Extraction of minerals may be a conditional use by the Borough Council in those areas of the borough where the underlying district permits mining according to the following standards and criteria:
(A) The applicant for a mining or processing conditional use permit shall submit the following information to the Zoning Officer:
(1) Evidence of compliance with all state and federal laws applicable to the process for which the conditional use permit is sought; and
(2) A description of the character, timing and duration of the proposed operation, including maps and plans showing the area and extent of the proposed activity, the location and design of all structures, depth of the excavation, areas for storage of soil materials areas for the deposit of coal waste, and facilities for processing, loading and transportation of minerals.
(B) The location of all structures, land uses and overlay zoning features which may be affected by the proposed operation and measures which will be taken to protect all structures, land uses and overlay zoning features from adverse impacts from mining;
(C) Measures which will be taken to ensure that any loss, diminution or pollution of water supplies in areas affected by mining will be corrected or replaced;
(D) Measures which will be taken to ensure that the performance standards contained in all sections of this chapter shall be met;
(E) Description of plans for the transportation of the mined product, including routes of travel, number and weight of vehicles and measures which will be taken to maintain all roads within the borough which are used to transport minerals and to repair any damages which may result from the use of roads for loads and volumes of traffic which are in excess of their use by vehicles associated with permitted uses in the concerned district;
(F) Plans for the restoration and reclamation of all land affected by the extractive operation to a condition which will support agriculture or other uses which are permitted by right or as conditional uses in the concerned district;
(G) In deciding upon an initial application for a conditional use permit for extraction or processing, the Borough Council shall evaluate the impact of the proposed activity upon adjacent areas and upon the community at large and shall approve granting of a permit only if it finds that:
(1) The scale, pace and duration of the proposed activity are reasonable in relationship to the ability of other portions of the community to maintain normal patterns of activity while mining activities are ongoing;
(2) Adequate safeguards are provided to ensure that damage will not be done to property elsewhere in the borough or to the natural environment; and
(3) The proposed plan for reclamation and reuse of land is acceptable. If the proposed reclamation plan is for agriculture, forestry or other undeveloped use, grading, drainage and vegetation are compatible with other such use areas in the borough. If the proposed reclamation is for development, the proposed development should be compatible with the comprehensive plan and in conformance with the purposes and regulations of the district in which it is located.
(H) In deciding upon an application for any expansion or change in a mining or processing application, the Borough Council shall consider all of the factors listed above and in addition shall grant a conditional use permit only if the following conditions are met:
(1) The performance of the applicant to date has been in conformance with all of the agreements made at the time of the initial conditional use approval; and
(2) No expansion in area of a mining operation shall be permitted until mining activities have been completed on an equivalent area of land and the land shall have been graded and vegetation established in accordance with the approved plan for reclamation of the site.
(I) In no case shall a conditional use permit granted by the Borough Council extend to an area of land or mode of operation which is larger or in any way different from the scope of permits issued concurrently by state and/or federal permitting authorities for the same existing or proposed mining or processing activity; and
(J) Outdoor lighting, if any, shall be shielded and/or reflected away from adjoining properties.
(Ord. 1089, passed 5-19-2014)