[HISTORY: Adopted by the Board of Supervisors of the Township
of Carroll as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-27-1974 by Ord. No. 51 (Ch. 9, Part 1, of the
1987 Code)]
This article shall be deemed to be an exercise of the police
power of the Township of Carroll, for the general welfare of the people
of the Township, by providing for the conservation and improvement
of areas of land affected in the surface mining of bituminous coal
and metallic and nonmetallic minerals, to aid thereby in the protection
of wildlife, to enhance the value of such land for taxation, to decrease
soil erosion, to aid in the prevention of the pollution of rivers
and streams, and generally to improve the use and enjoyment of said
lands.
This article shall be known and may be cited as the "Surface
Mining Conservation and Reclamation Ordinance of Carroll Township."
As used in this article, the following terms shall have the
meanings indicated herein:
An operation where no mineral has been produced or overburden
removed for a period of one year, verified by monthly reports submitted
to the Department by the operator and by inspections made by mine
conservation inspectors, as hereinafter constituted, unless an operator
within 30 days after receipt of notification by the Secretary terming
an operation abandoned submits sufficient evidence to the Secretary
that the operation is in fact not abandoned.[1]
The State Soil and Water Conservation Commission.
Reclamation achieved by beginning at or beyond the top of
the high wall sloped to the toe of the spoil bank at a maximum angle
not to exceed the approximate original contour of the land, with no
depressions to accumulate water.
From the horizontal, and in each case shall be subject to
a tolerance of 5°.
The Department of Environmental Protection.
The surface of the land upon which surface mining is conducted.
The land from which the mineral is or minerals are removed
and that occupied by the spoil piles.
The person, firm, corporation or partnership or the persons,
firms, corporations or partnerships in whom the legal title to the
land is vested.
The pit located upon a single tract of land or a continuous
pit embracing or extending upon two or more contiguous tracts of land.
A person, firm, corporation or partnership engaged in surface
mining as a principal, as distinguished from an agent or independent
contractor, and who is or becomes the owner of the minerals as a result
of such mining.
The strata or material overlying a mineral deposit or in
between mineral deposits in its natural state and shall mean such
material before or after its removal by surface mining.
The place where any coal or metallic and nonmetallic minerals
are being mined by the surface mining method.
The Secretary of the Department of Environmental Protection
of the Commonwealth of Pennsylvania.
The overburden and reject minerals as piled or deposited
in surface mining.
The mining or recovery of bituminous and anthracite coal
and metallic and nonmetallic minerals or any combination of the above
by removing the strata or material which overlies or is above or in
between the materials listed above in its natural condition or the
mining or recovery of the entire mineral body requiring the breaching
of the surface for business or commercial purposes.
Grading where the steepest contour of the high wall shall
not be greater than 45° from the horizontal, with the table portion
of the restored area a flat terrace, unless otherwise approved by
the State Soil and Water Conservation Commission.
A single parcel of land or two or more contiguous parcels
of land with common ownership.
A.
After June 27, 1974, it shall be unlawful for any person to proceed
to mine minerals by the surface mining method as an operator within
this Township without first obtaining a license as a surface mining
operator from the Township. Applications for licensure as surface
mining operators shall be made in writing to the Township upon forms
prepared and furnished by the Township and shall contain such information
as to the applicant or, when the application is made by a corporation,
partnership or association, as to its officers, directors and principal
owners as the Township shall require. The application for licensure
shall be accompanied by a fee of $100. The application for renewal
of a license as a surface mining operator shall be made annually on
or before January 1 of the next succeeding year.
B.
The Township shall not issue any new surface mining operator's
license or renew any existing surface mining operator's license
to any person or operator if it finds, after investigation, that the
applicant for licensure or renewal has previously failed and continues
to fail to comply with any of the provisions of this article. Where
the applicant is a corporation, partnership or association, the Township
shall not issue such license or renewal if, after investigation, it
finds that any officer or director continues to fail to comply with
any of the provisions of this article or if any such officer or director
or principal owner is or has been an officer or director or principal
owner of any other corporation, partnership or association which has
previously failed and continues to fail to comply with any of the
provisions of this article.
A.
Before any person licensed as a surface mining operator shall hereafter
proceed to mine minerals by the surface mining method, he shall obtain
from all federal and state agencies such permits as may from time
to time be then required for all such agencies.
B.
Each application for a license shall be accompanied by a detailed
proposal showing the manner by which the operator plans to return
the land to some useful purpose after the operation in completed,
together with a time schedule for same. If in the mining operation
overburden is produced, this overburden must be returned so that the
surface is returned to its approximate original contour as defined
in this article, or if the original contour has a slope greater than
15°, the overburden may be returned so that terracing type of
contour will be obtained. In such cases, the detailed proposal of
restoration must show the time and distance for backfilling, the manner
in which the operator plans to divert surface water from draining
into the pit and the manner in which he plans to prevent water from
accumulating in the pit. If the above contour or terracing reclamation
information is obtained to the satisfaction of the Township, it may
approve the application or it may refer it to the Planning Commission.
The Township may approve terracing; provided, however, that the approved
contour of the high wall shall be no greater than 45° and there
shall be no depressions to hold water which may percolate through
the soil and produce acid drainage. The approval of such contouring
shall in no way be construed as reducing the responsibilities of the
operator to prevent stream pollution.
C.
The Township shall not issue any additional permits to any operator
who has failed or continues to fail to comply with the provisions
of this article under any license previously issued and shall suspend
all existing licenses until compliance.
D.
When the requirements of this article are met and no claims are outstanding
under this article against the operator or, in the case of any corporation,
against any officer or director, a permit shall issue forthwith.
E.
If the Township does not approve the application for a permit or
an amended permit, it shall promptly notify the operator by registered
mail setting forth its reasons therefor. The operator may then take
such steps as are required to remove the objections.
F.
Prior to commencing surface mining, the operator shall file with
the Township a bond for each operation on a form to be prescribed
and furnished by the Township, payable to the Township, and conditioned
that the operator shall faithfully perform all of the requirements
of this article. The amount of the bond required for each operation
shall be dependent upon the overburden and the contour, the depth
of the pit and the type of land reclamation approved and shall be
as determined by the Township, but such bond shall not be less than
$750 for each acre up to 30 feet cover, nor more than $1,500 per acre
for 30 feet or more cover, based upon the number of acres of land
in each operation (which will be affected by surface mining during
the following year), provided that no bond shall be filed for less
than $5,000. Liability under such bond shall be for the duration of
surface mining at each operation and for a period of two years thereafter,
unless released prior thereto as hereinafter provided. Such bond shall
be executed by the operator and a corporate surety licensed to do
business in the commonwealth; provided, however, that the operator
may elect to deposit cash or negotiable bonds of the United States
or the Commonwealth of Pennsylvania, the Pennsylvania Turnpike Commission,
the General State Authority, the State Public School Building Authority,
or any municipality within the commonwealth with the Township in lieu
of a corporate surety. The operator shall immediately place the deposit
of cash or securities with the Township Treasurer, whose duty it shall
be to receive and hold the same in the name of the Township in trust
for the purposes for which such deposit is made. The Township Treasurer
shall at all times be responsible for the custody and safekeeping
of such deposits. The operator making the deposit shall be entitled
from time to time to demand and receive from the Township Treasurer,
on the written order of the Township, the whole or any portion of
any securities so deposited upon depositing with him, in lieu thereof,
other negotiable securities of the classes herein specified having
a market value at least equal to the sum of the bond, and also to
demand, receive and recover the interest and income from said securities
as the same becomes due and payable; provided, however, that where
securities deposited as aforesaid mature or are called the Township
Treasurer, at the request of the operator, shall convert such securities
into such other negotiable securities of the kind herein specified
as may be designated by the operator.
G.
Prior to commencing any surface mining, the operator shall obtain,
upon an approved application, a permit authorizing transportation
of such minerals, metallic and nonmetallic, over Township roads. This
permit shall be issued only upon a clear showing that no damage whatsoever
of any nature or kind shall occur to the Township roads and/or bridges
as a result of transporting said materials. In the event the Township,
at its sole discretion, determines that damage could occur to said
roadways, then by resolution the Township shall secure a bond from
the operator to cover said roadways and to cover any bridges affected
thereby. The Township shall determine the amount of bond upon each
and every application, taking into consideration construction, design
and materials of the highways and bridges affected.
All blasting shall be conducted in compliance with rules and
regulations of any and all state and federal regulatory agencies.
Any authorized agent of the Township shall have the right to
enter upon and inspect all surface mining operations for the purpose
of determining compliance with the provisions of this article, including
compliance with rules and regulations of state and federal agencies
regulating blasting.
Within six months after the operation is completed or abandoned, the operator shall reclaim all land in accordance with the plan previously approved by the Township. An operator may, with the written approval of the landowner, propose alternative plans for reclamation wherein the land can be used for suitable purposes consistent with the exercise of the police power as set forth in § 138-1 of this article. Such plans are to be submitted to the Township, and if such plans are approved by the Township and complied with within the times herein prescribed for reclamation and planting, or such other time limits as may be agreed upon as being reasonable for carrying out such plans, the reclamation and planting requirements will be waived by the Township. Whenever reasonable and practicable, the Township shall require reclamation and planting as the surface mining progresses. All reclamation shall be completed before necessary reclamation equipment is moved from the operation. Within three months after the reclamation is completed, the operator shall file with the Township a completion form on a form prescribed and furnished by the Township.
Within one year after the operation has been reclaimed in compliance
with the plan earlier submitted, the operator shall plant trees, shrubs
or grasses upon the land affected by surface mining; provided, however,
that the operator shall be relieved from the obligation to plant trees,
shrubs or grasses required by this section if the Township shall find
as a fact that such planting is not reasonable, practicable or likely
to succeed.
If the operator fails or refuses to comply with the requirements
of this article in any respect for which liability has been charged
on the bond, the Township shall declare such portion of the bond forfeited
and shall certify the same to the Township Solicitor, who shall proceed
to enforce and collect the amount of liability forfeited thereon,
and where the operation has deposited cash or securities as collateral
in lieu of a corporate surety, the Township shall declare such portion
of said collateral forfeited and shall direct the Township Treasurer
to pay said funds to the Surface Mining Conservation and Reclamation
Fund or to proceed to sell said securities to the extent forfeited
and pay the proceeds thereof into the Surface Mining Conservation
and Reclamation Fund.
All funds received by the Township from forfeiture of bonds
and of cash deposits and securities shall be held by the Township
Treasurer in a special fund, separate and apart from all other monies
in the Township Treasury, to be known as the "Surface Mining Conservation
and Reclamation Fund," and which shall be used by the Township for
the purpose of the foresting or reclaiming of land affected by surface
mining of any coal or metallic and nonmetallic minerals or for any
other conservation purposes.
[Amended 9-1-1987 by Ord. No. 85; 9-10-1996 by Ord. No. 1996-6]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a civil fine in an amount of not less than $100 nor more than $600
in addition to costs and attorneys' fees. Every day that a violation
of this article continues shall constitute a separate offense. The
fine shall be payable to the Township Surface Mining Conservation
and Reclamation Fund.
In lieu of the forms that an operator is required to submit
to the Township, the Township may, at its discretion, accept similar-type
forms as may be required to be filed with the Department of Environmental
Protection of the Commonwealth of Pennsylvania or the Secretary of
that Department.
[Adopted 9-1-1987 by Ord. No. 85 (Ch. 9, Part 2, of the
1987 Code)]
This article shall be known and may be cited as the "Soil Erosion, Sedimentation and Grading Control Ordinance," implementing Title 25, Environmental Protection, Part I, Department of Environmental Protection, Subpart C, Protection of Natural Resources, Article II, Water Resources, Chapter 102, Erosion and Sediment Control.
The purposes of this article are to regulate the modification
of the natural terrain, the alteration of drainage, and to provide
for certain erosion and sediment control measures within the Township
to assure and safeguard health, safety, ecology and the general welfare
in the Township of Carroll.
From and after the effective date of this article, any subdivision and/or land development approved under Chapter 225, Subdivision and Land Development; Chapter 260, Zoning; or activity qualified under §§ 138-18 and 138-19 herein shall be in conformity with this article. In the event of a conflict between this article and the floodplain regulations, the floodplain regulations shall take precedent.
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
An azonal great group of soils, developed from transported
and relatively recently deposited material (alluvium), characterized
by a weak modification (or none) of the original material by soil-forming
processes.
Process of earthmoving by excavating part of an area and/or
using excavated material for embankments or fill areas.
The slope of a road, channel or natural ground;
The finished surface of a canal bed, roadbed, top of embankment
or bottom of excavation; any surface prepared for the support of construction
like paving or laying a conduit; or
To finish the surface of a canal bed, roadbed, top of embankment
or bottom of excavation.
That portion of the precipitation on a drainage area or watershed
that is discharged from the area in stream channels; types include
surface runoff, groundwater runoff, or seepage.
Solid material, both mineral and organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water, gravity or ice and has come to rest on the earth's
surface either above or below sea level.
Degree of deviation of a surface from the horizontal, usually
expressed in percent or degrees.
A condition of the soil referring to the frequency and duration
of periods when the soil is free of saturation.
A natural drainage route or channel for the flow of water.
Whenever the landscape is to be permanently disturbed as to
either contours, soil or slope characteristics, or vegetation or any
ground cover is to be permanently removed, a plan is required showing
how resulting erosion and sediment shall be controlled.
The following activities require a grading permit:
A.
Modifying, disturbing, blocking, diverting or otherwise adversely
affecting the natural overland or subsurface flow of stormwater;
B.
Construction, erection or installation of any drainage dam, ditch,
culvert, drainpipe, bridge or any other structure or obstruction affecting
the drainage of any premises;
C.
Paving, filling, stripping, excavating, grading or regrading of any
land; and
D.
Disturbing the landscape, vegetation or any ground cover by any proposal
involving an area in excess of 5,000 square feet.
The following activities require no grading permit:
A.
Improvements, such as erection of retaining walls, driveway paving,
minor regrading or activities on a property which do not adversely
affect the natural overland or subsurface flow of stormwater, drainage
of any premises, or adversely disturb the landscape, in a gross area
of up to 25 acres on any one property.
B.
Farming, gardening or lawn restoration, but not including sod farming.
A.
Any person, firm or corporation proposing to engage in an activity
requiring a grading permit hereunder shall apply by the submission
of a plan.
C.
A separate plan shall be required for each grading permit.
D.
Five copies of the proposed plan, including specifications and development
schedules, shall be submitted to the Secretary for a grading permit.
The Secretary shall forward one copy of the plan to the Planning Commission,
one copy to the Township Engineer and one copy to the Zoning Officer.
The plan for a grading permit shall include:
A.
A valid boundary line survey of the site on which the work is to
be performed;
B.
A description of the features, existing and proposed, surrounding
the site, which are of importance to the proposed development;
C.
A plan of the general topography (including drainage) and soil conditions
on the site (latter available through the County Conservation District);
D.
The location and a description of existing and future man-made features
of importance to the proposed development (i.e., cuts and/or fills,
buildings, roads and driveways); and
E.
Plans and specifications of soil erosion and sediment control measures
in accordance with standards and specifications of the Township and
the County Conservation District. A letter of acceptance from the
Conservation District of Washington County shall be required for the
specific project before a grading permit will be issued.
[Amended 3-5-1992 by Ord. No. 1992-1]
F.
A development schedule indicating the anticipated starting and completion
dates of the development sequence and the time of exposure of each
area prior to the completion of effective erosion and sediment control
measures.
In addition to the requirements of § 138-22, and where deemed necessary by the Township Engineer and the Planning Commission or the Board of Supervisors, the applicant shall submit with the plan a detailed drainage study prepared by a registered professional engineer qualified in hydrology in the commonwealth. This study shall include:
A.
A plan of the property showing the location of all present and proposed
ditches, streams, pipes and other drainage structures and proposed
cuts and/or fills. In addition to showing present elevations and dimensions
and location and extent of all proposed grading and/or drainage, the
plan shall clearly indicate all woodlands, buildings, parking areas
and driveways. Further, the plan shall indicate the present and proposed
sources, storage and disposition of water being channeled through
or across the premises, together with elevations, gradients and maximum
flow rates. The plan shall describe the work to be performed and disposition
of cut and/or fill, the materials to be used and the manner or method
of performance, including provisions for protecting and maintaining
existing drainage facilities, whether on public or private property.
The applicant shall also supply the supporting data for the plan as
developed by the engineer.
B.
Calculations to determine runoff, which shall be based on the Soil-Cover-Complex
Method, a description of which is available from the USDA Natural
Resources Conservation Service and outlined in the "Erosion and Sediment
Control Handbook, Washington County, Pennsylvania."
(1)
The design criteria for storm sewer piping on inlet systems within
a subdivision being developed shall be designed for a twenty-five-year
frequency storm; culverts across roadways shall be designed for a
fifty-year frequency storm; open watercourses or swales shall be designed
for a one-hundred-year frequency storm, as prescribed in accordance
with the following:
(a)
The coefficient of runoff used for all areas upstream of any
drainage structure shall be computed on the basis of existing land
use and the projected land use described and shown on the Township
Comprehensive Plan, and adjacent municipalities comprehensive plans
where applicable.
(2)
The following provisions apply to the carrying and disposal of stormwater
runoff:
(a)
All drainage facilities shall be designed to carry surface water
in such a manner as to prevent erosion or overflow.
(b)
The applicant shall agree to the granting and recording of easements
covering the installation and maintenance of drainage facilities.
(c)
The rate of runoff shall be no greater during and after a one-hundred-year
frequency storm when the development is completed than that which
existed before the development began, and appropriate measurements
or calculations shall be provided to verify such provisions.
C.
A soils investigation report, if load-bearing fill is proposed, which
shall consist of test borings, laboratory testings and engineering
analysis to correlate surface and subsurface conditions with the proposed
grading plan. The results of the investigation shall be presented
in a report by a registered professional soils engineer and shall
include: data regarding the nature, distribution and supporting ability
of existing soils and rocks on the site, conclusions and recommendations
to ensure stable soil conditions and groundwater control, as applicable.
The Township may require such supplemental reports and data as is
deemed necessary by the Township Engineer. Recommendations included
in such reports and approved by the Municipal Engineer shall be incorporated
in the plan or specifications. In addition:
(1)
Fills toeing out on natural slopes steeper than four horizontal to
one vertical shall not be made unless a report is received which is
deemed acceptable by the Township Engineer and approved by the Board
of Supervisors. The report shall be made by a registered professional
soils engineer certifying that he has investigated the property, made
soils tests and that, in his opinion, such steeper slopes will safely
support the proposed fill.
(2)
Natural and/or existing slopes exceeding five horizontal to one vertical
shall be benched or continuously stepped into competent materials
prior to placing all classes of fill.
Upon the approval of the plan by the Township Engineer, the
Zoning Officer shall issue the necessary grading permit.
A.
Notwithstanding any provision of this article or any condition of
the grading permit, the permittee is responsible for the prevention
of damage to other property or personal injury which may be effected
by the activity requiring a grading permit.
B.
No person, firm or corporation shall modify, fill, excavate, pave,
grade or regrade land in any manner so close to a property line as
to endanger or damage any adjoining street, alley or any other public
or private property without supporting and protecting such property
from settling, cracking, erosion, sediment, flooding or any other
physical damage or personal injury which might result.
C.
No person, firm or corporation shall deposit or place any debris
or any other material whatsoever or cause such to be thrown or placed
in any drainage ditch or drainage structure in such a manner as to
obstruct free flow.
D.
No person, firm or corporation shall fail to adequately maintain,
in good operating order, any drainage facility on his premises. All
drainage ditches, culverts, drainpipes and drainage structures shall
be kept open and free-flowing at all times.
E.
The owner of any property on which any work has been done pursuant
to a grading permit granted under this article shall continuously
maintain and repair all graded surfaces and anti-erosion devices,
retaining walls, drainage structures or means and other protective
devices, plantings and ground cover installed or completed. The Township
is responsible for maintenance and repair within the right-of-way
of municipal roads.
F.
All graded surfaces shall be permanently seeded, sodded and/or planted
or otherwise protected from erosion within 30 days, weather permitting,
and shall be tended and/or maintained until growth is well established.
The disturbed area and duration of exposure shall be kept to a minimum
using temporary erosion and sediment control measures immediately,
as outlined in the "Erosion and Sediment Control Handbook, Washington
County, Pennsylvania."
G.
All trees in an area of extreme grade change shall be protected with
suitable tree wells, unless the necessity for removal is established.
Precautions shall be taken to prevent the unnecessary removal of trees.
H.
When required, adequate provisions shall be made for dust-control
measures as are deemed acceptable by the Township Engineer.
I.
All plans and specifications dealing with erosion and sedimentation
control must meet the standards and specification of Chapter 102 of
the Clean Streams Law, Title 25 Pa. Code § 102.1 et seq.,
and the regulations as set forth in the Department of Environmental
Protection's publication "Erosion and Sedimentation Pollution
Control Program Manual."
[Amended 3-5-1992 by Ord. No. 1992-1]
J.
A quality control program is critical for fills; therefore, wherever
fill material is to be used, the person, firm or corporation shall
be responsible for testing to determine its dry density as per ASTM
D1556. The density of each layer shall be not less than 95% of maximum
density as determined by ASTM D1557.
A.
All inspections shall be the responsibility of the Township Engineer
or, in his absence, a qualified person acceptable to the Township
Engineer and the Township of Carroll.
B.
Inspections will be carried out on a random basis, except as stated
below. However, a set of as-built plans shall be on file at the site
and authenticated by a registered professional engineer. When it is
deemed acceptable to the Township Engineer, a designated qualified
person may authenticate the as-built plans and will assume full responsibility
for the quality of work.
C.
Any and all as-built plans shall be available on the site at all
times and be subject to inspection and inquiry.
D.
Engineering check notes shall accompany all as-built plans which
involve structural or mechanical measures and shall serve as supporting
evidence that structures meet design standards and specifications
specified herein.
E.
A final inspection shall be conducted by the Township Engineer to
certify compliance with this article. Satisfactory compliance with
this article shall be necessary before issuance of an occupancy or
use permit.
F.
The Conservation District of Washington County will conduct routine
inspections as authorized by the DEP and the Clean Streams Law of
Pennsylvania.[1] Further, at the request of the Conservation District of
Washington County or the DEP, after repeated violations and failure
to abide by the rules and regulations of the Clean Streams Law, the
Township may revoke the grading and building permits until all violations
have been remedied to the satisfaction of said District and the DEP.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
Permittees shall bear all costs of inspections required or permitted
hereunder and shall deposit with the Township such sum as the Board
of Supervisors shall determine to guarantee payment of the costs of
such inspections. The costs of inspections shall be in accordance
with the established schedule of fees and collection procedure for
matters pertaining to this article.
The fee for a grading permit shall be fixed by resolution of
the Board of Supervisors from time to time.
[Amended 9-10-1996 by Ord. No. 1996-6]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a civil fine in an amount of not less than $100 nor more than $600
in addition to costs and attorneys' fees. Each day that a violation
of this article continues shall constitute a separate offense.
In addition to the penalties as set forth in § 138-29, any movement of the landscape, vegetation, or any ground cover performed in violation of this article shall be restored to its previous condition, including replacement of excavated earth, removal of illegally placed fill, and restoration of grades and planting.
