[HISTORY: Adopted by the Village Board of the Village of Theresa 6-3-1996
as Title 7, Ch. 8 of the 1996 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Blasting and rock crushing — See Ch. 122.
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.
The terms used in this chapter shall have the meaning 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:
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 following a flood or natural disaster.
D.
Excavations for building construction purposes.
E.
Any mining operation, the reclamation of which is required
in 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 a nonmetallic mining
reclamation ordinance 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.
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 as prescribed by Chapter 167, Fees, plus any 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.
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 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 area;
(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.
A.
The reclamation plan shall contain adequate provision
that:
(1)
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.
(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)
There is a timetable for completion of various stages of reclamation
of the nonmetallic mining site.
B.
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.
All applications for a permit hereunder shall be made in writing upon
the written form provided by the Village and distributed by the Village Clerk-Treasurer.
All applications for permits hereunder shall be signed by the applicant and
filed with the Village 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 Village Board 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
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.
A.
Before a permit and reclamation plan are approved by
the Village Board, the operator shall submit an agreement and performance
bond or cash escrow agreement to assure the following:[1]
(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 a similar nature.
B.
The Village may elect to have stages of the reclamation
plan performed under the terms of a cash escrow agreement.
C.
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.
D.
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.
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.
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 chapter.
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, canceled, 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.
