[HISTORY: Adopted by the Village Board of the Village of
Dane 3-5-2012 by Ord. No. 2012-03 (Secs. 7-8-1 to 7-8-4 of the 1996
Code). Amendments noted where applicable.]
The Village of Dane hereby adopts the rules of the Department
of Natural Resources as required by § 295.12(1), Wis. Stats.,
and Ch. NR 135 of the Wisconsin Administrative Code, as if fully set
forth herein. If any provisions of this chapter conflict with the
rules of the Department of Natural Resources, the rules of the Department
of Natural Resources shall control.
A.
Permit required. No person or entity shall operate any nonmetallic
mining site or operation within the Village unless he obtains a nonmetallic
mining permit from the Village Board. The fee for such permit shall
be established by resolution of the Village Board, plus any actual
Village administrative expenses.
B.
Required permit information. An application for a nonmetallic mining
permit shall be submitted by the operator and shall include:
(1)
An adequate description of the operation, including a legal description
of the property;
(2)
A plan of the site showing the proposed and existing roads and drives,
and the sources, quantity and disposition of water to be used, if
any;
(3)
Estimated dates for completion of the extraction and commencement
and completion dates for the reclamation;
(4)
A reclamation plan and such other information as may be necessary
to determine the nature of the operation and the effect on the surrounding
area;
(5)
Methods of screening from adjacent properties;
(6)
Hours of operation;
(7)
Dust and noise control;
(8)
Maximum depth;
(9)
Blasting procedures;
(10)
Location and height of stockpiles; and
(11)
Such other information the Village Board deems pertinent to
the operation.
C.
Reclamation plan. The reclamation plan shall contain adequate provision
that:
(1)
All final slopes around the area be flatter than a three to one horizontal
slope in a sand, gravel or borrow pit operation or in a safe angle
of repose in a quarrying operation;
(2)
Excavations below the grade of the nearest abutting public street
or highway shall be set back from the street or highway a distance
not less than that required for buildings and structures in the same
zoning district;
(3)
Excavations made to a water-producing depth shall be not less than
three feet measured from the low-water mark;
(4)
All final slopes shall be covered with adequate topsoil and seeded
to prevent erosion;
(5)
The plan shall require that, after completion of the anticipated
operation, the area shall be cleared of all debris and be left in
a workmanlike condition, subject to the approval of the Village Board;
(6)
There is a timetable for completion of various stages of reclamation
of the nonmetallic mining site;
(7)
Upon completion of the reclamation plan, the operator shall repair
or replace all Village streets to the condition said streets were
in prior to the granting of the permit.
D.
Applications. All applications for a permit hereunder shall be made
in writing upon the form provided by the Village and distributed by
the Village Clerk-Treasurer. All applications for permits hereunder
shall be signed by the applicant and filed with the Village Clerk-Treasurer
at least 60 days prior to the permit period. The Village Clerk-Treasurer
shall immediately refer all applications for a permit hereunder to
the Village Board for public hearing and approval. The operator shall
receive written notice of the public hearing. The permit shall be
for a period of time as stated in the application or as modified by
the Village Board. Modification of the application or reclamation
plan may be permitted, or additional conditions may be required upon
application. The Village shall consider the effect of the operation
and the proposed reclamation upon existing and future conditions,
including streets, neighboring land development, land use drainage,
water supply, water pollution, air pollution, soil erosion, natural
beauty and land value of the locality. The Village Board may approve,
approve conditionally or reject the application and reclamation plan.
E.
Financial assurance. Before a permit and reclamation plan is approved
by the Village Board, the operator shall submit an agreement and performance
bond or cash escrow agreement to assure the following:
(1)
The operator shall pay for the cost of all improvements required
in the reclamation plan by the Village Board.
(2)
Guaranteed completion of the required reclamation within a period
determined by the Village Board.
(3)
Payment by the operator for all costs incurred by the Village for
review and inspection. This would include preparation and review of
plans and specifications by the Village Engineer and Attorney, as
well as other costs of a similar nature.
(4)
The Village may elect to have stages of the reclamation plan performed
under the terms of a cash escrow agreement.
(5)
The required performance bond or cash escrow agreement shall be equal
to 1 1/4 times the Village Engineer's estimated cost of
the required reclamation requirements.
(6)
If the required reclamation is not complete within the designated
period, all amounts held under the escrow agreement or performance
bond shall be turned over and delivered to the Village and applied
to the cost of the required reclamation. Any balance remaining after
such reclamation has been done shall be returned to the operator.
The Village Board, at its option, may extend the bond period for additional
periods.
F.
Fences. Upon granting the permit, nonmetallic mining sites abutting
areas zoned residential shall be enclosed by a security fence of not
less than four feet in height. Fence gates shall be locked or secured
when the site is unattended so as to prevent uncontrolled access by
children to the site.
G.
Inspection. An authorized agent of the Village may enter the premises
of a nonmetallic mining operation in the performance of his or her
official duties by permission of the property owner or operator or
pursuant to a special inspection warrant issued under § 66.0119,
Wis. Stats., in order to inspect those premises and to ascertain compliance
with this chapter.
H.
Prohibitions and orders. Nonmetallic mining operations within the
Village are prohibited if the nonmetallic mining site cannot be reclaimed
in compliance with the standards of this chapter or if other requirements
of this chapter are not met.
The provisions of this chapter shall not apply to the following
activities:
A.
Excavations or grading by a person solely for domestic use at his
or her residence.
B.
Excavations or grading conducted for highway construction purposes
within the highway right-of-way.
C.
Grading conducted for farming, preparing a construction site or restoring
land following a flood or natural disaster.
D.
Excavations for building construction purposes.
E.
Any mining operation, the reclamation of which is required in a permit
obtained under Ch. 293, Wis. Stats.
F.
Any activities conducted at a solid or hazardous waste disposal site
required to prepare, operate or close a solid waste disposal facility
under Ch. 289, Wis. Stats., or a hazardous waste disposal facility
under Ch. 291, Wis. Stats., but a nonmetallic mining reclamation ordinance
may apply to activities related to solid or hazardous waste disposal
which are conducted at a nonmetallic site separate from the solid
or hazardous waste disposal facility, such as activities to obtain
nonmetallic minerals to be used for lining, capping, covering or constructing
berms, dikes or roads.
If any permit is to be revoked, canceled, rescinded or terminated,
the operator shall be given written notice of any charges or violations
against him or the reasons proposed for revocation and shall have
an opportunity to be heard before the Village Board.