All mining sites shall be fenced prior to the commencement of
extractive operations and prior to the placement on the site of machinery
or buildings. The fence shall completely surround the borders of the
subject property, provided, however, for good cause shown in relation
to the protection of public safety in view of the operations conducted,
the Township Board may, in its discretion, modify the precise location
of fencing. The minimum specifications for the fencing shall be as
follows: a six-foot-high farm-type fence of number-nine-gauge wire,
number-twelve-gauge bottom wire, number-fourteen-gauge stays and intermediate
wires with spacing of six inches vertically by 12 inches horizontally;
all stays shall be of fourteen-gauge wire; and support posts shall
be spaced on sixteen-foot centers or less.
The perimeter of any mining site shall be conspicuously and
adequately posted with signs sufficient to indicate the danger of
trespassing in the area. In no event shall such signs be more than
200 feet apart, and the same shall be constructed of a rigid and sturdy
material and shall be maintained and replaced as needed.
All active excavations and mining operations shall be visually
screened from view from all adjacent public highways and residentially
used parcels. Any of the following methods shall be used for such
screening, as determined by the Township Board, following recommendation
of the Planning Commission:
A.
Construction of a raised-earth berm along the boundary lines of the
premises where such lines abut a public highway, abut privately owned
property which is improved and occupied for residential purposes,
and at such places as are necessary to screen processing equipment
from the view of a person standing at ground level on any parcel of
land improved and occupied for residential purposes located adjacent
to or which fronts on any of the roads forming the boundaries of the
mining site. When constructed along public highways, the berm shall
be of sufficient height to screen processing equipment from view of
the general public using the highway. Where the berm is constructed
adjacent to residential property, or to screen nonadjacent residential
property, it shall be sufficient in length and height to screen that
portion of the property actually improved and occupied for residential
purposes. All berms constructed adjacent to residential property shall
be designed to prevent soil erosion, encroachment and excessive water
runoff. During the next planting season following the replacement
of the berm, and as often as may be necessary thereafter to ensure
the existence of a vegetative ground cover, the licensee shall seed
or plant the berm in a manner suitable for the area, and for soil
conditions, so as to provide a visible ground cover substantially
similar to the vegetative cover previously on the property and/or
on adjacent property. Where the topography of the area acts as a natural
screen, the Township Board may waive the berm requirement. The berm
shall have slopes not in excess of one-foot vertical to three-feet
horizontal; or
B.
Planting of coniferous trees along the boundaries of the property
with sufficient rows and depth to permit effective screening, as determined
by the Township Board and following recommendation of the Planning
Commission.
The hours of operation by the permittee under this chapter shall
be as follows:
A.
Activities involving the sale of mineral and/or any other removal
of material and/or any other activity involving ingress and egress
by large vehicles and/or equipment, shall be carried on exclusively
between the hours of 7:00 a.m. and 5:30 p.m.
B.
Activities involving the mining and extracting of materials, processing
and stockpiling of minerals and/or other operation of motor-driven
vehicles and/or equipment shall be limited to the hours of 7:00 a.m.
through 7:00 p.m.
C.
Equipment maintenance and repair may be carried on at any time between
the hours of 7:00 a.m. and 7:00 p.m.; provided, however, that emergency
repairs may be made during other hours with the condition that the
Director of the Building Department be given notice of such activities.
D.
No activities on the property shall occur on Sunday with the exception
of emergency repair activity required to permit the commencement of
operations on the following Monday morning, however, this exception
shall not apply in the event that such activities shall involve the
operation of vehicles and equipment earlier that 7:00 a.m. and later
than 7:00 p.m.
E.
The use of explosives of any kind shall only be permitted if authorized
in the permit issued under this chapter, and in addition shall only
be authorized upon 14 days' advance written notice to the Director
of the Building Department.
F.
The limitation of operations on legal holidays shall be the same
as the limitations applicable to Sundays.
All parcels being mined under the provisions of this chapter
shall have direct access to a major thoroughfare as designated on
the intercounty right-of-way plan having a minimum right-of-way width
of 120 feet, which roadway shall be improved in accordance with the
county road commission requirements. In the event the operation of
a mined area shall cause any mined material, overburden and/or similar
materials to be deposited upon the public highway in the Township,
it shall be the responsibility of the operator to remove such materials
within 12 hours of receipt of notice from the Director of the Building
Department. This requirement shall not waive any other higher or more
restrictive requirements by any other governmental entity or agency.
All roads within the mineral mining site shall be maintained
by the operator at all times in a dust-controlled condition by the
use of hard-surface paving material, or the application of other dust
retardants. Moreover, the location and maintenance of roads shall
be such as to avoid harm and/or impairment to any bodies of water,
as well as to surface water and/or groundwater.
All equipment and facilities used in the production, processing
or transportation of minerals such as sand, gravel, or stone shall
be constructed, maintained and operated in such a manner as to eliminate,
insofar as practical, sounds, vibrations, or dust which interfere
with the reasonable use and enjoyment of surrounding property. As
a minimum, the operations shall conform to all performance standards
set forth in the Township Zoning Ordinance, as amended, or any succeeding
Zoning Ordinance, except as specifically modified herein. Where feasible,
the processing plant and accessory equipment shall be situated below
the average grade of the surrounding parcels so as to effectuate screening
from sight, sound, dust and vibration.
The intensity level of sounds shall not exceed the following
decibel levels, as measured from the nearest property line of the
following types of adjacent uses, where applicable: 55 decibels from
residentially used property; 60 decibels from commercially used property;
and 70 decibels from industrially used property. Measurements shall
be made under this section on an "A" weighing scale.
All lighting used to illuminate the property and operation and
each and every portion thereof, shall be directed away from surrounding
property. Shielding shall be required where lighting would otherwise
be directed toward a residential use and/or county road.
No aspect of the operation, including, without limitation, mining,
storage and/or transportation of minerals, shall result in a danger
to the public health or safety, and/or impairment and/or pollution
of the groundwater, surface water and/or watershed. Surface water
shall at all times be directed in such a manner so as not to interfere
with the adjoining property owners; provided, however, that maintenance
of the direction and volume of the natural flow of surface water shall
not be deemed an interference. Proper drainage shall be provided at
all times to prevent the collection and stagnation of water except
in conformance with the reclamation plan as approved as part of the
permit. All stormwater and drainage plans shall be prepared in accordance
with the Township stormwater management plan and subsequently reviewed
and approved by the Township Engineer prior to issuance of any permit.
All machinery and other operations conducted on or at the mining
site which cause vibration shall be conducted so as to prevent transmission
of ground vibration. The ground vibration shall be measured from any
lot adjoining the site, and the vibrations shall not exceed the vibration
perception threshold of an individual standing on said lot line.
Activities in connection with the mining operations shall not
create slopes and/or pit or depression in the earth closer than 160
feet from the center of the nearest street, highway, alley or road,
or 100 feet from the nearest property line, provided, however, the
Township Board may, as part of the permit, prescribe greater distance
requirements in order to ensure sublateral support to surrounding
property as reasonably required, or where the Township Board reasonably
finds the same to be necessary for the protection of the public health,
safety or welfare from a particular danger.
Machinery, equipment and methods of operation on the mining
site shall be limited to those specified in the permit application,
unless approval for same is subsequently granted by the Township Board,
in which case such approval shall be made part of the permit.
Any and all activities of the mining operation and incidental uses where applicable shall be subject to the floodplain and wetlands protection regulations set out in Chapter 210, Floodplain and Wetlands Protection, in addition to all of the standards required in any other applicable law, ordinance or regulation, including this chapter. Where applicable, the permittee shall obtain a concurrent permit from the Township Board, as required by the floodplain and wetlands protection regulations in Chapter 210, Floodplain and Wetlands Protection, prior to commencement of any operations and shall also follow the standards and specifications of the Township stormwater management plan.
All machinery, equipment, processing plant, and related uses
shall not be closer than 160 feet from the center of the nearest street,
highway, alley, or road or 100 feet from the nearest property line
regardless of the minimum setbacks as prescribed in the Zoning Ordinance.
All stockpiles of mineral and processed material shall not be located within the setback area required in § 267-25. The height of said stockpiles shall not exceed the applicable height standards for the zoning district in which the stockpiles are located. Screening as required in § 267-13 may be located within said setback area if so approved as a part of the permit by the Township Board.
