[HISTORY: Adopted by the Village Board of the Village of
Fredonia as Secs. 7-9-1 to 7-9-6 of the 1995 Code. Amendments noted
where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
This chapter is adopted pursuant to § 295.14, Wis.
Stats., which is adopted by reference and made part of this chapter
as if fully set forth therein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The terms used in this chapter shall have the meanings provided
in § 295.11, Wis. Stats.
This nonmetallic mining reclamation 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
This nonmetallic mining reclamation chapter shall not apply
to the following activities:
A.
Excavations or grading by a person solely for domestic or farm use
at his or her residence or farm.
B.
Excavations or grading conducted for the construction, reconstruction,
maintenance or repair of a highway, railroad, airport facility or
any other transportation facility if the excavation or grading is
within the property boundaries of the transportation facility.
C.
Grading conducted for preparing a construction site or restoring
land following a flood or natural disaster.
D.
Excavations for building construction purposes.
E.
Nonmetallic
mining sites of less than one acre.
F.
Any mining operation, the reclamation of which is required in a permit
obtained under Ch. 293 or Subch. III of Ch. 295, Wis. Stats.
G.
Any activities required to prepare, operate or close a solid waste disposal facility under Subchs. II to IV of Ch. 289, Wis. Stats., or a hazardous waste disposal facility under Ch. 291, Wis. Stats., that are conducted on the property on which the facility is located, but a nonmetallic mining reclamation ordinance and the standards established under § 295.12(1)(a), Wis. Stats., apply to activities related to solid waste or hazardous waste disposal that are conducted at a nonmetallic mining site that is not on the property on which the solid waste or hazardous waste disposal facility is located such as activities to obtain nonmetallic minerals to be used for lining, capping, covering or constructing berms, dikes or roads.
A.
Permit required. No person 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 in
accordance with the Village's current Schedule of Fees,[1] plus actual Village 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[1]
Editor's Note: The Schedule of Fees is on file in the Village
office.
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 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
areas;
(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 to be flatter than a three to one
horizontal slope in a sand, gravel or borrow pit operation, or in
a safe angle or 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.
D.
Applications. All applications for a license hereunder shall be made
in writing upon the written form provided by the Village and distributed
by the Village Clerk. All applications for permits hereunder shall
be signed by the applicant and filed with the Village Clerk at least
60 days prior to the licensing period. The Clerk shall immediately
refer all applications for a license hereunder to the Village Board
for public hearing and approval. The operator shall receive written
notice of the public hearing. The license 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 Board
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.
[Amended 11-17-2022 by Ord. No. 2022-6]
E.
Financial assurance. Before a license 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 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
improvements.
(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. Prior to reclamation, nonmetallic mining sites abutting areas
zoned residential shall be enclosed by a security fence of not less
than six 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 nonmetallic mining reclamation 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.
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 Village Board.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
If any section, portion or provision of this chapter is invalid, preempted by state law
or unconstitutional, or if the application of this chapter to any
person or circumstances is adjudged invalid or unconstitutional by
a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the other provisions or applications of this chapter
which can be given effect without the invalid or unconstitutional
provision or application.
