[HISTORY: Adopted by the Village Board of the Village of
Brandon 12-14-1998 as §§ 7-8-1 to 7-8-6 of the 1998 Code. Amendments
noted where applicable.]
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 definitions in § 295.11, Wis. Stats., shall apply
in this chapter.
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 activities in § 295.16(4),
Wis. Stats.
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.[1]
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.
Reclamation plan. 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)
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 permit 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 permit period. The Village Clerk 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.[2]
E.
Financial assurance.
(1)
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:[3]
(a)
The operator shall pay for the cost of all improvements required
in the reclamation plan by the Village Board.
(b)
Guaranteed completion of the required reclamation within a period
determined by the Village Board.
(c)
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.
(2)
The Village may elect to have stages of the reclamation plan performed
under the terms of a cash escrow agreement.
(3)
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.
(4)
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 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.
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 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.
