Act of January 8, 1960, P.L. (1959) 2119 (35 P.S.
§ 4001 et seq.), as amended, known and referred to as the
"Air Pollution Control Act."
(3)
The Act of November 26, 1978, P.L. 1375, No. 325 (32
P.S. § 693.1 et seq.), as amended, known and referred to
as the "Dam Safety and Encroachments Act."
(4)
The Act of July 7, 1980, P.L. 380, No. 97 (35 P.S.
§ 6018.101 et seq.), known and referred to as the "Solid
Waste Management Act."
(5)
The Act of December 19, 1984, P.L. 1093 (52 P.S. § 3301
et seq.), known and referred to as the "Noncoal Surface Mining Conservation
and Reclamation Act."
(6)
The National Pollution Discharge Elimination System
requirements as outlined under 40 CFR, Protection of Environment.
(7)
The Mine Safety and Health Administration requirements
as outlined under 30 CFR, Mineral Resources.
B.
Plan and supporting document requirements.
(1)
An existing features and mining map at a scale of
not less than one inch equals 200 feet shall be submitted showing:
(a)
The boundary of the entire tract by courses
and distances, surveyed in accordance with current ALTA/ACSM Land
Title Survey and Mapping Standards. The property and planimetric features
survey shall meet Class A requirements. The elevation survey shall
be of third-order accuracy, and 90% of all spot elevations determined
from the map must be within +/- 1/2 the contour interval of correct
elevations. The contour interval shall be not less than five feet.
(b)
Monumentation and bench marks for proposed limits
of mining.
(c)
Vehicular access, existing and proposed.
(d)
Zoning district boundaries and adjacent districts.
(e)
Setback limits.
(f)
All existing occupied and/or unoccupied structures
located within 1,320 feet of the limits of mine operations.
(g)
The location and names of all streams, roads
and railroads on or immediately adjacent to the area.
(h)
Acreage to be mined.
(i)
The location and details of groundwater monitoring
wells.
(j)
The location and details of sediment control
facilities, including but not limited to ponds, berms and ditches.
(k)
The location of the existing and/or proposed
on-site water supply and sewage collection systems.
(l)
The location and details of existing and proposed
security fencing.
(m)
Pennsylvania Department of Environmental Resources
permit numbers and/or reference of mining, mine drainage and national
pollution discharge elimination systems.
(n)
The applicant's name, address and telephone
number.
(o)
A cross-section reference.
(2)
Cross-section drawings.
(a)
Cross-section drawings shall be submitted showing:
[1]
Cross-sections at a horizontal scale of not
less than one inch equals 100 feet and a vertical scale of not less
than one inch equals 50 feet.
[2]
A minimum of four cross-sections, one cross-section
to be taken longitudinally in approximately the center of the area
and the other three sections perpendicular to the longitudinal section
spaced in approximately equal increments. All sections shall extend
100 feet beyond mining limits.
(b)
Cross-section plots shall use the same elevation
reference datum as used for the contour map.
(c)
Cross-sections shall show the existing ground
profile, approximate extent of overburden, groundwater level, final
mining elevations and final ground elevation after restoration.
(3)
A reclamation plan at a scale not less than one inch
equals 200 feet shall be submitted showing:
(a)
The boundary as shown upon the existing features
map.
(b)
Final proposed elevation contour lines at five-foot
intervals.
(c)
Final ground cover and seedbed preparation.
(d)
Planting schedules.
(e)
All structures and man-made features to be removed
within the reclaimed area.
(f)
Soil erosion and sedimentation control measures.
(4)
Groundwater data. The following groundwater data shall
be submitted:
(a)
Flow rate and direction.
(b)
Static water level.
(c)
Water quality data, if and when requested by
the Township to investigate a specific complaint.
(e)
Soil gas analysis for radon and other air quality
data, if and when requested by the Township to investigate a specific
complaint.
(5)
Preblast survey data and report shall be submitted
showing:
(a)
The independent firm or individual performing
the preblast survey and preblast survey procedures to be utilized.
(b)
Conditions of inventoried structures, including,
but not by way of limitation, dwellings (including the interior thereof),
other buildings (including outbuildings and accessory buildings) with
a foundation, driveways, culverts, aboveground facilities, water wells
and subsurface wastewater disposal. Condition description shall be
limited to components readily available for visual inspection.
(c)
The inventory water level and yield of all private
and public wells within the preblast survey area, where permitted
by the property owner and where access is readily available, including
indoor wells. Written notice of the date and time of the inventory
shall be provided to the property owner and the Township.
(d)
If warranted, specific recommendations for blasting
procedures to prevent damage.
C.
Operating performance standards and setback requirements.
(1)
The quarry operator/owner shall supply to the Township
copies of all submissions to the Department of Environmental Resources
(DER) and the Bureau of Surface Mines.
(2)
Peak particle velocity, as measured with seismographs
meeting DER standards of Subsection 211.44, shall not exceed one inch
per second, and sound levels shall not (except during blasting) exceed
85 decibels (A Scale) from 7:00 a.m. to 10:00 p.m. nor 70 decibels
(A Scale) from 10:00 p.m. to 7:00 a.m. at the property boundaries
of the operator within the Q Quarry Zone, with all such readings to
be averaged over a five-minute period.
(3)
Maximum height of any structure and accessories, including,
but not by way of limitation, storage piles, tanks, etc., shall be
65 feet, exclusive of vents, chimneys, cupolas and similar protrusions,
which shall not exceed 100 feet.
(4)
Groundwater monitoring wells shall be installed every 1,200 feet along the perimeter of the applicant's property closest to the Q Quarry Zoning District boundary line. The quarry operator/owner shall sample monitoring wells at least once every three months for a complete chemical analysis of the water as set forth in Subsection B(4)(d)[2] hereof. The Township shall be notified no fewer than 48 hours prior to the testing date and time in order to permit its designated official to witness the test. Test results shall be kept on file by quarry operator, and copies shall be forwarded promptly to the Township upon request.
(5)
Construction of haul roads and access roads.
(a)
Haul roads and access roads shall be designed,
constructed and maintained to prevent, to the maximum extent possible,
erosion and to prevent contributions of sediment to streams or runoff
outside the affected area, air and water pollution and off-site damage.
Upon completion of the associated surface-mining activities, the area
disturbed by the road shall be restored unless retention of the road
and its maintenance constitutes a part of the postmining land use.
(b)
Roads shall be constructed on stable areas that
avoid wet or unstable soils.
(c)
Prior to the construction of a road, all topsoil
shall be removed, stored on a stable site and protected against erosion
and compaction until restoration of the road.
(d)
Any disturbed area adjacent to the road shall
be vegetated or otherwise stabilized to prevent erosion.
(e)
The road shall be paved, shall be a minimum
of 20 feet in width, shall be divided by a concrete or other barrier
to prevent vehicles from crossing over from the ingress and egress
lanes and shall contain raised asphalt strips, known as "rumble strips,"
placed so as to remove, to the maximum extent reasonably possible,
dirt and mud from trucks exiting the quarry property. The rumble strips
shall be placed only on the outbound lane and shall, together with
the entirety of the haul road, be maintained essentially in the same
condition as when constructed. Any rumble strip shall not be located
closer than 100 feet from the entrance onto a state or Township road.
Specifications for the quarry access road and raised asphalt strips,
also known as "rumble strips," are found in the appendix of this chapter.[2]
[2]
Editor's Note: Said appendix material is on
file in the Township offices.
(f)
The haul road shall be cleaned on an as-needed
basis in order to maintain it in a reasonable clean and dirt-free
condition by utilization of street-sweeping equipment approved by
the Pennsylvania Department of Environmental Resources.
(6)
Except for preexisting uses, a one hundred-foot setback
shall be provided along the zoning line separating the Q Quarry Zoning
District from all residential zoning districts. A two-hundred-foot
setback shall be provided along Oberholtzer Road (T-843). Only roadways
and fencing shall be permitted within the setback area. Berming and
storage of overburden within the setback area is prohibited.
(7)
Distance limitations. Except for preexisting uses,
noncoal surface mining activities shall be conducted no closer than:
(a)
One hundred feet to the outside line of the
right-of-way of any existing thirty-three-foot or greater public highway,
existing public park, existing cemetery or bank of any stream. A two-hundred-foot
setback shall be provided along Oberholtzer Road.
(b)
Three hundred feet to any occupied dwelling
house or commercial or industrial building or any public building,
school or community or institutional building, unless a variance has
been granted by the Pennsylvania Department of Environmental Resources
or by the adjacent property owner, in which case the setback shall
be a minimum of 100 feet from the building. Should a property owner
waive his or her right to prohibit quarrying within 300 feet of his
or her building, the property owner shall prepare and record a waiver
that sets forth the variance to place all future owners of the waiver,
and the property owner shall provide the Township with a copy of the
recorded waiver for its records.
(8)
Berming.
(a)
Except where the topography of the surface mine
would render berming useless, the operator shall create a berm at
least 15 feet in height with a minimum top surface width of 10 feet
and a maximum side slope ratio of 2:1. The berm shall not be located
within the one-hundred-foot setback. There shall be placed atop of
or adjacent to and within 50 feet of the outward toe of said berm
a chain link fence at least six feet in height to totally surround
the proposed limit of mining. In addition, there shall be planted
on the slope of said berm most distant from the proposed limit of
mining hybrid poplars (or their equivalent) on eight-foot spacings
with an inner planting (also on the outermost slope of said berm)
of evergreens also spaced at eight-foot intervals, but with each evergreen
planting being centered between each planting of hybrid poplar. The
evergreen trees shall be a minimum of three feet in height when planted.
Dead or ailing evergreen trees shall be replaced within one growing
season.
(b)
For purposes of this chapter and any other ordinance
of the Township of Washington, berms shall not be considered to be
mining activity and may be located outside the limits of mining as
established by the operator, except as otherwise set forth in this
chapter.
(9)
Preblast survey.
(a)
At least 60 days before initiation of blasting,
the operator of any noncoal surface mine shall notify, in writing,
all residents or owners of dwellings or other structures located within
1,320 feet of the blast site of their right to request a preblasting
survey. On the written request to the operator by a resident or owner
of a dwelling or structure that is located within 1,320 feet of the
proposed blast site, the operator of the surface mining activity shall
promptly conduct a preblasting survey of the dwelling or structure.
If a dwelling or structure is renovated or added to subsequent to
a preblasting survey, then, upon written request by the resident or
owner to the operator, a survey of such additions and renovations
shall be performed by the operator in accordance with this section.
The operator shall provide the Township of Washington with a copy
of such request.
(b)
Not less than 48 hours prior to any preblast
survey, the operator shall notify the Township of the time, date and
location of said survey. The Township shall have the right to designate
a representative to be present at any such survey unless the homeowner
should object, in writing, to the presence of the Township representative.
(c)
A written report of the survey shall be prepared
and signed by the person who conducted the survey. The report may
include recommendations of any special conditions or proposed adjustments
to the blasting procedure which should be incorporated into the blasting
plan to prevent damage. Copies of the report shall be promptly provided
to the person requesting the survey and to the Township of Washington.
(d)
Any preblasting survey requested more than 30
days before planned original initiation of blasting shall be completed
by the operator before the initiation of blasting.
(e)
Photographic or video documentation of preblast
defects shall be kept in the operator's file permanently and made
available to the Township upon request.
(10)
Use of explosives. Public notice of the blasting
schedule shall be completed prior to initiation of blasting by new
noncoal surface mine operators.
(a)
Blasting schedule publication.
[1]
All blasting shall be conducted in strict conformance
with the requirements of the Pennsylvania Department of Environmental
Resources, as they may from time to time be altered, and shall occur
only between the hours of 10:00 a.m. to 2:00 p.m., prevailing local
time, Monday through Thursday, except in the event of extraordinary
circumstances, such as intervening electrical storms resulting in
delay to blasts originally scheduled for permitted hours. In the event
of such extraordinary circumstances, the blasting must occur after
sunrise and before sunset. In addition, the Township shall be promptly
notified of such extraordinary circumstances, and after the Township's
normal business hours, one of the Township Supervisors must be notified.
[2]
Copies of the routine schedule shall be provided
directly or by mail directly to the Township of Washington, and the
Township shall be notified by telephone at least two hours prior to
such blast. Each resident within 1,320 of the blasting site who has,
prior thereto, requested blasting notifications, in writing, shall
be notified by telephone of the scheduled blast at least two hours
prior to such blast.
(b)
Blasting schedule contents. The blasting schedule
shall contain, at a minimum, the following:
[1]
Dates and time periods when explosives are to
be detonated.
[2]
Methods to be used to control access to the
blasting area.
[3]
A description of possible emergency situations
that might prevent blasting at times announced in the blasting schedule,
such as rain, lightning, other atmospheric conditions or operator
or public safety which may require unscheduled detonation.
(c)
Records. Copies of records which are to be kept
in accordance with DER Chapter 211.4.6, Storage, Handling and Use
of Explosives, shall be provided promptly to the Township upon request.
Specifically, the following information may be requested for each
blast:
[1]
The location, date and time of blast.
[2]
The name, signature and license number of the
blaster in charge.
[3]
The type of material blasted.
[4]
The number of holes, burden and spacing.
[5]
The diameter and depth of the holes.
[6]
The types of explosives used.
[7]
The maximum amount of explosives per delay period
of eight milliseconds or greater.
[8]
The total amount of explosives used.
[9]
The maximum amount of explosives per delay period
of eight milliseconds or greater.
[10]
The method of firing and type
of circuit.
[11]
The direction and distance, in
feet, to the nearest occupied structure neither owned nor leased by
the person conducting blasting or the noncoal surface mining operator/owner.
[12]
The scaled distance, Ds.
[13]
The weather conditions.
[14]
The direction of the wind.
[15]
The height or length of stemming.
[16]
The type of delay, electric blasting
caps used and delay periods used.
(11)
Hydrologic balance water rights and replacement.
The operator of any noncoal surface mine which affects by surface
mining activities a public or private water supply by contamination
or interruption, shall restore or replace the affected water supply
with an alternate source of water, adequate in quantity and quality
for the purpose served by the supply. For the purpose of this section,
the term "water supply" shall include any source of water or facility
or system for the supply of water for human consumption, agricultural,
industrial or other uses. In addition, the operator shall post with
the appropriate state agency (or, if no state agency is designated,
with the Township) either a bond or insurance policy conditioned upon
replacement of water supply should the operator adversely affect (either
as to quantity or as to quality) the water supply located within 1,000
feet of the boundaries of the property being mined. Proof of such
insurance and/or bond shall be supplied to the Township on an annual
basis. In the event of the contamination or interruption of a public
or private water supply, there shall be a rebuttable presumption that
the activities of the operator of the noncoal surface mine contaminated,
interrupted or disrupted such water supply.
(12)
Monumenting. The operator shall construct monuments
along the proposed limits of mining in such a manner as to be clearly
visible upon inspection. Said monuments shall be permanently installed
and surveyed. A legal description and plot plan shall be submitted
to the Township.
(13)
"Removal of overburden" shall constitute quarrying
activity for purposes of this chapter. The owner/operator shall not
store overburden materials either outside the Q Quarry Zoning District
or within the setback areas. Upon movement of overburden, said overburden
shall be immediately either removed entirely from the property, placed
in berms as herein described or placed immediately adjacent to said
berms, outside the setback area, for storage. All such storage areas
shall be immediately seeded in such a manner as to prevent erosion
and shall be in total compliance with the requirements of the Pennsylvania
Department of Environmental Resources, as they may from time to time
exist.
D.
Reclamation performance standards.
(1)
When the surface mining operation has concluded, the
area shall be reclaimed by terrace. Terracing shall occur through
the utilization of an overall 2:1 reclamation slope, with the intervening
slopes between terraces being no greater than 45° or the natural
angle of slippage, whichever is greater, and with the height of the
intervening slopes between terraces being no greater than 25 feet
and with the surface width of each terrace being no less than 25 feet.
Upon said terraces shall be placed a twelve-inch layer of available
soil and planted, concurrent with the reclamation, coniferous vegetation
and hybrid poplar so as to create a continuous planting upon each
terrace. Both the hybrid poplar and the evergreens utilized shall
be of a type which shall achieve a minimum height of 25 feet at maturity.
Tree spacing and density shall be the same as for berm planting.
(2)
Where a water impoundment is part of the reclamation,
the slope shall extend to 25 feet below the post-reclamation water
level at a minimum slope of 3:1 to serve as a safety bench for safe
exit from the impoundment. Benches developed below the lower level
of the reclamation safety bench need not be restored; removal of any
benches below the safety bench shall be accomplished only with approval
of the Pennsylvania Department of Environmental Resources.
(3)
Reclamation of a working face shall begin within 180
days after such face has reached its maximum horizontal extent.
(4)
Revegetation.
(a)
Revegetation, where required, shall provide
for a diverse, effective and permanent vegetative cover of the same
seasonal variety native to the area of land to be affected and capable
of self-regeneration and plant succession at least equal in extent
of cover to the natural vegetation of the area; except that introduced
species may be used in the revegetation process where desirable. Vegetative
cover shall be considered of the same seasonal variety when it consists
of a mixture of species of equal or superior utility for the approved
postmining land use, when compared with the utility of naturally occurring
vegetation during each season of the year.
(b)
Revegetation shall provide a quick-germinating,
fast-growing vegetative cover capable of stabilizing the soil surface
from erosion and shall include but not be limited to crown vetch.
(c)
All revegetation shall be carried out in a manner
that encourages a prompt vegetative cover and recovery of productivity
levels compatible with the approved postmining land use.
(d)
Disturbed areas shall be seeded and planted
during the first normal period for favorable planting after reclamation
has commenced.
(e)
When necessary to effectively control erosion,
the disturbed area shall be seeded and planted as contemporaneously
as practicable with a temporary cover of small grain, grasses or legumes
or otherwise protected from erosion until a permanent cover is established.
(5)
Immediately after hauling roads are no longer needed
for the associated surface mining activities or postmining land use:
(a)
The road shall be physically closed to vehicular
traffic.
(b)
The road and adjacent slopes shall be regraded
to blend with the natural contours and drainage patterns.
(c)
All bridges and culverts shall be removed.
(d)
Cross drains, dikes and water bars shall be
constructed to minimize erosion.
(e)
All disturbed areas shall be revegetated in
accordance with this chapter.
(6)
Casing and sealing of wells, soil gas monitoring points
and bore holes.
(a)
Each bore hole, well or other exposed underground
opening (except for holes solely drilled for use in blasting) or other
opening exposed during surface mining activities shall be cased, sealed
or otherwise managed as approved by the Department of Environmental
Resources at the conclusion of surface mining activity to:
(b)
Nothing in this section shall be interpreted
to prevent the utilization of wells in postmining activities.
E.
Hours of operation.
(1)
The owner/operator shall operate its primary stone
crusher no earlier then 5:30 a.m., prevailing local time, and no later
than 9:00 p.m., prevailing local time, Monday through Saturday.
(2)
Quarry truck traffic shall not enter or leave the
quarry between the hours of 10:00 p.m. and 5:00 a.m., prevailing local
time.
(3)
No loading of quarry trucks with stone shall occur
prior to 6:00 a.m., prevailing local time.
(4)
Except as herein set forth, no quarry operations (except
for maintenance) shall occur after 10:00 p.m., prevailing local time.
(5)
There shall be no quarry operations (except for emergency
maintenance) on any Sunday, on New Year's Day, on Memorial Day, on
the Fourth of July, on Labor Day, on Thanksgiving Day or on Christmas
Day.
(6)
Owner/operators shall not, except for local deliveries,
use any Township roads other than Oberholtzer Road (T-843), Limekiln
Road (T-842) and Old Route 100 (SR 2069), except upon written agreement
to repave said Township road as necessary to repair any damage to
the road occasioned by its use of said roads. The time for repavement
of such Township roads shall be agreed upon, from time to time, by
the Township Engineer and the owner/operator's engineer.
F.
Inspections.
(1)
The Township shall have the right to inspect the quarrying
operations at any time during normal business hours upon notice to
the owner/operator.
(2)
Inspection fees. The owner/operator shall pay an annual
inspection fee to the Township of Washington in the total amount of
$6,250 to defray Township administrative, engineering and/or legal
costs of overseeing quarry operations. Said fee of $6,250 shall be
increased annually in an amount equal to the increase (if any) in
the Consumer Price Index published by the United States Government,
Bureau of Labor Statistics, for all urban consumers in the Philadelphia
area, to be recalculated at three-year intervals. A like annual fee
shall be paid upon the installation of a concrete plant, with a like
periodic increase beginning on the fourth year after such installation.
A like annual fee shall be paid upon the installation of a bituminous
asphalt plant, with a like periodic increase beginning on the fourth
year after such installation. Said fee shall be due at the time of
application for a permit hereunder and annually on the first day of
each calendar year thereafter.
G.
Permitted uses. Permitted uses shall include, on any
parcel of real property, any one or more of the following:
(1)
Noncoal surface mining, as defined herein.
(2)
Retail and wholesale sales of stone and stone-related
products.
(3)
Concrete plant.
(4)
Manufacture of concrete items.
(5)
Open space.
(6)
Bituminous asphalt plant.
(7)
Agricultural, subject to any applicable farm regulations
contained in this chapter.
(8)
Accessory uses (including offices for any permitted
principal or accessory uses, including but not limited to a quarry,
construction, concrete or bituminous asphalt business and sales offices)
related to the aforesaid permitted uses.
H.
Minimum lot size. The minimum lot size for any one
use or combination of more than one use permitted by this article
shall be 10.00 acres.
I.
More stringent regulations to apply. Where the provisions
of any statute, regulation (including DER regulations) or other Township
ordinance impose greater restrictions than those set forth in this
article, the provisions of such statute, regulation or ordinance shall
prevail. Where the provisions of this article impose greater restrictions
than those of any statute, regulation or other ordinance and where
the Pennsylvania Department of Environmental Resources permits multiple
regulations, the provisions of this article shall prevail.
J.
Uses by special exception. Uses permitted by special
exception shall be as follows:
(1)
Communications towers and communications equipment buildings, communications antennas mounted on an existing public utility transmission tower, building or other structure, including existing communications towers and communications equipment buildings, subject to the standards set forth in Article XXI, as well as Article XVIII, § 131-105B of this chapter.
[Added 7-9-1998 by Ord. No. 1998-6]
[1]
Editor's Note: Resolution No. 1994-9A, adopted
10-13-1994, set the duration of such permits at five years and requires
the submittal of a map, a list of nearby residents, a land development
plan and a description of the proposed work in conjunction with the
permit. A complete copy of Res. No. 1994-9A is on file in the Township
offices.
A.
A dispute committee shall be formed by Washington
Township to resolve, if possible, differences, disagreements and complaints
between a noncoal surface mining operator, the Township and/or any
citizen of the Township with a complaint involving the conduct of
operations of a noncoal surface mining operator within Washington
Township. The committee shall consist of the following:
B.
Should the dispute committee unanimously arrive at
an agreement as to the proper resolution of any dispute, the resolution
shall be immediately reduced to writing and executed by all parties.
Immediately upon execution by all parties and acceptance by the Township
Board of Supervisors pursuant to the then-applicable laws of the Commonwealth
of Pennsylvania, the agreement shall become binding on all parties.
Should no unanimous resolution be achieved, the parties may proceed
under the laws of the Commonwealth of Pennsylvania as they then exist.
