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.