[HISTORY: Adopted by the Village Board of the Village of Rothschild 3-24-1997 (Sec. 11.23 of the 1967 Code). Amendments noted where applicable.]
Any person engaging in nonmetallic mining operations or engaging in reclamation of a nonmetallic mining site or any owner of an existing nonmetallic mining site that has not undergone reclamation, whether engaged in active operation or not, shall obtain from the Village a nonmetallic mining site permit. The fee for such permit shall be set by the Village Board. The permit shall be issued from July 1 of any year to June 30 of the next year. No person may conduct nonmetallic mining, maintain a nonmetallic mining site, or own a nonmetallic mining site which has not undergone reclamation without a permit. The permit shall be subject to recommendation of the Planning Commission and the approval of the Village Board.
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 after a flood or natural disaster.
D. 
Excavations for building construction purposes.
E. 
Any mining operation, the reclamation of which is required and 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 Subchapters II to IV of Ch. 289, Wis. Stats., or a hazardous waste disposal facility under Ch. 291, Wis. Stats., but shall apply to any activities at such facilities to obtain nonmetallic minerals to be used for lining, capping, covering or constructing berms, dykes or roads.
The application and permit shall:
A. 
Designate the premises subject to the permit, which may not be amended if the person changes the premises within the Village.
B. 
Contain the name of the applicant and his or its address and business and residential telephone numbers.
C. 
Include an operational plan prepared by an engineer or land surveyor duly licensed in Wisconsin and containing:
(1) 
A written description of the nature of the proposed operation, including type and amount of machinery and equipment to be used; the source, quality and disposition of water to be used and the nature of proposed fill material, if any; and dates or days and hours of operation.
(2) 
A site plan and a topographic map showing existing contours at vertical intervals of at least two feet, plus existing trees, vegetation, structures, ponds, watercourses, utilities, easements, roads and driveways. In addition, the map shall show neighboring property use within 1,000 feet of the site.
(3) 
The depth by area of proposed excavation or filling.
(4) 
Proposed visual screening method, including earth berms, fences, and plantings.
(5) 
Drainage plan during operations.
D. 
Include a restoration plan prepared by an engineer or land surveyor duly licensed in Wisconsin and containing:
(1) 
Proposed stages of excavation or filling by area.
(2) 
Estimated timetable for commencement and completion of restoration.
(3) 
Proposed contours of the land after completion, including a final surface water drainage and erosion control plan.
(4) 
General use plan, such as proposed roads, lots and building sites for future development if so zoned or planned.
(5) 
Depth of restored topsoil and location of proposed reforestation or other landscaping.
E. 
Include proof of adequate public liability insurance.
The term "nonmetallic mining," "nonmetallic mining operation," "nonmetallic mining refuse," "nonmetallic mining site," "site," "reclamation," and "replacement of topsoil" shall have the meanings assigned to them in § 295.11, Wis. Stats.
No permit shall be issued or reissued if the applicant/operator fails to:
A. 
Meet or comply with the reclamation standards established by the Village Board.
B. 
Develop and submit to the Village Board a nonmetallic mining operation plan and fails upon operation to comply with the plan.
C. 
Develop and submit to the Village Board a nonmetallic mining reclamation plan and fails upon operation to comply with the plan.
D. 
Submit and maintain the financial assurance requested by the Village Board pursuant to § 295.12(3)(g), Wis. Stats.
E. 
Install and maintain adequate sanitary facilities at the nonmetallic mining operation.
F. 
Comply with the operational dates or days and hours for operation of the nonmetallic mining operation as approved by the Village.
G. 
Meet applicable building codes for the nonmetallic mining site.
H. 
Install, provide and maintain adequate and necessary physical structures, equipment and operational controls as determined by the Village Board to prevent public nuisances and to protect the public health and safety of persons residing near the nonmetallic mining operation or persons entering the nonmetallic mining operation, including public nuisances associated with noise, dust, odors, fires, explosions, water pollution, air pollution, and erosion.
I. 
Maintain adequate public liability insurance for the nonmetallic mining site.
J. 
Comply with the Village ordinances.
K. 
Install and maintain adequate physical structures and operational controls to prevent trespassing, littering, and discharging of waste and to prevent nuisance to private or public land adjacent to the nonmetallic mining site.
L. 
Allow physical access to the site by the Village's employee or designee for inspection purposes.
In addition to any other remedy, any person who fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than $100 nor more than $1,000. Each day a violation exists or continues shall constitute a separate offense.