Lower Pottsgrove Township
City Zoning Code
City Zoning Code
ARTICLE XXIV
Q Quarry District 1
§ 250-179 Statement of community development objectives.
Quarrying of minerals, including, but not limited to, stone, gravel, sand and other materials extracted from the earth, is a recognized, legitimate land use which supplies materials for the construction industry that are incorporated into buildings, roads, parking lot and other construction projects. Bituminous asphalt plants and ready-mix concrete plants combine these materials with oils, cement and other materials to generate products for road construction and similar products. The Q Quarry Zoning District fulfills the community development objective by providing a zoning district where the above-described uses as well as uses accessory to these uses are permitted and providing regulations concerning how they may be conducted.
§ 250-180 Purpose.
A new zoning district titled Q Quarry District is hereby established. The purpose of the Q Quarry District is to provide for safe and efficient surface mining operations which are compatible with all surrounding uses, especially residential uses, and to provide for alternative uses of land within the district which has either been reclaimed or not yet affected by quarry operations.
§ 250-181 Permitted uses.
[Amended 12-3-2007 by Ord. No. 276]
A building may be erected or altered to be used either in whole or in part and a lot may be used or occupied for any of the following uses and no other, provided that such uses shall comply with such regulations as yard size, lot sizes, lot width, building area and heights, impervious surfaces, easements, buffer yards, off-street parking and other provisions as specified in this article.
§ 250-182 Area, dimensional, open space and impervious surface requirements.
[Amended 12-3-2007 by Ord. No. 276[1]]
A.
Quarry.
(1)
Minimum lot area: 25 acres.
(2)
Maximum building coverage: 25%.
(3)
Maximum impervious surface ratio: 50%.
(4)
Minimum lot width at building setback line: 300 feet.
(5)
Yards.
(a)
Front: 125 feet. (NOTE: The front yard shall be measured from the ultimate right-of-way line. No extraction shall occur within any front yard, and no front yard shall be sloped or cut in any fashion.)
(b)
Side (each): 125 feet. (See note below.)
(c)
Rear: 125 feet. (NOTE: No extraction shall occur within any side or rear yards, and the side and rear yard setbacks may be sloped beginning at a point no closer than 125 feet from any boundary line and no closer than 125 feet from any ultimate right-of-way of a public street. The slope shall not exceed a 3:1 slope and shall be reclaimed by seeding and planting in accordance with a plan and timetable approved by the Board of Commissioners.)
(6)
Setback from occupied building: 300 feet.
(7)
Maximum building height: 40 feet. (NOTE: Building height shall be applicable only to those buildings or structures having a permanent fixed foundation or location on the ground and shall not include machinery or other temporary structures necessary to the operation of extraction operations, asphalt plants or ready-mix concrete plants.)
B.
Bituminous asphalt plant and ready-mix concrete plant. (If a bituminous asphalt plant or a ready-mix concrete plant is combined with another use permitted in the Q Quarry District, the area and dimensional requirements of each use must be separately met.)
(1)
Minimum lot area: five acres.
(2)
Maximum building coverage: 35%.
(3)
Maximum impervious surface ratio: 50%.
(4)
Minimum lot width at building setback line: 300 feet.
(5)
Yards.
(a)
Front: 125 feet. (NOTE: The front yard shall be measured from the ultimate right-of-way line. No extraction shall occur within any front yard, and no front yard shall be sloped or cut in any fashion.)
(b)
Side (each): 125 feet. (See note below.)
(c)
Rear: 125 feet. (NOTE: No extraction shall occur within any side or rear yards, and the side and rear yard setbacks may be sloped beginning at a point no closer than 125 feet from any boundary line and no closer than 125 feet from any ultimate right-of-way of a public street. The slope shall not exceed a 3:1 slope and shall be reclaimed by seeding and planting in accordance with a plan and timetable approved by the Board of Commissioners.)
(6)
Maximum building height: 40 feet. (NOTE: Building height shall be applicable only to those buildings or structures having a permanent fixed foundation or location on the ground and shall not include machinery or other temporary structures necessary to the operation of extraction operations, asphalt plants or ready-mix concrete plants.)
C.
All other uses, subject to above. (NOTE: If minimum dimensional requirements for a use permitted in the Q Quarry District are specified in another part of this article, those dimensional requirements shall be met. If no specific dimensional requirements are specified in another part of this article, then the minimum lot area in this section shall apply. If a bituminous asphalt plant or a ready-mix concrete plant is combined with another use permitted in the Q Quarry District, the area and dimensional requirements of each use must be separately met.)
[1]
Editor's Note: This ordinance renumbered original § 3103B as a separate section and directed subsequent sections in this article to be renumbered consecutively.
§ 250-183 Special regulations.
A.
Quarry activities (including, but not limited to, opening, operating, extensions in depth, closure and reclamation) shall be subject to the Non-Coal Surface Mining Conservation and Reclamation Act[1] and the regulations adopted pursuant thereto, as same may from time to time be amended; provided, however, that in the event of a conflict between the provisions of this article and the Act as to land use matters, the stricter provision shall apply.
[1]
Editor's Note: See 52 P. S. § 3311 et seq.
B.
In addition, the following land use regulations shall apply to quarry activities:
(1)
Landscaping and screening. There shall be a berm around the perimeter of the quarry, which shall be located within the required side, rear and front yard areas. The toe of the berm shall not be closer than 50 feet from the property boundary or, where a street forms the property boundary, not closer than 50 feet from the ultimate right-of-way of such street. The berm shall have a minimum height of 15 feet and maximum height of 35 feet. The slope of sides of the berm shall not exceed a 3:1 ratio. Berms shall be planted and landscaped in accordance with a plan approved by the Board of Commissioners of Lower Pottsgrove Township in consultation with a licensed landscape architect. Erosion control measures shall be in accordance with the Lower Pottsgrove Township Subdivision and Land Development Ordinance (Chapter 215) and the Montgomery County Conservation District.
(2)
Fencing. A chain link fence at least six feet in height, surmounted by three strands of barbed wire, shall be provided around the perimeter of the quarry and maintained in a constant state of good repair. Appropriate warning signs shall be mounted or posted along the fence at intervals of not more than 50 feet. The fence shall be set back at least 15 feet from any property line or street line.
(3)
Slope of excavation. The quarry walls shall be sloped in accordance with the provisions of the Non-Coal Surface Mining Conservation and Reclamation Act and the rules and regulations adopted pursuant thereto. No slope shall be maintained exceeding the normal limiting angle of repose of the material in which the excavation or extraction should be made. No undercutting shall be permitted within any required setback area.
(4)
Setback. Extraction shall not be permitted closer than 125 feet to a property line nor closer than 125 feet to the ultimate right-of-way line of any street. Additionally, extraction shall not be permitted closer than 300 feet to any occupied building. The setback shall not be used for any other use in conjunction with extraction except access streets, berm, screening, directional signs, public notice signs identifying the excavation, business signs identifying the occupant, and buildings and structures in conformity with the applicable provisions of this article.
(5)
Lateral support. All operations shall be conducted with sufficient lateral support to be safe with respect to hazard to persons, physical damage to adjacent lands or improvements or damage to any street, sidewalk, parking area or utility by reason of slide, sinking or collapse.
(6)
Stockpiles. Stockpiles shall not exceed a height which would make them visible from any abutting street or from the first-floor elevation of any building on a lot abutting the Quarry District. In no event shall stockpiles exceed 100 feet in height, and the toe of the slope shall not be located closer than 125 feet from any property line nor closer than 125 feet from the ultimate right-of-way of any street.
(7)
Drainage. All drainage from the site of extractive operations shall be controlled by dikes, barriers or drainage structures sufficient to prevent any silt, debris or other loose materials from filling any existing drainagecourse or encroaching on streets and adjacent properties.
(8)
Control of vibration. Ground vibration caused by blasting or machinery shall not exceed the limits established by the Non-Coal Surface Mining Conservation and Reclamation Act and the rules and regulations adopted pursuant thereto, with the exception that blasting shall not cause a peak particle velocity greater than one inch per second, measured at any property line or ultimate right-of-way of any street.
(9)
Internal circulation. An adequate internal circulation pattern of streets shall be maintained between excavation and processing areas. The use of public streets shall not be permitted for hauling between extraction and processing.
(10)
Access and traffic safety. Truck access to the Quarry District shall not utilize local access routes identified in the Lower Pottsgrove Comprehensive Plan to include residential and rural roads, marginal access roads and culs-de-sac. All necessary precautions must be taken to ensure the safety of motorists traveling on any public highway intersected by any internal circulation pattern. These precautions shall include, but not be limited to, the following items:
(a)
Stop signs shall be placed at the intersection of all internal roadways with public highways, halting all internal traffic in any direction before the crossing of the public highway.
(b)
Street signs as permitted by PennDOT on all public highways intersected by internal roadways, at a point 150 feet from the intersection of the public highway, indicating that caution should be observed and that trucks will be crossing 150 feet from the signs.
(c)
Caution lights as permitted by PennDOT are to be provided, having at least two blinking yellow lights sufficient to attract the attention of a passing motorist attached to a sign advising that caution should be observed due to a truck crossing ahead, and the signs shall be at a distance of 300 feet from the intersection of the public highway and internal roadway, or less if necessary, so that one sign faces each direction of travel upon the public highway.
(11)
Noise. The operation of equipment and machinery, including, but not limited to, crushers, vibrating screens, equipment used to haul stone such as trucks, conveyors and other forms of conveyance, shall not generate noise measured at the property boundary of the quarry or the ultimate right-of-way of any public street abutting the quarry exceeding the following limits:
(12)
Tire cleaning facilities. A tire cleaning facility shall be installed and all trucks exiting the quarry shall pass through the tire cleaning facility before entering upon any public street or roadway. The tire cleaning facility shall assure that mud, dust and debris from the quarry shall be removed prior to the truck entering a public street or roadway. The specifications for the tire cleaning facility shall be subject to review and approval by the Township Engineer.
(13)
Permits required. The operator shall, within six months of the effective date of this article, obtain a use and occupancy permit in accordance with the following requirements:
(a)
Requirements for such permits. No extraction shall commence or continue on a site within a district in which the operation of a quarry is permitted unless a use and occupancy permit has been duly issued. Therefore, such permits shall be required prior to any of the following:
[1]
The removal of stone, gravel, sand and/or other minerals.
[2]
The process of crushing or grading of stone, gravel, sand and/or other minerals.
[3]
The leaching of minerals from stone or sand.
[4]
The use of portions of the site for truck loading and unloading of rock, sand, gravel or other materials.
[5]
The stockpiling of stone, gravel, sand or other materials.
(b)
Application for such permits. All applications for such permits shall be made to the Zoning Officer in writing to ascertain compliance with this article.
(c)
Issuance of such permits. No such permits shall be issued until the Zoning Officer has received the following:
[1]
A copy of all reports and permits, except for financial and test bore data, as required by the Pennsylvania Surface Mining Act to be maintained and renewed by the Pennsylvania Department of Environmental Protection, Bureau of Surface Mine Reclamation on an annual basis. Such reports and permits shall have been submitted and/or issued within one year of the date of application for such permit.
[2]
A contour plat, drawn to a scale of 100 feet to the inch and contour intervals of five feet, showing:
[a]
The legal outbound as described in the deed and all adjacent tax parcels.
[b]
The zoning district boundary line.
[c]
The existing excavation pit, if applicable, and proposed location and extent of the pit.
[d]
The location of all existing and proposed overburden.
[e]
The location of all structures including all residences on adjacent parcels.
[f]
All setback and yard requirements.
[g]
All existing and proposed access points and internal circulation.
(d)
Annual renewal of such permits and fees.
[1]
All quarries, whether or not such quarries have been in operation prior to the adoption of this article, must obtain the use and occupancy permits for mining extraction and pay an annual fee to the Township before January 15 beginning with the year following the year in which the initial permit for the operation of a quarry has been secured.
[2]
Upon receiving such application, the Township Engineer shall inspect the site to determine that the operation is in conformance with the Department of Environmental Protection, Bureau of Surface Mine Reclamation annual permit and reports and the required setbacks and all other provisions of this article. The Township Engineer shall submit his written findings to the governing body. If the governing body finds that the application for an annual permit conforms with this article, an annual use and occupancy permit for mining extraction shall be issued. If the governing body finds that the application does not conform with the requirements of this article, the governing body shall authorize the Zoning Officer to issue a cease and desist order as provided within this article until such violation is corrected.
(14)
Parking. Off-street parking spaces shall be provided as the Board of Commissioners determines to be adequate to serve customers, employees, visitors and vehicles normally parked on the premises.
§ 250-184 Special regulations for bituminous asphalt and ready-mix concrete plants.
In addition to the other regulations provided herein, the following regulations shall apply to bituminous asphalt and ready-mix concrete plants.
A.
The use must comply with the front, rear and side yard, minimum lot area, maximum building height and impervious surface area requirements of the district in which the use is proposed.
B.
The applicant must demonstrate that the use proposed will comply with all permit requirements of the Pennsylvania Department of Environmental Protection or any other commonwealth or federal governmental agency which regulates such use.
C.
A buffer area shall be established sufficient to adequately screen the operation from other uses in the vicinity. The buffer area shall be of sufficient width to protect the surrounding area from the objectionable effects of the proposed use, including, but not limited to, noise, dust, vibration, odor, illumination, visual effects and the like.
D.
An applicant for approval for a bituminous asphalt and/or ready-mix concrete plant may be required by the Zoning Officer of the Township to submit such additional information as may be necessary to establish that the use proposed will comply with applicable regulations of the Pennsylvania Department of Environmental Protection and United States Environmental Agency as they relate to air-borne contaminants, handling of fuel oils used in processing, and the like.