Except as is expressly provided in this chapter
to the contrary, no person shall commence or continue any quarry or
other nonmetallic mining operations, or engage in any related activities
or processes (but not including the taking of core samples or engaging
in other exploration activities that require no significant disturbance
of the earth's surface) without a valid and effective permit issued
pursuant to this chapter.
With respect to quarry or other nonmetallic
mining operations that were commenced prior to the effective date
of this chapter, and which were active on such date, the operator
shall have 90 days from the effective date of this chapter to submit
an application for a permit. The Village Board may extend this time
for an additional 60 days upon good cause shown. A timely application
submitted by the operator of such a quarry or other nonmetallic mining
operation shall be treated as an interim permit, subject to all of
the mandatory requirements of this chapter, until such time as the
Village Board acts upon the application.
Prior to filing an application for a quarry
or other nonmetallic mining permit (or any renewal or amendment thereof)
under this chapter, the operator shall meet and confer with the Village
staff. The purposes of this conference are to inform the operator
of the purposes, objectives and requirements of this chapter, to discuss
the proposed operations for the purpose of identifying information
or materials that should be included in the application or which might
be waived, to identify any problems or concerns requiring special
attention, and otherwise to facilitate a full and efficient evaluation
of the application.
The application for a quarry or other nonmetallic
mining permit shall be submitted to the Village Clerk on forms provided
by the Village. The application for such a permit shall be signed
by the applicant and shall be accompanied by the following information
and materials (which may be combined, so long as the required information
is presented in a clear and understandable manner):
A.
Name, address, telephone number. The name, address
and telephone number of the operator, and the name, address and telephone
number of the owner of the site, if the operator is not the owner.
B.
Ownership interest. A copy of the operator's deed
to the site, contract to purchase the site or lease authorizing the
operator to conduct quarry or other nonmetallic mining operations
on the site. The expiration date of any lease shall be clearly indicated
thereon.
C.
Legal description; acreage. A legal description of
the proposed quarry or other nonmetallic mining site and the total
number of acres involved.
D.
Other permits or licenses. A list of all other quarry
or nonmetallic mining permits or licenses held by the operator, including
the name, address and telephone number of each permitting or licensing
entity.
E.
General location map. A map of the community showing
the general location of the site.
F.
Survey. Five copies of a survey, drawn to a scale
of no less than one inch equals 200 feet, which shall include the
following:
(1)
The boundaries of the quarry or other nonmetallic
mining site.
(2)
Topography of the site and all lands within 200 feet
thereof, at intervals no larger than two feet.
(3)
Location and names of all streams, lakes, ponds, roads,
railroads, utility lines and pipelines on or immediately adjacent
to the site.
(4)
Location of all structures.
(5)
Boundaries and elevations of previous excavations
on the site.
(6)
Location and description of mining site boundary stakes
and permanent reference point.
G.
Parties in interest. Names and addresses of all parties
in interest.
H.
Zoning. Zoning of the site and of all properties within
500 feet of the boundaries of the site.
I.
Photographs. Photographs (eight inches by 10 inches)
of the site and its surroundings, including photographs of all potentially
sensitive or important aspects of the site or neighboring properties,
and, if available, an aerial photograph of the site and its surroundings
(usually available from the Southeastern Wisconsin Regional Planning
Commission).
J.
Operations plan. An operations plan, in which all
horizontal and vertical measurements are referenced to a permanent
reference point, consisting of maps, diagrams, narrative documents
and other materials describing and explaining in detail the nature
of the operations, the methods and procedures to be used in mining
the site and in processing and otherwise dealing with the mined materials,
the methods and procedures to be used in eliminating or minimizing
adverse impacts or effects of the proposed operations, and a proposed
timetable for completion of the operations and of the various stages
of the operations, and which shall contain, without limitation, the
following:
(1)
Type and total volume of desirable material to be
extracted, and the estimated annual volume to be extracted, identifying
the assumptions on which such estimate is based; and the type and
volume of waste material to be stripped or extracted.
(2)
Type of mining, processing and transportation equipment
to be used.
(3)
Timetable for the commencement, and to the extent
practical, duration and cessation of the mining operations and, if
seasonal operations are intended, the months during which operations
will be conducted.
(4)
Anticipated hours and days of operation, specifying
differences between various aspects of the operations, if applicable.
(5)
Market area to be served by the operation.
(6)
Means of transporting mined materials from the site
and the primary travel routes to be used.
(7)
Whether haul trucks will be owned by the operator
or others.
(8)
Boring descriptions to the total depth of the proposed
operation, describing each formation in terms of thickness and other
relevant characteristics. Sufficient borings shall be conducted to
describe the type and quality of material to be extracted, to calculate
the amount of desirable material to be mined and the amount of waste
material to be disposed of, and to demonstrate that an adequate supply
of desirable material is located at the site to justify the adverse
impacts of the operation. Borings shall be referenced to a permanent
reference point.
(9)
A detailed description and explanation of all methods
used to control and monitor noise.
(10)
A detailed description and explanation of all
methods used to control and monitor dust and mud tracking.
(11)
A detailed description and explanation of all
methods used to control and monitor ground vibrations.
(12)
A detailed description and explanation of all
methods used to control and monitor airblast.
(13)
A detailed description and explanation of how
the operator proposes to screen the operations from surrounding properties,
streets and highways, including, without limitation, detailed plans
for any proposed berming or landscaping.
(14)
A detailed description and explanation of how
water will be collected, treated and disposed of on the site, and
of all methods used to avoid or control water pollution or sedimentation
and to monitor the results of such controls.
(15)
A detailed description and explanation of how
overburden and other waste materials will be stored, disposed of or
used.
(16)
Observed or estimated depth of groundwater,
together with a description of the location(s) and date(s) of any
observations and the basis for any estimates.
(17)
A detailed description and explanation of how
the operator will avoid a drawdown of groundwater that will affect
nearby wells and of all methods used to monitor the effects of the
operation on the groundwater table.
(18)
A detailed statement of the following:
(a)
The beneficial aspects of the proposed operation.
(b)
The potential adverse impacts of the operation
on humans residing or working in the vicinity of the operation which
cannot be totally eliminated by proposed control measures.
(c)
The potential adverse environmental impacts
of the operation which cannot be totally avoided by proposed control
measures.
(d)
The potential adverse economic impacts of the
operation on neighboring property owners and the Village which cannot
be totally avoided by the proposed control measures.
(19)
A detailed, step-by-step description and explanation
of all aspects of the operations.
(20)
A detailed site plan, drawn to scale, showing
the boundaries of the site, the proposed boundary of the area to be
mined, the proposed location of permanent mining area markers, the
final elevation of the area to be mined, and the locations and dimensions
of proposed berms, haul roads, crushing, washing or other processing
facilities, conveyors, stockpiles, loading areas, scales or other
sales facilities, circulation routes and parking, offices, explosives
storage facilities and all other structures or specific operations
areas.
(21)
With respect to any proposed blasting operations,
a detailed description and explanation of the proposed blasting methodology,
including, without limitation, drilling procedure (and how burden
and depth of holes is measured), benching, the initiation system,
type and sequencing of delays, the explosives used and a full description
of a typical proposed production shot, including the height of the
face, number of holes, size of holes, burden, spacing and maximum
pounds of explosives per delay.
(22)
If explosives are to be used in the operation,
a detailed plan for the storage, handling and use of such explosives.
Any such proposed procedures shall comply with all federal, state
and local regulations.
(23)
Map or diagram and narrative describing in detail
the sequential stages of mining (including any shifts in the location
of activities or facilities) or, if no stages are planned, a detailed
description of how the operator plans to proceed with the mining operation.
The map or diagram shall show the location of all phase boundary stakes.
(24)
A detailed plan showing and describing in detail
erosion control measures to be used during and in connection with
each aspect of the operation. Such plan shall describe, without limitation,
how disturbed surfaces such as stripped areas, haul roads, berms,
waste piles, stored topsoil and stockpiles will be dealt with to prevent
erosion, sedimentation, fugitive dust and pollution of surface and
groundwater, and how the operator proposes to minimize the area of
erodible surfaces exposed at any one time. (In addition to any permit
requirements, temporary stabilization measures may be ordered by the
Village Board or its designees to correct situations which are resulting
in or are likely to result in erosion, sedimentation, fugitive dust
or water pollution that is detrimental to adjoining properties or
to the public health, safety and welfare. Such temporary stabilization
measures may include, without limitation, silt fencing, bale check
dams, sod strips, riprap, hard surfacing with concrete or blacktop,
slope reduction, seeding or sodding, erosion mat placement, mulching
and settling basin construction.)
(25)
A plan describing and explaining in detail the
handling of all water on the site, including, without limitation,
the following:
(a)
Existing and proposed drainage on the site,
showing contours at two-foot intervals.
(b)
The location and dimensions of all settling,
retention or detention ponds, together with calculations demonstrating
that such ponds are of adequate design to eliminate downstream sedimentation,
erosion or water pollution.
(c)
The estimated volume of water to be pumped out
of the operations area, together with the assumptions, observations
and calculations on which such estimate is based.
(26)
A scale map or survey delineating all bodies
of navigable water, all floodplains, all shorelands or shorelands
wetlands zoning areas, all wetlands and all primary environmental
corridor areas on the site.
(27)
A detailed map or diagram and description of
the location, type, height and installation of proposed fencing.
(28)
If customers of the operator will pick up product
at the site, a detailed description of how the operator will deal
with haul trucks that arrive at the site before the site is open in
the morning.
(29)
A detailed description of any highway modifications
or improvements that are required or desirable to accommodate the
anticipated truck traffic, including, for example, acceleration or
turning lanes, traffic signals or reinforced pavement, the estimated
cost of such improvements, and of any other required modifications
of public infrastructure, and whether the operator proposes to pay
for such modifications.
(30)
A detailed traffic study demonstrating that
the anticipated truck traffic can be safely accommodated on the proposed
routes of travel.
(31)
A detailed description and explanation of the
methods by which the operator proposes to determine whether the operation
has damaged or diminished the value of nearby properties, including,
for example, periodic evaluation of structures, wells and market value,
and whether the operator is willing to reimburse persons for such
losses.
(32)
If there are active wells within 1,000 feet
of the quarry site, a hydrogeological study to determine whether and
to what extent the operation is likely to draw down the groundwater
table to an extent that wells will or may be impaired.
(33)
A listing of all federal, state or local permits
or approvals, which are required in connection with any aspect of
the proposed operation.
(34)
A detailed description of all structures or
areas of archeological or historic interest on the site, and a detailed
explanation of how the operation will affect such structures or areas.
(35)
A detailed description of, explanation of the
function of, and architectural renderings of all proposed structures.
(36)
Any other information or materials required
to demonstrate that the proposed operation will result in no significant
loss, harm or damage to neighboring property owners, to the Village
or to the public health, safety and welfare, nor any serious risk
of any such loss, harm or damage.
K.
Reclamation plan. A reclamation plan, in which all
horizontal and vertical measurements shall be referenced to a permanent
reference point, consisting of maps, diagrams, narrative documents
and other materials describing and explaining in detail the proposed
reclamation of the site, the methods and procedures to be used for
reclamation and a timetable for completion of various stages of the
reclamation, and which shall contain, without limitation, the following:
(1)
A detailed description of the topsoil stripping and
separating process, the location of topsoil storage, and the methods
of stabilization and conservation that will be used during storage.
(2)
A detailed reclamation site plan and description of
the site when fully reclaimed, showing topography at two-foot intervals,
drainage patterns, landscaping, structures, any water impoundments
or lakes and the proposed end use(s). To the extent that restoration
will take place in stages, or incrementally, such site plan and description
shall be provided for each appropriate stage.
(3)
The estimated elevation of the water's surface in
any lake or impoundment, referenced to a permanent reference point,
and a detailed explanation for the basis of such estimate.
(4)
Detailed landscaping plans, showing the location,
species and size of the trees, shrubs and other vegetation to be planted
or seeded, and the approximate time frame of such planting or seeding.
(5)
Detailed cross-section diagrams, drawn to scale, showing
at appropriate illustrative locations [which should be indicated on
the reclamation site plan(s)] the reclaimed topographic features,
including, without limitation, elevations, slopes, high wall reductions,
benching, terracing and other stabilization and utilitarian features.
(6)
Detailed topsoil application, seeding and/or sodding
plan, describing the location, methods and thickness of topsoil application,
seed types, seeding rates, and mulching netting and/or other techniques
used to accomplish soil and slope stabilization.
(7)
Detailed plan for the disposal of all structures,
roads and other facilities not incorporated into the final reclamation
plan.
(8)
Estimated cost of reclamation, by phase, with accompanying
supportive estimates and calculations, and the proposed form of any
security documents.
(9)
A detailed description of how potentially dangerous
conditions will be rendered safe and useful, e.g., by reducing sheer
high walls to provide for access to the water, shallow areas suitable
for swimming and fish propagation, climb-out areas, etc.
(10)
To the extent practicable, a timetable for the
commencement, duration, and cessation of reclamation activities, by
stage.
(11)
Any other information or materials required
to demonstrate that the proposed reclamation will result in a safe,
useful and aesthetically pleasing site.
L.
Additional information. The Village Board and its
designees may require the submittal of such additional information
or materials as may be necessary or desirable to determine the nature
and extent of the operations, the potential adverse impacts of such
operations on neighboring property owners and the Village in general,
the appropriate methods to eliminate or mitigate potential adverse
impacts and the appropriateness and effectiveness of the proposed
reclamation.
M.
Waiver of application requirements. The Village Board
may waive any specified information required to be submitted with
the application for a permit, if it is satisfied that such information
is not relevant or is unnecessary to a full and effective evaluation
of the proposed operation and reclamation, or if the cost of producing
certain information is unreasonable in comparison to the usefulness
of the information in the evaluation process. The Village Board's
designees may preliminarily waive any application requirements on
the same grounds, but such a preliminary waiver may be reversed by
the Village Board. In determining whether to waive application requirements,
the Village Board and its designees shall take into account, without
limitation, the nature and extent of the proposed operations, the
surrounding existing and anticipated land uses, and whether and to
what extent the operation preexisted the effective date of this chapter.
It shall be the obligation of the applicant to request in writing
any such waiver. Such request shall set forth the justification for
such waiver.
Upon receipt of a complete permit application,
the Village Clerk shall refer the application to the Village Plan
Commission for its recommendations and schedule a public hearing on
the application before the Village Board. The hearing shall be scheduled
not earlier than 60 days nor more than 90 days after receipt of the
application, but the Village Board, for good cause shown, may order
a modification of this requirement. Notice of the public hearing shall
be published as Class 2 notice in a newspaper of general circulation
within the Village. In addition, notice of the public hearing shall
be mailed to the operator, the owner of the site, and to the last
known address of all owners of real property located within 500 feet
of the boundaries of the site. This requirement of actual notice to
persons other than the operator is precatory, and the failure to mail
or receive such notice shall not invalidate any action taken by the
Village Board. At the hearing, the Village Board shall hear and receive
information or recommendations presented by the Village Plan Commission,
staff, and consultants, information presented by the applicant or
the applicant's authorized agents and consultants, and information
presented by parties in interest and members of the public. If the
Village Board determines that additional time or information is required,
the public hearing may be adjourned or continued from time to time
at the direction of the Board. The applicant shall be given an opportunity
to respond to any adverse information or recommendations.
After the hearing, the Village Board shall either
grant or deny the permit application on the basis of express findings
and conclusions. The Village Board shall condition any permit granted
upon compliance with specified operational and reclamation requirements,
including the minimum requirements of this chapter and the requirements
of all other applicable Village ordinances, except as such requirements
may be appropriately varied by the Board, and the requirements of
all other applicable federal, state, and local statutes, rules, regulations,
ordinances and permits relating to blasting, mining, land use, highway
access, air pollution, water pollution, contamination of the ground,
solid waste disposal, navigable waters, groundwater, wetlands, floodplains,
shorelands and other environmental matters. The Board may impose requirements
which are in addition to or more stringent than the minimum requirements
of this chapter. In granting a permit, the Board shall specify all
aspects of the proposed plan of operations and plan of reclamation
which are not approved. No application shall be granted unless the
Board first finds that the approved operations, as conditioned, will
result in no significant loss, harm or damage to neighboring property
owners, to the Village, or to the public health, safety or welfare,
nor serious risk of any such loss, harm or damage, and that the approved
reclamation will result in a safe, useful and aesthetically pleasing
site. In deciding upon an application regarding an operation that
preexisted the effective date of this chapter, and was active on the
effective date of this chapter, the Village Board shall take into
account the nature, extent, circumstances and past performance of
the operation and shall modify the requirements of this chapter to
the extent necessary to ensure that the permit requirements are reasonable
under the particular circumstances.
Permits shall be granted for an initial term
of two years. Thereafter, permits may be renewed by the Village Board
for terms of not more than five years. In determining the term of
a renewed permit, the Board shall take into account the nature, extent,
stage and prior performance of the operation and the likelihood of
future problems. Any permit issued pursuant to this chapter shall
automatically terminate upon the abandonment of the quarry or other
nonmetallic mining operations.
Applications for the renewal of a permit shall
be filed with the Village Clerk not later than 90 days prior to the
expiration date. Any information or materials required for an initial
permit application shall be supplied with the application for renewal
to the extent that such information or materials were not supplied
with the prior application or to the extent that the previously supplied
information or materials are out of date or no longer accurate and
complete. The applicant for a renewal permit shall certify that any
previously submitted information or materials that are not updated
or resubmitted continues to be accurate and complete. Such an application
shall be processed in the same manner as an initial permit application.
In the event that a timely renewal application is not decided by the
expiration date of the permit, the permit shall be deemed to be extended
to the date of the Board's decision.
In the event that the operator desires to make
any material modification in the permitted operation or reclamation,
the operator shall file with the Village Clerk an application for
an amendment to the permit. Such application shall describe in detail
the proposed modification, explain the effects of the proposed modification,
supplement and update the information and materials submitted with
the prior application and make the certification required for renewal
applications. Such an application shall be processed in the same manner
as an initial permit application.
The applicant shall file with the application
for an initial permit fee in the amount of $3,000, or $50 per acre
for each acre contained in the site, whichever is greater. With any
application for the renewal or amendment of a permit, the applicant
shall file a permit fee of $500, or $10 per acre for each acre contained
in the site, whichever is greater.
As a condition of any permit issued pursuant
to this chapter, the Village Board shall require, and the operator
shall promptly deposit with the Village, an irrevocable letter of
credit, cash, a bond or other security in an amount adequate to secure
the obligation of the operator to restore the site to a safe, useful
and aesthetically pleasing condition, in accordance with the approved
restoration plan, to the extent of the mining operations if the operations
were abandoned during the term of the permit. Any security instrument
shall be in a form satisfactory to the Board and shall be issued by
a person satisfactory to the Board, but the Board's approval shall
not be unreasonably withheld. Any cash deposited with the Village
shall be deposited in a segregated interest-bearing account and shall
be used only for the required restoration. Any security shall be promptly
released or returned to the operator, with any accrued interest, at
the completion of the approved reclamation to the satisfaction of
the Village Board. The termination, expiration, or modification of
a security instrument, in the absence of a renewal or replacement
thereof or the making of other arrangements satisfactory to the Village
Board, shall be grounds for suspension of the operator's permit.
Permits issued under this chapter may be transferred
only with the prior written approval of the Village Board. Such approval
shall not be unreasonably withheld, but the Board shall not approve
any transfer in the absence of satisfactory arrangements regarding
security and the prompt correction of any prior failure to comply
with permit requirements.
The Village Board, after a public hearing assuring the operator of due process, may suspend a permit if it finds that the operator is guilty of a pattern of repeated violations after similar violations have been brought to the attention of the operator, or of violations involving a serious risk of personal injury, substantial property damage or substantial harm to the public health, safety or welfare, or for the reasons set out in § 270-19 of this chapter, and may deny renewal of a permit or revoke a permit if it finds that the operator is guilty of a pattern of repeated violations involving a serious risk of personal injury, substantial property damage or substantial harm to the public health, safety or welfare.
The Village Board may grant variances from the
literal requirements of this chapter, when it is not otherwise expressly
authorized to modify requirements, after a public hearing, if it finds
that:
A.
Because of special conditions, a literal enforcement
of the requirements of this chapter will result in practical difficulties
or unnecessary hardship;
B.
Granting a variance will not result in any significant
loss, harm or damage to neighboring property owners or to the Village;
C.
Granting the variance will not result in a site that
is unsafe, unusable or aesthetically displeasing; and
D.
That the spirit of the chapter will be observed by
the variance, the public health, safety and welfare will be secured
and substantial justice will be done.
