Including extractive operations for sand, clay, shale, gravel, topsoil, stone and similar operations, including borrow pits (excavations for removing material for filling operations), when authorized by the Zoning Hearing Board as a special exception, provided that the following requirements shall be met:
The operator shall, within six months of the effective date of
§ 500-1902A(29), obtain a use and occupancy permit as required by
§ 500-3007: Certificates of use and occupancy of this chapter.
Off-street parking spaces shall be provided as the Township Board of Supervisors and Planning Commission shall determine as adequate to serve customers, employees, visitors and vehicles normally parked on the premises.
Excavations shall be graded and backfilled to the grades indicated by the site plan. Grading and backfilling shall be accomplished continually and as soon as practical after excavation. Grading and backfilling may be accomplished by the use of waste products of the operation or other clean fill materials, providing such materials are composed of nonnoxious, noncombustible solids.
[1] When excavations that provide for a body of water are part of the final use of the tract, the bank of excavation shall be sloped to a minimum ratio of seven feet horizontal to one foot vertical, beginning at least 50 feet from the edge of the water and maintained into the water to a depth of five feet.
[2] Drainage, either natural or artificial, shall be provided so that disturbed areas do not collect water or allow stagnant water to remain.
Rehabilitation and conservation requirements.
The owner, operator, lessee of any extractive operation shall, at the time of application for a zoning permit, submit to the Township its reclamation plan as submitted to the Pennsylvania Department of Environmental Protection. No permit shall be issued where said reclamation plan provides for quarrying in areas of the site not permitted by this subsection.
Along with said plan, the applicant shall include a timetable for the reclamation proposed for the site in general with an actual timetable for reclamation of slopes as may be found reasonable by the Zoning Hearing Board within the setback areas.
Owner, lessee or operator of any extraction operation within the municipality shall, within six months from the date of this subsection or receipt of a zoning permit authorizing said extraction operation, whichever is the later, submit a plan which shall include descriptions and plans for suitable after-conditions or after-uses for all the land affected.
Plans for rehabilitation uses may include the following after-uses, among others:
[a] Open areas suitably graded and covered with suitable shrubs, grasses or trees.
[b] Recreation land, ponds and lakes.
[c] Agriculture of any type.
[d] Sites for residential use.
Rehabilitation shall commence within one year following completion or the discontinuance for a period of one year of any extractive operation (or the completion of the excavation of a portion of an entire operation which can feasibly be restored separately from other portions of the operation and which is not necessary to the operation). Such rehabilitation shall be completed within five years from the date rehabilitation commenced, except where a longer period of time is specifically authorized as part of the rehabilitation program.
Rehabilitation shall include removal of all debris, temporary structures and stockpiles.
Upon receipt of the rehabilitative plans, the Township shall review the plans to ensure compliance with all provisions of this performance standard. Upon approval thereof, the Township shall issue a certificate indicating approval of the plans as submitted or amended, and the approved plans should be permanently filed in the official records of the Township.
Plans may be amended from time to time by approval of the Township upon application of the owners.
A performance bond may be required by the Township in an amount determined by the Township to be sufficient to ensure the rehabilitation of the affected site in accordance and compliance with the standards for the issuance of any original permit or annual renewal permit in accordance with the provisions of the plan of rehabilitation as submitted pursuant to this subsection, if the bond posted with the Commonwealth of Pennsylvania Department of Environmental Protection or other agency is not kept in force or if the Township is not named therein. The Township may require that the bond posted with any state agency may not be withdrawn or reclaimed without Township approval. With the approval of the Township, and for such period or periods as may be specified, an owner may be permitted to post his own bond without corporate surety.
