[HISTORY: Adopted by the Village Board of
the Village of Siren 1-8-1988 as Secs. 7-11-1 to 7-11-6 of the 1988 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Blasting and rock crushing — See Ch. 217.
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
meanings 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 this chapter may apply to activities related to solid or hazardous
waste disposal which are conducted at a nonmetallic 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 set by the Village Board, 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.
C.
Action on application. 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.[1]
The reclamation plan shall contain adequate provision that:
A.
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.
B.
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.
C.
Excavations made to a water-producing depth shall
be not less than three feet measured from the low-water mark.
D.
All final slopes shall be covered with adequate topsoil
and seeded to prevent erosion.
E.
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.
F.
There is a timetable for completion of various stages
of reclamation of the nonmetallic mining site.
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 completed 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.
The Director of Public Works shall be responsible for the enforcement
of this chapter.
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.