[1]
Editor’s Note: The title of this district was changed
from “Quarry (Q) District” to “Mining and Natural
Extraction (MNE) District” 12-21-2015 by Ord. No. 221-2015.
[Amended 12-21-2015 by Ord. No. 221-2015]
The purpose of the Mining and Natural Resource Extraction (MNE)
District is to designate appropriate areas of the Township for land
uses dependent upon the availability of geologic resources, including
open pit mining and related aggregate processing facilities and operations
when satisfying specific standards, criteria and procedures administered
by the commonwealth and the Township. The district also accommodates
suitable uses that can precede actual mining activities as well as
suitable uses for reclaimed mines and quarries as permitted herein.
Permitted uses shall be as follows:
A.
Any use permitted in the Agricultural District, subject to all of the requirements of Article VII of this chapter except as specifically modified by this article.
B.
Government regulated recreation areas and public parklands.
C.
Municipal uses.
D.
Accessory buildings and uses customarily incidental to the above
uses.
E.
Expansion of an existing open pit mining facility.
F.
Upgrading or replacement of an existing aggregate processing facility at an existing open pit mining facility. The change from one type of related processing operation to a different type of related processing operation (i.e., changing an existing facility from concrete production to asphalt or asphaltic concrete production) or the addition of a new product (i.e., production of asphalt or asphaltic concrete in addition to concrete at an existing concrete production facility) shall be considered a new related processing operation and shall be subject to all requirements of §§ 240-26 and 240-30.
The following uses are permitted when special exceptions are
granted by written approval of the Zoning Hearing Board. In granting
any special exceptions, the Board may attach certain conditions to
its approval which it feels are necessary requirements in order to
preserve and protect the character of the district in which the proposed
use would be located.
All agricultural buildings and uses shall be subject to the height and area requirements established in Article VII. Open pit mining and related aggregate processing facilities shall be subject to § 240-29. All other uses authorized in this district shall be subject to the following requirements:
A.
Height. No building shall be erected to a height in excess of 35
feet.
B.
Minimum lot area. The minimum lot area for all principal buildings
or uses shall be one acre.
C.
Minimum lot depth. The minimum lot width shall be 100 feet at the
building setback line.
D.
Minimum lot depth. The minimum lot depth shall be 150 feet.
F.
Side yard. There shall be two side yards, neither of which shall
be less than 15 feet.
G.
Rear yard. The minimum rear yard shall be 50 feet in depth.
All agricultural buildings and uses shall be subject to the height and yard requirements established in Article VII. Open pit mining and related aggregate processing facilities shall be subject to § 240-29. All other uses authorized in this district shall be subject to the following requirements:
A.
Maximum height: 20 feet.
B.
Front yard minimum depth. The minimum building setback line from
all streets shall be the same as for the principal building plus 15
feet.
C.
Side yard. The minimum distance to any side lot line shall be 10
feet.
D.
Rear yard. The minimum distance to any rear lot line shall be 10
feet.
A.
All open pit mining and related aggregate processing facilities shall:
(1)
Not substantially injure or detract from the lawful existing or permitted
use of neighboring properties.
(2)
Not adversely affect any public or private water supply source.
(3)
Not adversely affect the logical efficient and economical extensions
of public services, facilities and utilities throughout the Township.
(4)
Not create any significant damage to the health, safety, or welfare
of the Township and its residents and property owners.
(5)
Not result in the land area subject to mining being placed in a condition
which will prevent the use of that land for economically and ecologically
productive uses upon completion of the mining operation.
(6)
Demonstrate compliance with all applicable state and federal regulations
at all times.
(7)
Be designed so that all accessory and support facilities, such as
employee parking lots, topsoil stockpiles, spoil piles, truck and
equipment maintenance facilities, processing operation, and offices
be so located to avoid prime agricultural soils whenever possible.
(8)
A truck wash rack and water supply shall be placed at a location
appropriate to be used to remove any mud that may have attached to
a vehicle's wheels prior to accessing Township and state roads. A
sedimentation pond shall be used to collect the wash water and mud.
The truck wash rack and sedimentation pond shall be maintained throughout
the life of the open pit mining operation and for any reclamation
work after open pit mining is completed.
B.
Plan requirements. In addition to application materials required under this section and under any other section of this chapter, the applicant for a new open pit mining facility, with or without related aggregate processing facilities, or the expansion of an existing open pit mining facility or an existing related aggregate processing facility shall submit the following specific documents and other illustrative or descriptive material that establish by credible evidence compliance with those general objectives of § 240-29A.
(1)
Plan of general area (within a one-mile radius of site) at a scale
of 500 feet or less to the inch with a twenty-foot or less contour
interval to show existing land uses and data, including but not limited
to:
(a)
Site location with respect to general area.
(c)
State and Township roads showing pavement and right-of-way width,
weight loads, types of surfaces, existing traffic data or counts for
those road intersections nearest the proposed mining operation, and
proposed routing of quarry trucks.
(d)
Other uses potentially affecting or affected by the proposed
open pit mining, processing or aggregate recycling facilities and
operations.
(e)
Applicable requirements and data of this chapter.
(2)
Plan of proposed site and adjacent area at a scale of 500 feet or
less to the inch with a twenty-foot or less contour interval to show:
(a)
Existing natural resource data:
[1]
Geology, including confirmed areas with aggregate.
[2]
Soils (prime farmland soils to be highlighted).
[3]
Surface water and groundwater features (streams, floodplains,
wetlands, drainage basins, aquifer, water quality report, etc.).
[4]
Site topography.
[5]
Current vegetation, with dominant species.
[6]
Wind data: directions and percentage of time.
(b)
Proposed use:
[1]
Plan of operation, showing mining or borrow pit, or area to
be stripped, related aggregate processing facility location(s), proposed
buildings or structures, overburden areas, spoil piles, soil stockpiles,
truck and equipment storage areas, employee parking areas and number
of spaces, etc. Including phase plan, if applicable.
[2]
Final grading by contours.
[3]
Interior road pattern, its relation to operation yard and proposed
points of ingress and egress to state and Township roads, including
sight distance estimates and any proposed entrance improvements.
(3)
Plan of chapter compliance showing:
(a)
Proposed perimeter fencing location, height and material.
(b)
Soil embankments (berms) and landscaping for noise, dust, and
visual barriers, including heights and side slopes of soil mounds,
and landscaping materials and specifications.
(c)
Method of disposition of excess water during operation.
(d)
Truck wash rack and sedimentation pond.
(e)
Mining operation setbacks.
(f)
Location and typical schedule of blasting.
(g)
Machinery: location, type and noise levels.
(4)
Illumination plan designating the location and type of lighting.
(5)
Landscaping plan showing existing and proposed berms, trees and plantings.
(6)
Reclamation plan consistent with the submittal requirements of Title 25, Chapter 77, Noncoal Surface Mining, of the Pennsylvania Code. At a minimum, the reclamation plan shall provide a detailed description of the proposed use of the site once the mining operation has ceased, including a description of any zoning and/or subdivision approvals or remedies that would be necessary to accommodate the proposed use. If the reclaimed use proposed is other than agricultural, state if the applicant intends to dedicate the site to the Township upon completion of the reclamation works, propose reclamation to occur in phases whenever possible. The applicant shall provide written notification to the Township within 30 days whenever a change in the reclamation plan is proposed to the DEP.
C.
Document and information requirements. In addition to application materials required under any other section of this chapter and the plans required in § 240-29B(1), the applicant for a new open pit mine, with or without related aggregate processing facilities, and the applicant for the expansion of an existing open pit mining facility or an existing related aggregate processing facilities, shall submit the following specific documents and information that establish by credible evidence compliance with those general objectives of § 240-29A:
(1)
Estimated amount and description of annual and ultimate aggregate
and overburden to be removed.
(2)
Ultimate use and ownership of site after completion of operation.
(3)
Source and amount of water, volume required for processing; wastewater
from processing: treatment and means/point of discharge/groundwater
recharge.
(4)
Safety measures: monitoring and response to complaints.
(5)
Copies of all documents and materials filed with DEP as part of the
applicant's concurrent noncoal mining permit application. Where providing
the same information as requested in this section, DEP application
materials may be submitted to meet requirements of such sections.
Documents and materials submitted to DEP as part of an earlier noncoal
mining permit application for the property may also be utilized for
satisfying the requirements of this section if the applicant demonstrates
that such information is correct and current documents.
D.
Maximum height limitations.
(1)
The height of any spoils pile or topsoil stockpile shall not exceed
35 feet measured from the existing grade.
(2)
Unless located in the mining pit itself, the height of any buildings, structures associated with the mining activity or related aggregate processing equipment shall not exceed 35 feet, except as provided for in Subsection D(3) below.
(3)
The Zoning Hearing Board, as a special exception, may permit modifications
to the thirty-five-foot height limitation for the purpose of establishing
accessory structures (such as concrete silos) for mining or aggregate
processing operations. The applicant shall demonstrate that the requested
height modification is the minimum necessary to accommodate the proposed
plan and that the proposed location of the structure and other facilities
will not have an adverse impact upon adjoining properties.
E.
Minimum lot area: 40 acres.
F.
Fencing. Open pit mining facilities shall be required to enclose the entire active area of mining, including any accessory uses and structures, with a minimum ten-foot high chain link fence and like latching gates. The location and materials of the chain link fence and like latching gates shall be as defined in § 240-30D, Screening new open pit mining and related aggregate processing operations, and in § 240-31C, Screening for expansion of existing quarries and mines.
(1)
All gates shall be latched and locked at times when the site is unattended.
(2)
Applicant shall post and maintain "No Trespassing" and/or "Danger"
signs at intervals of no less than one sign per each 100 linear feet
of fence/gate, except as may otherwise be required by the DEP. Such
signs shall be no larger than two square feet per sign and shall not
be posted higher than five feet above grade.
(3)
All fences/gates/signs shall be maintained in good condition and
shall not be allowed to become deteriorated or unsightly.
G.
Operations progress report. Within 90 days after commencement of
mining operations, and during the first 30 days of each calendar year
thereafter, the operator shall file an operations progress report
with the Zoning Officer setting forth the following:
(1)
The name and, if applicable, number of the operation.
(2)
The location of the operation with reference to the nearest public
road.
(3)
A description of the subject property or properties, including a
site plan showing the location of all improvements, stockpile, quarry
pits, etc.
(4)
The name and address of the landowner or his duly authorized representative.
(5)
An annual report of the type and quantity of mineral produced.
(6)
The current status of the reclamation work performed in pursuance
of the approved reclamation plan.
(7)
A maintenance report for the site that verifies that all required
fencing, screening, landscaping, signage, and truck wash rack has
been specifically inspected for needed repairs and/or maintenance
and that such needed repairs and/or maintenance has been performed.
(8)
Verification that the proposed use continues to comply with all applicable
state (and Township) regulations. The operation shall furnish copies
of any approved permits and/or any notices of violation issued by
DEP.
H.
Water restoration. Any open pit mining or related aggregate processing
operation that affects a public or private water supply due to contamination,
interruption, or diminution shall restore or replace the affected
water supply with an alternate source of water adequate in quantity
and quality for the purposes served by the affected supply.
A.
For the purposes of this section, a new open pit mining and/or related
aggregate processing operation shall be any facility which has not
been permitted by DEP before the effective date of this section or
any facility which was once permitted by DEP but which ceased operations
for a period in excess of two years or any facility, even if in current
operation, which proposes an expansion which will require any additional
points of access to a Township or state road. The change from one
type of related processing operation to a different type of related
processing operation (i.e., changing an existing facility from concrete
production to asphalt production) or the addition of a new product
(i.e., production of asphalt in addition to production of concrete
at a concrete production facility) shall also be considered a new
related processing operation.
B.
Setbacks for new open pit mining and related aggregate processing
operations. The following table identifies minimum setbacks imposed
on specific features of the mining and/or aggregate processing uses
from adjoining and/or nearby uses.[1]
[1]
Editor's Note: The Table of Setbacks for New Open Pit Mining and Related Aggregate Processing Operations is included at the end of this chapter.
C.
Access for new open pit mining operations. Vehicular access to any new open pit mining or related aggregate processing operation shall be provided in accordance with the design standards of Chapter 200, Subdivision and Land Development, of the Code of the Township of West Donegal. Notwithstanding those standards, all driveways serving the site shall have a paved minimum thirty-five-foot wide cartway for a distance of at least 100 feet from the intersecting street right-of-way line. A truck wash-rack and water supply shall be placed just beyond the preceding one-hundred-foot paved section to be used to remove any mud that may have attached to a vehicle's wheels prior to accessing Township and state roads. A sedimentation pond shall be used to collect the wash water and mud. Such rack and pond shall be maintained by the operator throughout the life of the open pit mining operation and for any reclamation work after the operation is completed.
D.
Screening for new open pit mining and related aggregate processing
operations.
(1)
Where the open pit mining property adjoins a public street, a seventy-foot
wide landscaped buffer shall be established prior to the start of
mining or processing activity consisting entirely of a berm, the side
slopes of which shall not exceed a two-to-one ratio. The street-facing
toe of such berm shall be set back 10 feet from the outside edge of
the public right-of-way.
(2)
Where the open pit mining property adjoins another parcel, a twenty-five-foot
wide landscaped buffer shall be established prior to the start of
mining or processing activity consisting entirely of a berm, the side
slopes of which shall not exceed a two-to-one ratio.
(3)
Perimeter fencing required under § 240-29F shall be located on the back slope (mine side) of the berm or behind it, to be shown on the applicant's landscape plan, or, such fencing may be located in front of the perm provided it shall be plastic coated, dark green or brown in color, placed at the toe of the slope of the berm, and subject to the landscaping provisions of Subsection D(4) below. The use of razor wire or barbed wire shall be prohibited, unless the fence and such wire are hidden from public view behind the berm.
(4)
Landscaping of the side slopes and tops of the berms shall consist
of a mix of deciduous and evergreen trees and shrubs, and tall (three
feet to five feet) meadow grass and wildflower species. Except as
provided below, a mixture of tree and shrub species shall be planted
at an average of one tree and one shrub every 30 linear feet of berm.
For all berms, meadow grasses shall be applied at a rate of 10 pounds
of seed per acre. Groupings of tree and shrub plantings are encouraged
in lieu of linear arrangements, as necessary to mitigate any adverse
impact, including visual impacts which proposed actions will have
on property, adjoining properties, and the Township in general.
(5)
Where perimeter fencing is located in front of the berm, landscaping
consisting of a mix of deciduous and evergreen trees and shrubs shall
be provided to effectively screen the full length of such fencing
from public view. The deciduous and evergreen trees shall be planted
at an average of one tree per 10 linear feet of fencing, and may be
staggered on either side of the fence.
(6)
The berm design may allow for a level top for maintenance or access
purposes.
(7)
Deciduous trees required for buffer plantings shall be a minimum
of 1 1/2 inches in diameter at breast height (dbh) at the time
of planting. Evergreen trees shall be a minimum of five feet to six
feet in height at the time of planting. Shrubs shall be a minimum
of 24 inches in height at the time of planting. Trees and shrub species
shall consist of a mixture of the following drought-tolerant species:
|
Scientific Name
|
Common Name
| |
|---|---|---|
|
Amelanchier arborea
|
Shadbush
| |
|
Aronia arbutifolia
|
Red chokecherry
| |
|
Clethra alnifolia
|
Summersweet clethra
| |
|
Sweet pepperbush
| ||
|
Comus amomum
|
Silky dogwood
| |
|
Comus sericea
|
Redosier dogwood
| |
|
Corlyus americana
|
American filbert
| |
|
American hazelnut
| ||
|
Ilex verticillata
|
Common winterberry
| |
|
Black alder
| ||
|
Ilex opaca
|
American holly
| |
|
Lindera benzoin
|
Common spicebush
| |
|
Pinus nigra
|
Australian pine
| |
|
Pinus strobus
|
Eastern white pine
| |
|
Prunus virginiana
|
Chokecherry
| |
|
Pseudotsuga menziesii
|
Douglas fir
| |
|
Quercus acutissima
|
Sawtooth oak
| |
|
Sambucus canadensis
|
Elderberry
| |
|
American elder
| ||
|
Vaccinium corymbosum
|
Highbush blueberry
| |
|
Viburnum acerifolium
|
Mapleleaf viburnum
| |
|
Viburnum dentatum
|
Arrow viburnum
| |
|
Arrowwood
| ||
|
Southern arrowwood
| ||
|
Viburnum prunifolium
|
Blackhaw viburnum
| |
|
Viburnum trilobum
|
Highbush cranberry
| |
|
American cranberrybush
| ||
|
Viburnum
|
(8)
The meadow grasses required for buffer plantings shall consist of
a mixture of the following species:
|
Scientific Name
|
Common Name
| |
|---|---|---|
|
Grasses
| ||
|
Andropogon virginica
|
Broomsedge
| |
|
Carex vulpinoidea
|
Fox sedge
| |
|
Panicum virgatum
|
Switchgrass
| |
|
Sorghastrum nutans
|
Indiangrass
| |
|
Upland Meadow Plants
| ||
|
(NOTE: The following wildflowers are recommended in moderate
to dry upland areas.)
| ||
|
Monarda fistulosa
|
Wild bergamot
| |
|
Monarda
|
Bee balm
| |
|
Rudbeckia hirta
|
Black eyed susan
| |
|
Rudbeckia triloba
|
Thin-leaved coneflower
| |
|
Aster novae-angliae
|
New England aster
| |
|
Solidago speciosa
|
Showy goldenrod
| |
|
Echinecea purpurea
|
Purple coneflower
| |
|
Asclepias syriaca
|
Common milkweed
| |
|
Asclepias tuberosa
|
Butterfly weed
| |
|
Solidago Canadensis
|
Canada goldenrod
| |
|
Solidago rigida
|
Stiff goldenrod
| |
|
Coreopsis tripteris
|
Tall tickseed coreposis
| |
(9)
Use of landscape plantings determined to be potentially hazardous
to the growing of crops and raising of livestock by the Natural Resource
and Conservation Service shall be prohibited when the adjacent area
to the mining operation is in agricultural use.
(10)
The quarry or mining operator shall be responsible for maintaining
the approved and planted landscaping for the life of the mining operation,
including replacing any dead or dying trees, and removing any invasive
vegetation.
A.
Setbacks for the expansion of existing open pit mining operations.
The following table identifies minimum setbacks imposed on specific
features of existing mining and/or aggregate processing uses from
adjoining and/or nearby uses.[1]
[1]
Editor's Note: The Table of Setbacks for the Expansion of Existing Open Pit Mining Operations is included as an attachment to this chapter.
B.
Access for expansion of existing open pit mines. Only access roads
existing as of the effective date of this section may be used.
C.
Screening for the expansion of existing mines.
(1)
Where the open pit mine property proposed for expansion of operations
adjoins a public roadway, a twenty-five-foot wide landscaped buffer
shall be established prior to the start of mining or processing activity
consisting entirely of a berm, the side slopes of which shall not
exceed a two-to-one ratio on the roadway side of the berm. The street-facing
toe of such berm shall be set back 10 feet from the outside edge of
the public right-of-way. No landscape buffer or screen shall be required
where mining operations currently exist adjacent to an existing private
or public road.
(2)
Where the quarry, borrow or strip mine application property adjoins
another parcel, a twenty-five-foot wide landscaped buffer shall be
established prior to the start of mining or processing activity consisting
entirely of a berm, the side slopes of which shall not exceed a two-to-one
ratio.
(3)
Perimeter fencing required under § 240-29F shall be located on the back slope (mine side) of the berm or behind it, to be shown on the applicant's landscape plan, or, such fencing may be located in front of the berm provided it shall be plastic coated, dark green or brown in color, placed at the toe of the slope of the berm. The use of razor wire or barbed wire shall be prohibited, unless the fence and such wire are hidden from public view behind the berm.
