Hilltown Township City Zoning Code

Conservation management design, single-family detached cluster, performance subdivision, mobile home park, or retirement village:

Calculate the impervious surface ratio:

Buffer width: minimum of 35 feet.

Planted area: minimum width of 25 feet, planted to meander within the buffer area.

An undulating berm shall be provided where, in the opinion of the Township, the planting of vegetation alone will not provide a visual barrier to shield the proposed development from surrounding roads or properties. In determining if a berm is necessary, the Township shall consider the slope of the land, existing vegetation, proposed setback from roads and neighboring properties, and whether or not road improvements will be made to perimeter roads. Where road improvements are made, including curb, road widening, or sidewalk, and existing vegetation (if any) is removed, berms may be required at the discretion of the Township. The undulating berms shall vary between three and six feet in height above proposed surrounding grade, and shall meander within the buffer yard without adversely affecting drainage. Slope shall not be greater than three to one (horizontal to vertical).

On corner lots, the buffer shall be required along the front yard between the street line and side of the dwelling. No buffer is required between the front of the dwelling and street line.

Plant materials shall comply with the requirements of the following chart.

Buffer width: 100 feet.

Planted area: minimum width of 50 feet within the buffer area, planted to meander within the buffer area.

Preserve existing trees and supplement with shade-tolerant evergreens, ornamental trees and shrubs selected from the plant list.

Planted area shall comply with chart requirements and shall completely screen the views of abutting yards from the street from ground level to six feet above ground level at plant maturity.

An undulating berm shall be provided where, in the opinion of the Township, the planting of vegetation alone will not provide a visual barrier to shield the proposed development from surrounding roads or properties. In determining if a berm is necessary, the Township shall consider the slope of the land, the existing vegetation, the proposed setback from roads and neighboring properties, and whether or not road improvements will be made to perimeter roads. Where road improvements are made, including curb, road widening, or sidewalk, and existing vegetation (if any) is removed, berms may be required at the discretion of the Township. The undulating berms shall be between three and six feet in height above proposed surrounding grade and shall meander within the buffer yard without adversely affecting drainage. Slope shall not be greater than three to one (horizontal to vertical).

Buffer width: 25 feet.

Planted area: minimum of 10 feet in width.

The shrubs shall be planted in informal groupings to achieve an adequate separation between farmland and developed land.

The remaining 15 feet abutting the agricultural land shall be planted in grasses or wildflowers to be mowed or ground-covering plants on a slope not to exceed a four-to-one horizontal-to-vertical ratio.

Buffer shall consist of a solid fence, with evergreen plantings (along the exterior face of the fence) to be planted around storage areas to provide security and a complete visual screen.

A buffer yard wide enough to accommodate a fence and plantings abutting the fence is required, but in no case shall the buffer yard be less than 15 feet wide.

A solid fence shall be installed around storage and maintenance facilities/activities on commercial and industrial uses. The fence height shall be adequate to provide a complete visual screen from adjoining properties but not to exceed eight feet in height. Fence details shall be submitted with the landscape plan. Along the exterior face of the fence, there shall be a row of ornamental shrubs and/or evergreens to obscure the appearance of the fencing after a five-year growing period.

Buffer width: 15 feet.

Shrubs with a planted minimum height of four feet shall be planted, with shade trees interspersed, in a continuous band with a spacing not exceeding five feet on center for shrubs and 30 feet on center for trees.

Buffers are to be installed adjacent to the exterior boundary of the parking lot and must be coordinated with parking lot landscaping required pursuant to § 140-37B of Chapter 140, Subdivision and Land Development.

The source of the sound violation cannot be controlled so as to be brought into conformance with this section by any reasonable method;

The property in question cannot be used without the source of noise violation, or that the source of noise violation is necessary to prevent a taking of the property without compensation; and

All reasonable steps have been taken to reduce the noise violation to the lowest level possible.

Replacement of lamps that are burned out or inoperative.

Replacement/repair of damaged or inoperative luminaire components, such as ballasts, igniters, lenses, reflectors, retractors, sockets, or photocell controls.

Where superseded by state or federal law.

Temporary emergency lighting used by police, fire, emergency medical services, public works, or other public safety services.

Hazard/warning lights required by local, state, or federal regulations.

Lighting of public streets.

All the recommendations made in the Lighting Handbook shall be considered mandatory requirements. For the purposes of this section, the words "should," "may," "can," etc. shall be read as "shall" or "must;" the words "recommend" or "recommendation" shall be read as "require" or "requirement;" the phrase "it is recommended" shall be read as "it is required;" the phrase "it is not recommended" shall be read as "it is prohibited."

Where the Lighting Handbook provides for alternatives, this section requires that the safest alternative, as determined by the Township, be used.

Lighting essential for the deterrence of break-ins. This type of lighting is limited to exterior door locations.

Lighting controlled by motion sensors/detectors. This type of lighting is to be used to deter vandalism and theft and shall be placed in locations where the sensors will not be tripped on a reoccurring basis and shall be installed and/or aimed so that they do not project their output at neighboring residences, adjacent uses, directly skyward, or onto a public roadway.

Lighting used in conjunction with surveillance cameras. This type of lighting is limited to illuminating automatic teller machines, deposit boxes, building entrances, and parking lot/driveway entrances. Fixtures used for this type of lighting shall be designed, fitted, and aimed so as not to project their output beyond the objects intended to be illuminated.

The candlepower distribution classification of the luminaire as a cutoff type shall be in accordance with the Lighting Handbook. The manufacturer of the luminaire shall provide certification of the cutoff classification based on photometric testing performed in accordance with the Lighting Handbook and the applicable testing procedures referenced therein. The requirement for the use of cutoff luminaire types shall include, but is not limited to, the following outdoor area and roadway lighting configurations:

Cutoff luminaires shall be mounted plumb and level in accordance with the intended application of their design. For the purposes of this requirement, the photometric nadir of the luminaire (zero-degree vertical angle of the candlepower distribution) shall be oriented plumb, and vertical angle of 90° above nadir (horizontal) shall be oriented level. Cutoff luminaires shall not be installed in a canted or tilted position which permits candlepower distribution above the horizontal.

Luminaires which do not meet the strict definition for cutoff luminaires, yet employ advanced or alternative technology which causes the photometric performance to approach that of cutoff luminaires, may be approved by the Township, on a case-by-case basis. Such luminaires include, but are not limited to, period-style luminaires with refractive globes and internal cutoff reflectors.

Exceptions:

Fuel island canopies associated with service stations and convenience stores.

Exterior canopies above storefronts in shopping centers and malls.

Exterior canopies above driveways and building entrances.

Pavilions and gazebos (not including those accessory to a residential dwelling).

For area lighting applications, the candlepower distribution from all lighting installations shall be cut off at and above the horizontal (level).

For all other applications, the candlepower distribution from all lighting installations shall be cut off at all angles beyond those required to restrict direct illumination to within the area or surface being illuminated.

Existing features and mining map.

Cross-section drawings.

Reclamation plan.

Groundwater data.

Quarry operator/owner shall supply to the Township copies of all submissions to the Pennsylvania Department of Environmental Protection ("DEP") and Bureau of Surface Mines ("BSM").

Peak particle velocity as measured with seismographs meeting DEP standards shall not exceed 0.6 of one inch per second and sound level shall not exceed 130 decibels.

Maximum height of any structure shall be 65 feet above the original grade exclusive of vents, storage piles, chimneys, cupolas, tanks and similar protrusions.

Blasting records shall be kept on file by quarry operator, and copies shall be forwarded promptly to Township upon request.

Monumenting. The operator shall install monuments along the proposed limits of mining in such a manner as to be clearly visible upon inspection. Said monuments shall be permanently installed and surveyed. Legal description and plot plan to be submitted to the Township.

Prior to commencement of any blasting in connection with any activities associated with use in this Resource Extraction Areas Quarry Zone, the operator shall conduct a "pre-blast inspection" as defined by DEP regulations or rules (except for those regulations pertaining to the areas to be inspected) of all homes within a radius of 1,000 feet of the location of any blasting activities anticipated to occur within the next following year.

Pre-blast inspections shall be conducted at the sole cost of operator within 30 days of receipt of the homeowner's written request for pre-blast inspection. Additionally, from time to time, upon the issuance of a building permit or occupancy permit by the Township to or for any property located within the applicable radius of a blast site, a pre-blast inspection shall be conducted. The Township shall provide operator, in a timely manner, with copies of all building permits and/or occupancy permits issued for any structure falling within the applicable radius of the blast site.

As the blast site moves from one area to another, the operator shall give written notice, by certified mail to all residences within the applicable radius of the new blast site not previously notified and shall, upon written request, conduct a pre-blast inspection of such additional residences in accordance with the requirements of this subsection. The additional pre-blast inspections required under this subsection shall be conducted within 30 days of receipt of the homeowner's written request for a pre-blast inspection.

Notwithstanding any provision contained in this agreement or any other agreement to the contrary, the operator shall be under no obligation to conduct pre-blast inspection for those homes where the homeowner has refused to grant the operator permission, in writing, to conduct the pre-blast inspection. No homeowner shall be required to grant the operator permission to conduct pre-blast inspections and, in the event that a homeowner refuses to grant the operator permission to conduct a pre-blast inspection, the operator shall notify the Township, in writing, of the homeowner's refusal.

The pre-blast inspection shall determine the condition of the dwelling or structure and document any pre-blasting damage and any other physical factors that could reasonably be affected by the blasting. Assessments of structures, pipes, cables, transmission lines, sewage systems, wells and other water systems shall be limited to surface conditions and readily available data.

The homeowner may arrange to have a pre-blast inspector of his choosing present during any pre-blast inspection performed pursuant to this subsection.

A written report of the pre-blast survey shall be prepared and signed by the person who conducted the pre-blast inspection. The report may include recommendations of any special conditions or proposed adjustments to the blasting procedure which should be incorporated into the blasting plan to prevent damage. Copies of the pre-blast inspection report shall be promptly provided to the operator, to the homeowner, and to the Township together with the homeowner's pre-blast inspector's report, if any.

All blasting shall be done in strict conformity with the requirements of DEP as they may from time to time be altered and shall only occur between 9:00 a.m. and 4:00 p.m. (but not between 11:30 a.m. and 12:30 p.m.), prevailing local time, Monday through Friday, except in the event of an emergency or an extraordinary circumstance such as an intervening electrical storm resulting in a delay to any blasts originally scheduled between the aforesaid hours. In the event of an emergency or an extraordinary circumstance, the Township and the Our Lady of the Sacred Heart School and Church (collectively "Church") shall be promptly notified prior to blasting at the H & K Materials Quarry.

All homeowners residing within 1,500 feet of a blast site who have prior thereto requested such notice in writing shall be notified by telephone of the scheduled blast within two hours prior to such blast, but no later than 30 minutes prior to the blast.

Despite the allowance by DEP blasting regulations of peak velocity of 2.0 inches per second, in no instance shall the operator permit a blasting peak particle velocity to exceed 0.6 inches per second.

The requirement that the operator provide the Township and/or the Church with notice of its intent to blast and/or use explosives shall not in any way limit the operator's use of blasting and/or explosives in its operations at the property.

All activities at the quarry site shall be conducted in strict compliance with the standards for noise level established by DEP and shall not (except during blasting, drilling, overburden removal and/or berm construction and as otherwise provided in this chapter) exceed 60 decibels (A scale) at the property lines averaged over a five-minute period. If the noise level is expected to consistently exceed 60 decibels for any sustained period of time during drilling, blasting, overburden removal, berm construction, and/or as otherwise provided in this agreement, the operator shall provide the Township and the contiguous homeowners with advance written notice. Such notice shall set forth the nature of the impending disturbance and the approximate time frame of the disturbance.

During overburden removal, berm construction, drilling and blasting, the noise level at the property lines shall be in conformance with the standards for noise level established by DEP.

Operator shall post signs requesting that vehicles avoid backing up, where possible to safely do so. A sign shall also be posted stating that, once a vehicle pulls out of the quarry, it may not back up into the quarry.

All loaders, yard trucks and yard vehicles used in any operations permitted by this chapter shall be equipped with strobe lights for night backup warnings which shall be used in lieu of backup beepers after sundown and until sunrise so long as such use of strobe lights in lieu of backup beepers is permitted by local, state and federal laws, statutes, and regulations. Specifically excluded from the requirements of this subsection are any over-the-road vehicles. The operator shall instruct their truck drivers and independent truckers, whether those truckers are hauling for the operator or other employers, that between sundown and sunrise, backing up is to be minimized to the maximum extent possible and employed only in exceptional circumstances.

As part of its reasonable efforts to minimize dust created by its operations, and to the extent reasonably needed, practical, and economical, as determined by the operator, in its sole discretion, the operator shall employ the use of a water truck to reduce dust created from internal haul roads and the use of a water spray system on equipment.

As part of its reasonable efforts to minimize dust and dirt on the roads immediately adjacent to its tracts, and to the extent reasonably needed, practical, and economical, as determined by the operator, in its sole discretion, the operator shall have a street-sweeping/vacuum truck sweep the streets and roads immediately adjacent to the tracts.

Within 12 months from the adoption of this amending ordinance, with no appeals outstanding, the operator shall install on its crushers a new dust control system known as a "NESCO system" or other similar system that utilizes a high pressure fog spray to suppress dust.

No quarrying operation or activity which involves the use of blasting, crushing, material handling, equipment, and vehicles other than those customarily employed in office-type functions shall be carried on before the hours of 6:30 a.m. or after the hour of 6:30 p.m., prevailing local time, Monday through Friday, and no later than 12:00 noon, prevailing local time on Saturday, except that the operator may load out trucks and operate its asphalt and concrete plants on Saturdays from 6:30 a.m. until 6:30 p.m., prevailing local time. There shall be no quarrying operations of any type on Sundays. The preceding hours of operation shall also apply to the loading of trucks and charging of concrete and asphalt plants except that the operator may perform maintenance activities and may receive deliveries of cement and liquid asphalt after 6:30 p.m. and before 6:30 a.m. No other limitations on the operator's operations and activities on any of its lands in this zone or otherwise shall exist or be imposed.

The operator may request temporary expanded hours of operation because of unusual bid/contract requirements, such request to be made to the Board of Supervisors of Hilltown Township, which Supervisors shall not unreasonably withhold such permission. Such permission shall be unreasonably withheld if the refusal of permission is without a sound basis, based upon legally competent evidence, that such operation will result in significant harm to the health, safety and welfare of the citizens of the Township. The Supervisors shall promptly upon the receipt of any request for temporary expanded hours of operation (but in no event later than 14 days after such receipt) consider and respond to such request, in writing. If the Supervisors should fail to act within the fourteen-day period, their approval of the request shall be deemed to have been approved and given.

No primary crusher shall operate on any Sunday, on New Year's Day, on Memorial Day, on the Fourth of July, on Labor Day, on Thanksgiving Day, or on Christmas Day.

The operator shall at its own cost and expense engage registered hydro-geologists to conduct studies and create models of the potential impact of the operator's non-coal surface mining activities on the existing water supply in the area of the quarry. These studies shall establish the existing water supply wells boundary area (the "No Fault Areas") generally referred to by DEP as "Zones of Influence" as depicted on a plot plan submitted to the Township, within which the operator shall be responsible for restoring or replacing existing water supplies. The models shall be periodically adjusted to reflect information obtained during actual mining from, inter alia, various monitoring wells, with such periodic adjustment to occur as required by DEP.

In the event that the operator's non-coal surface mining activities materially affects the quality and/or quantity of any existing public or private water supply well within the No Fault Areas established pursuant to § 160-44B(9)(a) by contamination, interruption, or otherwise, the operator shall restore or replace the affected water supply with an alternative source of water, adequate in quality and quantity for the purposes served by the supply. The term "water supply" shall mean any existing source of water or facility or system for supply of water for human consumption. As to any residential well located within the No Fault Areas shown on the plot plan submitted to the Township, the operator will, upon notice by an owner thereof who experiences loss of an adequate supply of water resulting from a decrease in the water level of his or her well after mining on the site begins, restore an adequate residential water supply at the operator's sole cost, including the cost of lowering the pump into a well, drilling a new well, extending the depth of an existing well, or such other method as shall be chosen by the operator, including any additional cost associated therewith, including, but not limited to, the cost of installing a new supply line and/or pump, subject, however, to the following conditions:

This provision shall apply only to loss of water resulting from the lowering of the water level in the well and not to loss of quality of water unless the property owner establishes that the loss of water quality has been caused by the operations of the quarry. There shall be no obligation on the part of the operator to supply a greater quantity of water than the well produced prior to the interruption of water supply, and the restored water supply shall be satisfactory if it meets the standard for an "adequate water supply" as set forth in this chapter, § 160-44B(9)(b)[1], above.

The Township shall refer any complaint as to loss of water supply within the No Fault Areas to the operator. The operator shall provide a temporary solution to the loss of water supply within 24 hours of receipt of the complaint (including the supplying of bottled water within four hours of the complaint or, where notice occurred after 5:00 p.m., by 10:00 a.m. the following day), and within 15 days of receipt of the complaint, will advise the Township of the permanent action to be taken to restore the loss of water supply. The temporary solution to the loss of water supply for an existing residential well may include the provision for temporary housing of the impacted party at a motel or inn of the operator's choosing within a twenty-mile radius of the site and reimbursement for living expenses incurred for meals and laundry during the term when an adequate supply of water (either temporary or permanent) is unavailable at the affected residence. The operator, at its sole cost, reserves the right to connect a temporary supply of water to the affected residence during the period of water loss through the installation of an interim water supply system rather than providing temporary housing, should conditions permit. A typical interim system would employ the use of a 500 gallon poly tank for water storage. The tank, in turn, would provide gravity feed to a booster pump which would furnish the necessary pressure to charge the existing residential plumbing. Connection to the residence would typically be made through any existing outside faucet. Electric service for the booster pump shall be secured from the existing house's service. Water delivery shall be coordinated with a licensed bulk water supplier. The cost of electric to operate the booster pump shall be borne by the operator.

Should the investigation of a water problem, the provision of a temporary water supply or the restoration of an adequate water supply require any drilling or excavation, the operator will restore the surface of the affected property by filling, landscaping and/or reseeding as soon as seasonally possible.

The operator and the Township intend that all wells located within the No Fault Areas shall benefit from the performance of this section and shall be considered third party beneficiaries of this chapter and any collateral agreements entered by the operator and the Township. Wells located outside of the No Fault Areas, even though a portion of the property owned by the well owner extends into the No Fault Area, shall not be covered by this subsection.

The operator shall have no obligation to restore, replace, or repair any water problems due to or resulting from the failure of any individual's own equipment, including, but not limited to, pumps, electrical and/or piping problems.

To the extent that the operator, as part of its non-coal surface mining operations, generates, as part of its de-watering and pumping operations and activities, water in excess of that needed for the operator's operations and business activities, the Township shall have the right to 60% of such water generated or produced at the tract in this zone.

The Township shall be responsible for any and all costs and expenses necessary for the Township to obtain the water from a discharge point to be reasonably determined by the operator and to transport it from that point onward. The Township shall be solely responsible for acquiring any and all permits necessary to permit the transfer of water to the Township, whether federal, state, County, regional, local or elsewise, all at the Township's sole cost and expense.

After non-coal surface mining activities have permanently ceased, including completion of reclamation and closing of the quarries, the Township shall have the right, to the extent that water is available on the tract in this zone, in the form of a pooling of the water in the former quarry hole, to draw a quantity of water approximately equal to that provided for in § 160-44B(10)(a) above, provided that such withdrawal shall not exceed 60% of that which would be discharged naturally from the impoundment so created.

For any and all water obtained by the Township from the operator under this chapter, the operator shall be required to make no representations or warranties as to the quality and/or quantity of the water. Further, the Township shall indemnify and hold the operator harmless from any and all claims, demands, liabilities, suits, actions, damages, losses and out-of-pocket expenses, including, but not limited to, counsel fees, witness fees, expert fees and engineering fees related to or arising in any way from any water supplied and the supplying of the water, including, but not limited to, any Township activities associated therewith.

Nothing contained in this chapter, including, but not limited to, § 160-44B(10), shall require the operator to generate or produce, or continue to generate or produce water for the Township.

In order for quarrying activities to commence, non-stone materials which overlay and in some cases interlay the active stone deposits must first be removed. These non-stone materials are known as "overburden." The removal of overburden shall not constitute quarrying activities for purposes of this chapter.

Upon movement of overburden, said overburden shall be immediately either removed entirely from the property, placed in berms as regulated herein, or placed for storage. All such storage areas shall be immediately seeded in such a manner as to prevent erosion and in total compliance with the requirements of DEP as they may from time to time exist.

Operator shall create a berm, where one is required under § 160-44B(12), Operating performance standards, berm, of at least 15 feet in height with a minimum bottom width of 90 feet and with a minimum top surface of 15 feet within the buffer zone.

The outer slope of the berms shall be constructed with a 3:1 slope; the inner slope of the berms with a 2:1 slope.

The operator shall place a chain link fence six feet in height along the boundary line of the quarry. A drawing of existing and to-be-placed fences shall be submitted to the Township. No barbwire or razor wire shall be placed at the top of the chain link fence.

Any fence required under this chapter shall be installed and erected at the sole cost of the operator.

There shall be planted on the outer slope of the berm two rows of evergreens spaced at fifteen-foot intervals and staggered. Should any of these evergreen plantings die, they shall be promptly replaced during the next growing season. Between the outer toe of the berm and the evergreens, grassy plantings shall be created, mowed and maintained as necessary.

Berms, fencing, roadways, and the construction thereof shall not be considered to be quarrying activities and may be located within any setback/buffer zone established by this chapter.

No quarrying activities shall occur on any tract in this zone until the berms are constructed.

Buffer zones and setbacks for non-coal surface mining shall be as shown on a drawing submitted to the Township.

Within any buffer zone and/or setback, the operator shall be permitted to place utilities (including, but not limited to, electric, water, sewer, and any other use now or hereafter recognized as a utility use), wetland areas, detention basins, berms, stabilizing and screening vegetation, fencing and water discharge.

With the exception of the removal of overburden, the construction of berms, the placement of entrances and exits and uses contemplated within § 160-44B(14), no non-coal surface mining, nor any uses directly associated with non-coal surface mining, including the sale of stone products or the manufacture of concrete or asphalt, shall occur within the setbacks or buffer areas established in this chapter.

Revegetation shall provide for a diverse, effective and permanent vegetative cover of the same seasonal variety native to the area of land to be affected and capable of self-regeneration and plant succession at least equal in extent of cover to the natural vegetation of the area, except that introduced species may be used in the revegetation process where desirable.

Vegetative cover shall be considered of the same seasonal variety when it consists of a mixture of species of equal or superior utility for the approved post-mining land use, when compared with the utility of naturally occurring vegetation during each season of the year. Revegetation shall provide a quick germination, fast-growing vegetative cover capable of stabilizing the soil surface from erosion and shall include, but need not be limited to, crown vetch.

All revegetation shall be carried out in a manner that encourages a prompt vegetative cover and recovery of productivity levels compatible with the approved post-mining land use.

Disturbed areas shall be seeded and planted during the first normal period for favorable planting after reclamation has commenced. When necessary to effectively control erosion, the disturbed area shall be seeded and planted as contemporaneously as practicable with a temporary cover of small grain, grasses or legumes or otherwise protected from erosion until a permanent cover is established.

The use of introduced species shall be allowed, provided that the species meet the requirements of applicable state and federal seed or introduced species statutes and are not poisonous or noxious. A single tree or shrub species shall not comprise more than 50% of the total number of seedlings planted.

In addition to other terms and conditions of this chapter, all activities contemplated by this chapter shall be subject to those regulations established from time to time by the Environmental Protection Agency ("EPA"), DEP and BSM which are applicable to quarry tracts. Should the provisions of this chapter contain requirements more stringent than those required by either the EPA, DEP or BSM, the provisions of this chapter shall control. The Township recognizes that regulation of non-coal surface mining activities is currently preempted by the Commonwealth of Pennsylvania. To the extent that the activities of the operator are not regulated by EPA, DEP, BSM, the Township regulations shall control.

The operator shall promptly supply the Township with copies of all applications and related documents supplied to, and licenses and permits received from, DEP and/or BSM relating to the quarry tract.

Reclamation shall to the extent reasonably feasible be performed as the surface mining progresses.

When the surface mining operation has concluded, the area shall be reclaimed by terrace or to a finished slope of 35°, as DEP may direct. Terracing shall occur through the utilization of an overall two-to-one reclamation slope, with the intervening slopes between terraces being no greater than 45° or the natural angle of slippage, whichever is greater, and with the height of the intervening slopes between terraces being no greater than 25 feet and with the surface width of each terrace being no less than 25 feet. Upon said terraces shall be placed a twelve-inch layer of available soil and planted, concurrent with the reclamation, coniferous or other vegetation so as to create a continuous planting upon each terrace.

Where a water impoundment is part of the reclamation, the slope shall extend to 25 feet below the post-reclamation water level at a minimum slope of 3:1 to serve as a safety bench for safe exit from the impoundment. Benches developed below the lower level of the reclamation safety bench need not be restored; removal of any benches below the safety bench shall be accomplished only with approval of DEP.

Reclamation of a working face shall begin within 180 days after such face has reached its maximum horizontal extent.

Hauling roads. Haul roads, and access roads shall be designed, constructed and maintained to prevent to the maximum extent possible erosion and to prevent contributions of sediment to streams or runoff outside the affected area, air and water pollution and off-site damages. Upon completion of the associated quarrying activities, the area disturbed by the road shall be restored unless retention of the road and its maintenance constitutes a part of the post-quarrying land use. Roads shall be constructed on stable areas that avoid wet or unsuitable soils. Prior to the construction of a road, all topsoil shall be removed, stored on a stable site and protected against erosion until restoration of the road. Any disturbed area adjacent to the road shall be vegetated or otherwise stabilized to prevent erosion. Immediately after the road is no longer needed for the uses associated with surface mining activities or post-quarrying land uses, the road shall be physically closed to vehicular traffic, the road and adjacent slopes shall be degraded to blend with the natural contours and drainage patterns, all bridges and culverts shall be removed, cross drains, dikes, and water bars shall be constructed to minimize erosion, and all disturbed areas shall be revegetated in accordance with this chapter.

Casing and sealing of wells and bore holes. Each borehole, well, or other exposed underground opening (except for holes solely drilled for use in blasting) or other opening exposed during surface mining activities shall be cased, sealed, or otherwise managed as approved by DEP at the conclusion of surface mining activity to:

DEP may, by regulation, alter the reclamation standards set forth in this chapter.

Nothing in this section shall prevent the utilization of wells in post-mining activities.

Except as specifically set forth in this chapter, the Township shall not impose any fees, charges or taxes upon the operator other than those taxes and fees now in place in the Township, nor shall the basis of those taxes and fees presently in place in the Township be changed as to the operator except as such change may also be imposed upon every other similarly situated business and/or property located within the Township and except as such change is not otherwise preempted by federal or state law. This subsection is intended to include both the real property, personal property and all business activities of the operator, but to exclude building permit fees, water and sewer service fees, Zoning Permit fees, occupancy fees, and similar fees. This subsection, however, in no way restricts the ability of the Township to impose upon the operator pursuant to its ordinances such fines, costs and related fees (not directly addressed by the provisions contained in this chapter) as may be imposed upon every other similarly situated business, individual, and/or property.

Commencing upon the issuance of a Zoning Permit pursuant to the provisions of this chapter, the operator shall pay to the Township a quarrying fee of $0.10 per ton of stone mined and sold from the quarry tract by the operator and its agents, servants or employees, including, but not limited to, stone produced upon the quarry tract but included in asphalt and/or concrete shipped from plants located on contiguous tracts and used in conjunction with the quarry tract (the "Quarrying Fee"). The operator and the Township shall meet annually on March 15 or on such day as may be mutually agreed by the parties to reconcile the Quarrying Fee due the Township for the preceding year. Once the Quarrying Fee due the Township has been determined with all appropriate credits due the operator deducted, the operator shall within 45 days make payment to the Township of any monies due unless the Township has otherwise elected to have the surplus carried forward to future years. In the event that a deficit exists in the Quarrying Fee once all credits due the operator have been deducted, such deficit shall be carried forward to the next year and credited against any Quarrying Fee that may be due the Township.

If provided off-street: 9.5 feet by 19.5 feet.

If provided as parallel parking on-street: eight feet by 23 feet.