Township of Lower Allen, PA Article XIII I-2 Mineral Recovery District

§ 220-87 Intent.

The specific intent of the this article is:

A. To identify an area or district where recovery of minerals from the earth is a permitted use.

B. To recognize that in certain cases federal and state regulations apply to the recovery of minerals.

C. To provide additional safeguards deemed necessary to protect the health, safety and welfare of the citizens of the Township.

§ 220-88 Permitted uses.

The permitted uses are as follows:

A. Nonresidential uses shall be permitted in accordance with the NAICS as follows:

NAICS No.	Category
21	Mining
22112	Electric Power Transmission, Control and Distribution
2212	Natural Gas Distribution
2213	Water, Sewage and Other Systems
23	Construction
324	Petroleum and Coal Products Manufacturing
327	Nonmetallic Mineral Product Manufacturing
562	Waste Management and Remediation Services
8113	Commercial and Industrial Machinery and Equipment Repair and Maintenance (except Automotive and Electronic)

B. Timbering, processing, sales and restoration.

C. Accessory dwellings for watchmen or caretakers employed on the premises.

D. Public and private parks and recreation areas and appurtenant buildings and improvements, when they are compatible with all other authorized uses on the site and the reclamation of the site.

E. Agricultural uses.

F. Signs, in accordance with Article XXV.

§ 220-89 Application.

A. An application shall be filed with the Zoning Officer prior to the issuance of a use or zoning permit for the establishment or expansion of the following uses:

(1) Surface mining, processing, sales and restoration.

(2) Storage, stockpiling, distribution and sale of minerals.

(3) Installation and operation of plants or apparatus for rock crushing or cement treatment of base materials and appurtenant screening, blending, washing, loading and conveyer facilities.

(4) Concrete batching plants and mixing plants for either portland cement or asphalt concrete.

(5) Manufacture of concrete and clay products and precast structural units.

B. Such application shall include the following:

(1) An application fee in such amount as shall be determined by the Board of Commissioners Fee Schedule.[1]

[1] Editor's Note: Current Fee Schedule is on file in the Township offices.

(2) A copy of all applications, plans, maps and related information filed with any regulatory agency or body having jurisdiction and all permits issued with respect thereto for review by the Planning Commission and the Board of Commissioners.

(3) The applicant shall post security, as permitted in the Surface Mining Conservation and Reclamation Act,[2] in the amount of $1,000 per acre. If such security has been posted with another regulatory agency or body having jurisdiction, naming the Township as additional obligee, an additional bond shall not be required.

[2] Editor's Note: See 52 P.S. § 3301 et seq.

C. Prior to the issuance of a use or zoning permit for the establishment or expansion of permitted uses, excluding permitted uses listed above within Subsection A, a building and/or zoning permit and other applicable state and federal permits shall be obtained by the appropriate agency.

§ 220-90 Lot area and width.

A. The minimum lot area shall be five acres.

B. The minimum lot width at the building line shall be 200 feet.

§ 220-91 Lot coverage and open space.

A. Principal and accessory buildings shall not cover more than 50% of the lot area.

B. Not less than 20% of the lot area shall be covered with lawn and plantings.

§ 220-92 Yards.

Yards of the following minimum depths and widths shall be provided, except as provided in § 220-212:

A. The minimum front yard depth shall be 50 feet.

B. The minimum side yard width shall be 25 feet.

C. The minimum rear yard depth shall be 50 feet.

§ 220-93 Special setback regulations.

Unless otherwise provided for by the Pennsylvania Department of Environmental Protection, the following special setback regulations shall apply to uses as contained within § 220-88:

A. Activities shall not be nearer than 100 feet to any property line or public street.

B. Activities shall not be nearer than 300 feet to an occupied dwelling unit or commercial or industrial building, unless released by the owner thereof.

C. Activities shall not be nearer than 300 feet to a public building, school, or institutional building or a public park.

D. Activities shall not be nearer than 100 feet to a cemetery.

E. Activities shall not be nearer than 100 feet to a bank of a perennial or intermittent watercourse.

F. All activities shall be protected by a fence or wall six feet high and shall have openings no larger than six inches.

G. Quarry walls shall not be readily visible from public streets or adjacent developed properties, except for ingress and egress roads.

§ 220-94 Performance standards.

A. In addition to special setback requirements for certain uses as provided for within § 220-93, all uses must comply with performance standards as set forth within Article XIX herein.

B. All activities must be undertaken in compliance with the Noncoal Surface Mining Conservation and Reclamation Act of 1984, as amended.[1]

[1] Editor's Note: See 52 P.S. § 3301 et seq.

§ 220-95 Off-street parking, loading and unloading areas and access drives.

Off-street parking, loading and unloading areas and access drives shall be provided in accordance with Article XXIV.

§ 220-95.1 Building height limit.

[Added 9-10-2018 by Ord. No. 2018-08]

No building shall exceed a height of 75 feet. When adjacent to a residential district or use, two feet in additional setbacks along the adjacent property lines shall be provided for every foot that the building height exceeds 50 feet. This building height limit does not apply to unoccupied processing or manufacturing equipment and structures associated with permitted mineral recovery district uses.