[HISTORY: Adopted by the Borough Council of the Borough of
Plymouth 3-18-1963 by Ord. No.
8-1963. Amendments noted where applicable.]
This chapter shall be known as the "Plymouth Borough Strip-Mining
Ordinance."
The following words and phrases used in this chapter shall have
the meanings ascribed to them as herein defined:
The hard coal mined in the northeasterly part of the Commonwealth
of Pennsylvania commonly known as the "Anthracite Region."
The area of land from which the overburden is removed and
that is occupied by the spoil piles.
The average number of cranes, power shovels, scrapers, bulldozers,
trucks and similar pieces of earth-moving devices used on an average
day of production within the previous six months.
Includes any chemical compound or mechanical mixture, commonly
used or intended for the purpose of producing an explosion, that contains
any oxidizing and combustible units or other ingredients in such proportions,
quantities or packing that an ignition by fire, by friction, by concussion,
by percussion or by detonation of any part of the compound or mixture
may cause a sudden generation of highly heated gases so that the resultant
gaseous pressures are capable of producing destructive effects on
contiguous objects or of destroying life or limb.
The surface of the land upon which open-pit or strip-mining
is conducted.
The person, firm, corporation or partnership in which the
legal title to the land affected by open-pit mining is vested.
The pit or pits located upon a single tract of land or a
continuous pit embracing or extending upon two or more contiguous
tracts of land, but in no event for the purposes of administering
this chapter shall such tract or tracts exceed 10 acres.
A person, partnership, association or corporation engaged
in strip-mining of anthracite coal as a principal or as lessor or
lessee of the real estate where such activity takes place or who or
which is or becomes the owner of the coal recovered as the result
of such strip-mining.
The method of transporting coal to and from a deep mine by
means of and through an access not vertical to such deep mine.
The recovery of anthracite coal by exposing the coal seam
by removing the overlying strata, and also the reclamation or recovery
of any coal.
Any trench, cut, hole or pit formed by the removal of the
surface or coal as a result of strip-mining.
That no coal has been produced or over-burden removed from
any stripping pit or pits on any operation or operations for a period
of more than 60 days.
A single parcel of land or two or more contiguous parcels
of land with common ownership, but in no event and for the purposes
of administering this chapter, shall such "tract" or "tracts" exceed
10 acres.
No person, firm or corporation shall carry on any strip-mining
operation, or what is commonly known as "open-pit mining," within
the corporate boundaries of the Borough of Plymouth without complying
with the prerequisites and regulations as hereinafter set forth and
without first obtaining a permit therefor from the Borough Council
of the Borough of Plymouth.
Any person, firm or corporation desiring a permit shall file
with the Secretary of the Borough of Plymouth the following prerequisites
and agree, by letter, that he or it will comply with the regulations
hereinafter mentioned. If said prerequisites are complied with, and
the letter agreeing to comply with all regulations as hereinafter
specified is submitted, then a permit shall be issued by the Council.
A.
The applicant shall submit a land map which will be drawn on a scale
of not less than 100 feet to the inch, showing a cross-section at
100-foot intervals of the area of land to be affected.
(1)
Each map shall show the following:
(a)
The boundary line or lines of the tract or tracts of land concerned;
the names of the owners of the surface and coal of each tract; the
name of the operator; the name of the operation; the name or names
of the coal seam or seams; the names of adjacent landowners; the names
of the pertinent counties, townships, municipalities and, if in a
township, the nearest municipality; the county, township and municipality
boundary lines; the location of all highways, roads, streams of water
and the drainage area above and below the area affected; the natural
or artificial bodies of water, pipelines and all buildings, railroads,
utility lines, cemeteries and public recreational areas on or adjacent
to the tract or tracts of land concerned.
(b)
The name of the engineer or surveyor who prepared the map, the
scale of the map, the North line, the most recent date of revision
of the map and the results of test borings which the operator has
conducted at the site of the proposed operations, and shall include
the nature and depth of the over-burden, the thickness of the coal
seam, the contour of the coal seam, a complete analysis of the coal
seam, the crop line of the coal seam and the location of the test
boring holes.
(2)
The maps shall be prepared from date obtained from land surveys;
provided, however, that the maps may be prepared from data obtained
from aerial surveys if the aerial survey work is conducted in a manner
approved by the Department of Mines and Mineral Industries. Each map
shall be certified by a registered professional engineer or a registered
surveyor.
B.
The applicant shall submit a bond in the sum of $3,000 per acre based
upon the number of acres which the operator estimates as included
in the area of land affected by the open-pit or strip-mining operation,
provided that no bond shall be filed for less than $30,000. Said bond
shall be filed with the Secretary of the Borough of Plymouth and conditioned
on saving the Borough of Plymouth and its officials from any and all
claims, suits or demands caused by the blasting and, further, to guarantee
the backfilling of the area of land affected in any operation or operations
to the original contour.
C.
After an operator has completed the removal of coal from an operation
or has suspended coal production, the operator shall immediately backfill
and re-level the operation to original contour: there shall be no
depression to accumulate water. The equipment shall not be removed
from the operation until the backfilling is completed. After backfilling
and re-leveling to original contour the area of land affected in any
operation or operations, the operator shall plant trees, shrubs and
grasses thereon in accordance with a plan prepared by the operator
and landowner and approved by the Plymouth Borough Council. All backfilling,
re-leveling and planting of the area of land affected in any operation
or operations shall be completed within six months after the work
in any operation or operations has been suspended or completed. Whenever
reasonable and practicable, the Plymouth Borough Council shall require
backfilling and planting of any and all operations as the open-pit
mining progresses. An operator may, with the written approval of the
landowner, propose alternative plans for reclamation wherein the land
can be used for suitable purposes not detrimental to the public safety,
health and general welfare, and if such plans are approved by the
Plymouth Borough Council and complied with within the time limits
herein prescribed for backfilling and planting, the backfilling and
planting requirements may be waived by the Plymouth Borough Council.
When the backfilling, leveling and planting have been completed and
are found by the Plymouth Borough Council to have been done in the
manner prescribed, the Plymouth Borough Council shall release the
bond.
D.
No removal of coal from an open-pit stripping, nor from a slope adjacent
to or within the area affected in any operation or operations, will
be allowed whatsoever if such open-pit stripping or slope is within
2,000 feet of any dwelling, church, business establishment, industrial
plant or land used for recreation.
E.
A certificate of insurance with limits of $100,000 for personal injuries
and $300,000 for property damage shall be filed with the Secretary
of the Borough of Plymouth for the benefit of all persons who might
be injured or suffer property damage as a result of said strip-mining
operations.
F.
All blasting, firing or setting off of any explosives whatsoever
shall be done in the daytime between the hours of 7:30 a.m. and 3:30
p.m., Sundays and holidays excluded.
G.
In the event that the present supervision of blasting operations,
which is being conducted pursuant to an injunction filed to No. 4,
May term, 1962, in the Luzerne County Court of Common Pleas, is dissolved,
then in that event, where it becomes necessary to blast anthracite
coal only, then permission must be obtained in advance and arrangements
made by the Building Inspector or Fire Chief of the Borough of Plymouth
to supervise said blasting of anthracite coal. Blasting of coal by
use of small explosives can be done only by first advising the Building
Inspector or Fire Chief to arrange to be present and set a safe time
for the conduction of the same. The following regulations and methods
will govern the blasting of anthracite coal. The high explosive factor
should not exceed 1/3 of a pound of explosives per ton of anthracite
coal. Said explosive should be properly primed and stemmed or tamped
with clay or sand in order to properly harness and control said blast.
The total blast shall not exceed any total used in the primary shooting.
In addition to said Building Inspector or Fire Chief, said blasts
shall be set up by a representative of a major powder company.
H.
The applicant shall supply the Borough of Plymouth with a letter
from a representative of a major powder company which states that
the firing or setting off of any and all explosives would be done
under the supervision of a qualified representative.
I.
In the event that the present supervision of blasting operations,
which is being conducted pursuant to an injunction filed to No. 4,
May term, 1962, in the Luzerne County Court of Common Pleas, is dissolved,
then in that event the Fire Chief of the Department of Fire of the
Borough of Plymouth or the Building Inspector of the Borough of Plymouth
will supervise the blasting, firing or setting off of any and all
explosives.
J.
The applicant shall furnish a full-time special guard on a twenty-four-hour
basis for the additional safety and protection of persons and property
in the immediate vicinity of said strip-mining operations.
K.
The area of land affected in any operation or operations shall not
be nearer than 1,000 feet to any school, church, dwelling, industrial
plant, building, highway or recreation area.
L.
All trucks going to and from said strip-mining operations shall comply
with the Motor Vehicle Code of the Commonwealth of Pennsylvania dealing
with weights and loads. All trucks going to and from said strip-mining
operations shall comply with all Borough ordinances and provisions
of the Motor Vehicle Code of the Commonwealth of Pennsylvania in regard
to speeds.
The applicant shall set up a wire mesh fence at least four feet
high, set up on a base at least one-foot high, to cover the area of
said strip-mining operation for the additional safety and protection
of persons and property in the immediate vicinity of said strip-mining
operations.
Said strip-mining operation shall be conducted only during the
hours of 6:00 a.m. to 9:00 p.m. on either standard or daylight saving
time, as the case may be.
If, after permission has been granted as herein provided, it
appears that those accounting under the issuee have violated or are
violating any of the provisions of this chapter, then the Borough
Council may then and there notify said issuee and revoke said permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person or persons, firm or corporation violating any of
the provisions of this chapter shall, upon summary conviction thereof
in a summary proceeding before the Mayor or any Alderman of the Borough
of Plymouth, be sentenced to pay a fine not exceeding $600 and costs
and, in default of the payment of such fine and costs, shall be imprisoned
in the county jail for a period not exceeding 30 days. Each and every
day upon which any person(s), firm or corporation violates or continues
to violate the provisions of this chapter, shall constitute a separate
offense.
The Council finds this chapter is necessary for the immediate
preservation of the public health, safety and general welfare and
determines that it shall take effect immediately upon its final passage
and publication.
