[HISTORY: Adopted by the Common Council of the City of Marion 7-22-1993 as Secs. 7-8-1 to 7-8-6 of the 1993 Code. Amendments noted where applicable.]
Blasting and rock crushing — See Ch. 273.
This chapter is adopted pursuant to Ch. 295, Subchapter I, Wis. Stats., and Ch. NR 135, Wis. Adm. Code, which are adopted by reference and made a part of this chapter as if fully set forth herein. In the event of a conflict between this chapter and the state regulations, the state regulations shall control.
Terms used in this chapter shall be defined as provided in § 295.11, Wis. Stats.
This chapter shall apply to any portion of a nonmetallic mining site, including unreclaimed portions of a site which were mined prior to the effective date of this chapter.
This chapter shall not apply to the following activities:
Excavations or grading by a person solely for domestic use at his or her residence.
Excavation or grading conducted for highway construction purposes within the highway right-of-way.
Grading conducted for farming, preparing a construction site or restoring land following a flood or natural disaster.
Excavations for building construction purposes.
Any mining operation, the reclamation of which is required in a permit obtained under Ch. 293, Wis. Stats.
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 this chapter may apply to activities related to solid or hazardous waste disposal which are conducted at a nonmetallic mining 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.
Permit required. No person shall operate any nonmetallic mining site or operation within the City unless he obtains a nonmetallic mining permit from the Common Council. The fee for such permit shall be set by the Common Council, plus any actual City administrative expenses, payable by certified check. Operators of existing nonmetallic mining operations shall apply for such permit within 30 days of the effective date of this chapter.
Required permit information. An application for a nonmetallic mining permit shall be submitted by the operator and shall include:
An adequate description of the operation, including a legal description of the property;
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;
Estimated dates for completion of the extraction and commencement and completion dates for the reclamation;
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;
Methods of screening from adjacent properties;
Hours of operation;
Dust and noise control;
Location and height of stockpiles; and
Such other information the Common Council deems pertinent to the operation.
Reclamation plan. The reclamation plan shall contain adequate provision that:
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.
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.
Excavations made to a water-producing depth shall be not less than three feet measured from the low-water mark.
All final slopes shall be covered with adequate topsoil and seeded to prevent erosion.
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 Common Council.
There is a timetable for completion of various stages of reclamation of the nonmetallic mining site.
Applications. All applications for a permit hereunder shall be made in writing upon the written form provided by the City and distributed by the City Clerk-Treasurer. All applications for permits hereunder shall be signed by the applicant and filed with the City Clerk-Treasurer at least 60 days prior to the permit period. The Clerk-Treasurer shall immediately refer all applications for a permit hereunder to the Common Council 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 Council. Modification of the application or reclamation plan may be permitted or additional conditions may be required upon application. The Council 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 Council may approve, approve conditionally or reject the application and reclamation plan.
Financial assurance. Before a permit and reclamation plan are approved by the Common Council, the operator shall submit an agreement and performance bond or cash escrow agreement to assure the following:
The operator shall pay for the cost of all improvements required in the reclamation plan by the Common Council.
Guaranteed completion of the required reclamation within a period determined by the Council.
Payment by the operator for all costs incurred by the City for review and inspection. This would include preparation and review of plans and specifications by the City Engineer and Attorney, as well as other costs of a similar nature.
The City may elect to have stages of the reclamation plan performed under the terms of a cash escrow agreement.
The required performance bond or cash escrow agreement shall be equal to 1 1/4 times the City Engineer's estimated cost of the required improvements.
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 City 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 Common Council, at its option, may extend the bond period for additional periods.
Fences. Prior to reclamation, 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.
Inspection. An authorized agent of the City 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.
Prohibitions and orders. Nonmetallic mining operations within the City 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.
If any permit is revoked, cancelled, 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 Common Council.