[HISTORY: Adopted by the Town Board of the Town of Koshkonong as Title 7, Ch. 10, of the 1996 Code. Amendments noted where applicable.]
As used in this chapter:
- ENVIRONMENTAL POLLUTION
- Has the meaning specified under § 295.11(2), Wis. Stats.
- NONMETALLIC MINING or NONMETALLIC MINING OPERATION
- Operations or activities for the extraction from the earth for sale or use by the operator of mineral aggregates such as stone, sand and gravel, fill material and nonmetallic minerals such as asbestos, beryl, clay, feldspar, peat and talc, related operations or activities such as excavation, grading or dredging if the purpose of those operations or activities is the extraction of mineral aggregates and nonmetallic minerals and related processes such as crushing, screening, scalping, dewatering and blending.
- NONMETALLIC MINING REFUSE
- Waste soil, rock, mineral, liquid, vegetation and other waste material resulting from a nonmetallic mining operation. This term does not include merchantable by-products resulting directly from or displaced by the nonmetallic mining operation.
- NONMETALLIC MINING SITE or SITE
- The location where a nonmetallic mining operation is proposed or conducted, including all surface areas from which materials are removed, related storage and processing areas, areas where nonmetallic mining refuse is deposited and areas disturbed by the nonmetallic mining operation by activities such as the construction or improvement of roads or haulageways.
- Any person who is engaged in a nonmetallic mining operation or nonmetallic mining site reclamation or who applies for or holds a nonmetallic mining permit issued under this nonmetallic mining reclamation ordinance whether individually, jointly or through subsidiaries, agents, employees, contractors or subcontractors.
- The rehabilitation of a nonmetallic mining site, including, but not limited to, removal of nonmetallic mining refuse, grading of the site, replacement of topsoil, stabilization of soil conditions, establishment of vegetative cover, control of surface water and groundwater, prevention of environmental pollution, construction of fences and, if practical, restoration of plant, fish and wildlife habitat.
- REPLACEMENT OF TOPSOIL
- The replacement of the topsoil which was removed or disturbed by a nonmetallic mining operation or the provision of soil which is at least as adequate as the topsoil which was removed or disturbed for the purposes of providing adequate vegetative cover and stabilization of soil conditions.
This chapter is adopted pursuant to § 295.14, Wis. Stats., which is adopted by reference and made a part of this chapter as if fully set forth herein.
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 3-13-2019 by Ord. No. 1]
This nonmetallic mining reclamation chapter shall not apply to the following activities:
Excavations or grading by a person solely for domestic or farm use at his or her residence or farm.
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.
Grading conducted for preparing a construction site or restoring land following a flood or natural disaster.
Excavations for building construction purposes.
Nonmetallic mining sites of less than one acre.
Any mining operation, the reclamation of which is required in a permit obtained under Ch. 293 or Subch. III of Ch. 295, Wis. Stats.
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.
Dredging for navigational purposes, to construct or maintain farm drainage ditches and for the remediation of environmental contamination and the disposal of spoils from that dredging.
Removal of material from the bed of Lake Michigan or Lake Superior by a public utility pursuant to a permit under § 30.21, Wis. Stats.
Permit required. No person shall operate any nonmetallic mining site or operation within the Town unless he obtains a nonmetallic mining permit from the Town Board. The fee for such permit shall be as in the Town Fee Schedule, as determined by the Town Board pursuant to the size of the proposed operation plus any actual Town 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 3-13-2019 by Ord. No. 1]
Editor's Note: The Fee Schedule is on file in the Town office.
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 Town Board 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 or 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 Town Board;
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 Town and distributed by the Town Clerk. All applications for permits hereunder shall be signed by the applicant and filed with the Town Clerk at least 60 days prior to the licensing period. The Clerk shall immediately refer all applications for a permit hereunder to the Town Board for public hearing and approval except no public hearing is required for any renewal permit pursuant to § 367-7D hereof. 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 Town 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 Town Board may approve, approve conditionally or reject the application and reclamation plan.
Financial assurance. Before a permit and reclamation plan is approved by the Town Board, 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 Town Board.
Guaranteed completion of the required reclamation within a period determined by the Town Board.
Payment by the operator for all costs incurred by the Town for review and inspection. This would include preparation and review of plans and specifications by the Town Engineer and Attorney, as well as other costs of a similar nature.
The Town 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 Town Engineer's estimated cost of the required improvements, or such other amount as the Town Board may determine.
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 Town 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 Town Board, 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 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.
Inspection. An authorized agent of the Town 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.
Prohibitions and orders. Nonmetallic mining operations within the Town 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 Town Board.
Definitions. The following definitions shall apply in the interpretation and enforcement of this section:
- A method of loosening, moving or shattering masses of solid matter by use of explosive compounds to prepare stone for crushing, to prepare stone for building and/or ornamental use, or to prepare property for development.
- Any individual, partner, corporation, company, trustee or association, together with the respective servants, agents and employees thereof.
- ROCK CRUSHER
- Any device, machine, apparatus or equipment used either individually or in conjunction with any other device, machine, apparatus or equipment for the purpose of crushing, grinding, breaking or pulverizing rock or stone.
Operation. No person within the Town shall operate a rock crusher or perform blasting in such a manner so that any dust, dirt or vibration from such operation shall, in any way, damage or injure any person or property within the Town. All blasting within the Town shall be performed according to the requirements of Chapter 207, Blasting, of the Code of the Town of Koshkonong.
Permit required. No person within the Town shall operate a rock crusher or perform blasting who does not possess a proper permit therefor from the Town, except where such activities are expressly authorized as part of a permit issued pursuant to § 367-5.
Applications. All applications for permits hereunder shall be made, in writing, upon the written form provided by the Town and distributed by the Town Clerk. All applications for permits hereunder shall be signed by the applicant and filed with the Town Clerk at least 60 days prior to the licensing period. The Town Clerk shall immediately refer all applications for permits hereunder to the Town Engineer. The Town Clerk shall issue a permit hereunder only after first receiving the recommendation of the Town Engineer, the duly executed certified check for the permit fee as hereinafter provided and the submittal of the Plan of Operation, if required, as approved by the Town Engineer.
Certified check. Each application for a permit hereunder shall be accompanied by a certified check in the sum of the required permit fee as hereinafter provided, or a renewal thereof, the same to be payable to the Town.
Plan of operation. Each application for a permit to perform blasting or operate a rock crusher hereunder or renewal thereof shall be accompanied by a Plan of Operation which shall include: methods of screening from adjacent properties, hours of operation, hours of blasting and operation of rock crusher, dust and noise control, blasting procedures, location and height of stock piles, whether a rock crusher will be needed and how often, water supply, drainage course, maximum depth, legal description of property in question and other information the Town Engineer deems pertinent to the proposed operation. Such Plan of Operation shall be approved by the Town Engineer.
[Amended 3-13-2019 by Ord. No. 1]
Each application for a blasting permit shall be accompanied by a certificate of insurance identifying the Town of Koshkonong as a party insured in the amount of $500,000 for damage to property, and $500,000 for injury to one person and $1,000,000 for injury to more than one person caused by the blasting.
Renewals. All requests for renewals of permits hereunder shall be made at least 60 days prior to the expiration date of the permit and must comply with all requirements of Subsection C above.
Permit fee. The permit fee for any permit issued pursuant to this section shall be as set forth below. No permit fee shall be prorated. All permits issued hereunder shall expire on January 31 following the date of issue:
Penalty. Any person who shall violate any of the provisions of this section shall be subject to a penalty as provided in § 1-3 of this Code. However, upon conviction for the violation of any of the provisions of this section by the holder of a permit issued hereunder, and in addition to the forfeiture provided, such permit shall thereupon be cancelled, revoked, rescinded and terminated.
Enforcement. Before renewal of any permit issued under this section is refused or any permit is revoked, cancelled, rescinded or terminated, the permittee shall be given written notice of any charges or violations against him or the reasons proposed for nonrenewal or revocation and shall have an opportunity to be heard before the Town Board.
For existing operations, changes in surrounding land uses occurring subsequent to the issuance of permits therefor pursuant to this chapter shall not be given undue consideration in the permitting process.