A.
Intent. These conditions are intended to provide for
the reasonable development of minerals within College Township while
providing reasonable protection to the Township and to the neighborhood
in which the mining or quarrying operation will occur against possible
detrimental effects of the mining operations.
B.
Buffer requirements. Mining and quarrying sites shall
be located and buffered in such a manner as to minimize the noise-related
impacts associated with the operation. The options set forth below
allow flexibility for the applicant to select criteria best suited
for a given operation while providing the Township with the opportunity
to ensure a reasonable level of protection against possible negative
impacts. An applicant for a conditional use permit shall employ either
set of the following conditions:
(1)
Option 1. The buffer requirement of Option 1 consists
of a landscaped soil berm.
(a)
The required berm shall have a total height
of not less than six feet.
(b)
Where there is a difference in elevation on
opposite sides of the berm, the height shall be measured from the
highest elevation.
(c)
To accommodate the required landscaping, the
berm shall be constructed of earthen materials, shall be a minimum
of 25 feet in width and shall be stabilized with topsoil and grass
and/or other suitable vegetative groundcover.
(d)
The top of the berm shall be landscaped to provide
additional noise attenuation. The landscaping shall consist of the
following:
[1]
A minimum of one row of coniferous trees shall
be planted. The required trees shall be spaced no less than 10 feet
and no more than 15 feet apart on center. The trees shall be a minimum
of six feet in height at the time of planting. Due to varying tree
spread patterns and hardiness in the local environment, the required
trees shall be a variety of spruce or fir to ensure that the noise
attenuation effects are maximized.
[2]
One row of evergreen shrubs shall be planted
and shall be spaced at an interval of not more than five feet, though
not evenly spaced across as screen width. The shrubs shall be at least
three feet tall at the time of planting.
(e)
The berm requirements may be modified or waived
by the Township for that portion of the site which has natural geologic
conditions, features and resources which would serve the same objectives
as the soil berm and which, in the opinion of the Township Engineer,
should not be disturbed by the berm construction.
(f)
In combination with the above berming requirements,
the following distance requirements shall apply:
[1]
Mining or quarrying activities shall not occur
within 100 feet of land zoned or used other than RR Rural Residential
(excluding I-1 General Industrial).
[2]
Mining or quarrying activities shall not occur
within 100 feet of a public road right-of-way.
[3]
Mining or quarrying activities shall not occur
within 600 feet of any residential dwelling unit unless the applicant
obtains written permission of the property owner(s) consenting to
the operation.
[4]
Mining or quarrying activities shall not occur
within 600 feet of any public building, public park or other public
institution unless the governing body having jurisdiction over the
site has consented to the operation.
[5]
Mining or quarrying activities shall not occur
within 700 feet of any structure listed on the National Register of
Historic Places.
[6]
Mixing plants, crushers and other processing
mechanisms on the site shall not be located within 1,000 feet of any
residential dwelling unit unless the applicant obtains written permission
of the property owner(s) consenting to operation. In order to minimize
noise and traffic impacts, processing mechanisms shall, if practicable,
be located on the site. All processing mechanisms shall be located
at the lowest practicable site elevation.
(2)
Option 2. The criteria set forth in Option 2 are designed
to be utilized in the instance where the applicant for a conditional
use permit elects against the berming provisions included in Option
1 above or if, for any other reason, the berming provisions included
in Option 1 above are not employed. The conditions outlined in Option
2 consist of a dense vegetative buffer.
(a)
Series of trees.
[1]
The required buffer will consist of a series
of coniferous trees and deciduous canopy trees to be planted within
a thirty-foot-wide buffer area according to the following schedule:
|
Required Plant Units per 100 Linear Feet
| ||
|---|---|---|
|
Type
|
Number
| |
|
Evergreen
|
24
| |
|
Canopy
|
10
| |
[2]
The plant unit multiplier shall be one. Twenty
percent of the coniferous trees shall be a minimum of eight feet in
height at the time of planting. The remainder of the coniferous trees
shall be a minimum of six feet in height at the time of planting.
All canopy trees shall be a minimum of six feet in height at the time
of planting.
(b)
Due to varying tree spread patterns and hardiness
in the local environment, the required coniferous trees shall be a
variety of spruce or fir to ensure that the noise attenuation effects
are maximized.
(c)
In combination with the above landscape buffer
requirements, the following distance requirements shall apply:
[1]
Mining or quarrying activities shall not occur
within 200 feet of land zoned or used other than RR Rural Residential
(excluding I-1 General Industrial).
[2]
Mining or quarrying activities shall not occur
within 200 feet of a public road right-of-way.
[3]
Mining or quarrying activities shall not occur
within 1,200 feet of any residential dwelling unit unless the applicant
obtains written permission of the property owner(s) consenting to
the operation.
[4]
Mining or quarrying activities shall not occur
within 1,200 feet of any public building, public park or other public
institution unless the governing body having jurisdiction over the
site has consented to the operation.
[5]
Mining or quarrying activities shall not occur
within 1,400 feet of any structure listed on the National Register
of Historic Places.
[6]
Mixing plants, crushers and other processing
mechanisms on the site shall not be located within 1,500 feet of any
residential dwelling unit unless the applicant obtains written permission
of the property owner(s) consenting to operation. In order to minimize
noise and traffic impacts, processing mechanisms shall, if practicable,
be located on the site. All processing mechanisms shall be located
at the lowest practicable site elevation.
(3)
The following conditions shall apply to both Option
1 and Option 2:
(a)
Installation and maintenance along perimeter.
[1]
At a minimum, the operator shall install and/or
maintain the required buffer along the perimeter of the visible portion
of the area to be operated. This portion shall be defined as any part
of the site visible from any adjacent parcel or any adjacent public
right-of-way. An exception to this requirement may, at the request
of the applicant, be granted by the Township Council when the following
apply:
[2]
In order to maintain the integrity of the buffer,
if such a request is approved, the buffering requirements shall extend
to the entirety of the existing site.
(b)
In order to maximize noise attenuation, the
buffer shall, to the greatest extent practicable, be located within
a fifty-foot zone nearest to the adjacent property or public right-of-way
from which the specified distance requirements have been measured.
(c)
Prior to planting of any required landscaping,
the applicant shall provide evidence of a soils test to determine
soil suitability to sustain the required landscaping and to determine
any necessary soil supplements or remedies.
(d)
Alternative designs for buffering may be approved
if the applicant can show, through the submission of a comprehensive
noise study, that the alternative designs are at least as effective
in controlling noise-related impacts.
(e)
All required buffering shall be installed prior
to commencement of operations.
(f)
Adequacy of the buffer shall be determined by
the Township Engineer.
(g)
Site-specific exceptions to the buffering requirement
shall be available for vehicular access, public and other infrastructure
improvements (including drainage systems), maintenance requirements
and safety considerations. The nature and location of such exceptions
shall be approved by the Township Engineer.
(h)
The operator shall provide a bond or other acceptable
security in the amount of 100% of the cost of improvements for approved
buffering, which will be returned after the improvements have been
satisfactorily installed and have been in place for one year.
(i)
Acceptability shall be determined on advice
of the Township Solicitor.
(j)
Adequacy as to amount shall be determined by
the Township Engineer.
A.
Intent. The intent of this chapter is to provide the
College Township Council with the opportunity to review plans related
to the operation and to ensure consistency and compatibility with
local land use goals.
B.
All proposed, pending and/or approved reclamation
plans required by any governing body or regulatory agency shall be
submitted to the Township for review and consideration prior to issuance
of a conditional use permit.
C.
The operator will provide a bond or other acceptable
security to ensure that land will be reclaimed in accordance with
the approved reclamation plan.
D.
In order to minimize additional adverse impacts to
adjacent properties, when any mining or quarrying operation (including
legally nonconforming operations) expands into an area governed by
the provisions set forth in this chapter, efforts should be made by
the operator, to the greatest extent practicable, to commence reclamation
activities on the existing mined or quarried portion of the site.
Completed areas should be resurfaced and restored in accordance with
approved reclamation plans prior to or concurrent with the commencement
of extraction activities in an undisturbed area.
E.
Right of first refusal. Chapter 133 of the Code of the College of Township provides for the creation and adoption of an Official Map. The College Township Council may include, as a condition of approval, the right of first refusal for any property identified on the Official Map as necessary for public use.
A.
Timing. Unless the uses and conditions prescribed
in a conditional use permit are implemented within a maximum period
of two years of the issuance of all permits required by any federal
or state agency having regulatory authority over the conduct of such
uses, the conditional use permit shall expire. Evidence of receipt
of all necessary permits shall be provided to the Township. The Planning
Commission may grant a maximum extension of one year under exceptional
circumstances.
B.
Discontinuation of use. Discontinuation of any nonconforming
operation for a period of more than one year shall result in the loss
of vested status for that operation. "Discontinuation" is defined
as the cessation of excavation or processing of material.
C.
Inspection. The Township shall conduct an annual inspection
to ensure compliance with all approved conditions. An inspection fee
may be set by Township Council resolution.
D.
Blast notification. The applicant shall maintain a
blast notification list for anyone who requests notification and who
owns, resides on or has a business interest in property located within,
at a minimum, a radius of one mile around the site. Notification shall
be provided at least 24 hours prior to blasting. The applicant shall
provide an up-to-date blast notification list for Township review
at the time of annual inspection.
E.
Preblast survey. Prior to the issuance of a conditional
use permit, the applicant shall provide documentation of the condition
of buildings, structures, wells, infrastructure, protected and unique
natural resources and historic sites located within 1,400 feet of
the proposed site. Adequacy of the survey shall be determined by the
Township Engineer. Any preblast surveys required by any federal or
state agency subsequent to the issuance of a conditional use permit
shall be provided to the Township.
F.
Landscaping. The Township shall require that the applicant
submit an annual survey of the health of all required landscaping.
This survey shall be required in each of the first two years after
planting. The applicant shall replace any trees not surviving as of
the date of each survey.
G.
Modification of conditions. No approved conditional
use shall be modified or expanded in ground area unless the plan is
amended and approved in accordance with procedures applicable to initial
approval of the conditional use permit.
A.
Operational conditions. To further protect the health,
safety and welfare of adjacent property owners, the following conditions
shall also apply:
(1)
Hours of operation. The hours of operation at any
site shall be limited as the Township Council deems advisable.
(2)
Dust mitigation. A dust mitigation plan shall be provided.
Dust and debris from any mining and quarrying operation shall not
be permitted to accumulate within the right-of-way of any public road.
Adequate applicable technology shall be employed on the site to prevent
any dust and/or materials from being washed and/or blown from the
site. Adequacy of the dust mitigation plan shall be determined by
the Township Engineer.
(3)
Environmental impact analysis. The applicant shall
provide an environmental impact analysis to address the following:
watershed impacts, surface and/or groundwater resource impacts, air
quality impacts and erosion, sedimentation and stormwater impacts.
Adequacy of the analysis shall be determined by the Township Engineer.
The applicant shall provide any environmental impact reports, statements
or analyses that are required by any federal, state or county governing
body or regulatory agency having jurisdiction over the conduct of
mining and quarrying operations.
B.
Site-specific conditions. The Township Council may
impose other conditions not listed above as are shown to be necessary
and appropriate to protect the public health, safety and welfare,
provided that those conditions do not preclude the reasonable development
of minerals within College Township. Such conditions may include,
but are not limited to:
(1)
Development phasing schedule. Council may impose conditions
related to the phasing of mining and quarrying activities as it deems
necessary to protect public health, safety and welfare.
(2)
Open space dedication. Council may impose conditions
related to the provision of open space in order to implement the land
use goals of the Centre Region Comprehensive Plan.
(3)
Fencing and screening. The applicant shall provide
details showing any fencing and/or screening proposed to be located
on the site. Council may impose fencing and/or screening conditions
as it deems necessary to protect public health, safety and welfare.
(4)
Lighting. The applicant shall provide details showing
the height, number, types and location of any fixtures proposed to
be located on the site. Council may impose lighting conditions as
it deems necessary to protect public health, safety and welfare.
