Chapter 5.15
MINERAL EXCAVATING AND EXTRACTING
Sections:
5.15.030 Application for permit.
5.15.040 Additional costs and sureties.
5.15.050 Duration of permit – Annual fee.
5.15.070 Existing operations permit.
5.15.090 Construction – Other powers reserved.
5.15.010 Purpose.
The purpose of this chapter is to promote the public health, safety, convenience, and general welfare; to encourage planned and orderly land use development; to protect property values and the property tax base; to encourage uses of land and other natural resources which are in accordance with their character and adoptability; to conserve soil, water, and forest resources; to protect the beauty and amenities of landscape and manmade developments; to provide healthy surroundings for family life; and to promote the efficient and economical use of public funds. (2008 code § 8.03(1))
5.15.020 Permit.
Any individual, group, association, corporation, or other entity conducting or planning to conduct any operation involving or relating to the removal of rock, slate, gravel, sand, topsoil, or any minerals from the earth by excavating, stripping, or leveling, including washing, refining, or processing, of rock, slate, gravel, sand, or minerals, processing of topsoil, mixing of asphalt and aggregate or ready mix plant if incidental to the improvement of highways or street, manufacture of concrete products and erection of buildings thereof, shall, before conducting such operation, activity, or business, obtain a valid permit from the Town Board. (2008 code § 8.03(2))
5.15.030 Application for permit.
The application for permit shall be made to the Town Clerk and shall be accompanied by the following:
1. The name and address of the property owner or long-term lessee, either of whom shall be directly responsible in the extracting or removal of the mineral, gravel, sand, rock, slate, or topsoil.
2. An application fee of $250.00.
3. An operation plan consisting of the following:
a. A plat or survey of the proposed site and an adequate description of the operational methods;
b. A list of equipment, machinery, and structures to be used;
c. The source, quantity, and disposition of water to be used;
d. The depth of the ground water table at the subject site;
e. A topographical map of the site showing existing contours with a minimum vertical contour interval of two feet;
f. The location of trees;
g. Proposed and existing access to roads;
h. The depth of all existing and proposed excavations;
i. Estimated cubic yardage of tonnage to be removed from the site;
j. Location of the stockpiling of materials;
k. Measures taken to prevent wind erosion;
l. Maximum side slopes of exterior face while operation is in progress;
m. Maximum exterior side slopes of site after abandonment of operation.
4. A restoration plan consisting of the following:
a. Proposed contours after filling or restoration;
b. Depth of the restored topsoil;
c. Type of fill;
d. Planting or reforestation;
e. Restoration commencement and completion dates. (2008 code § 8.03(3))
5.15.040 Additional costs and sureties.
The applicant shall furnish the necessary fees to provide for the Town’s inspection and administration costs. The applicant and/or owner of the land from which the mineral, gravel, sand, rock, slate or topsoil is being removed or extracted shall furnish the necessary sureties, as determined by the Town Board, which will enable the Town to perform the planned restoration of the site in event of default by the applicant. The amount of such sureties shall be based upon cost estimates prepared by the Town Engineer, and the form and type of such sureties shall be determined by the Town Board. (2008 code § 8.03(4))
5.15.050 Duration of permit – Annual fee.
The Board may impose a limit on the time during which such permit is valid which shall be not less than one year. The Board may waive up to, but not exceeding, $225.00 of the annual fee for each subsequent year of operation. The criteria for such waiver shall include, but not be limited to, whether there has been substantial change in operation such that a hearing would be required. Such fee, as determined by the Board, shall be paid at the beginning of the year. Reapplication for a subsequent permit may be made prior to the expiration of the initial permit, pursuant to the provisions of this chapter. (2008 code § 8.03(5))
5.15.060 Notice – Hearing.
Notice of the application for permit shall be published for at least three consecutive weeks in the East Troy News or other publication of general Town-wide circulation, before the Town Board may issue such permit. Written notice shall also be given to all landowners and tenants adjacent to the proposed site by mailing of said notice with return receipt requested. A listing of those mailings and the return receipts shall be filed with the Town Clerk. Upon receipt by the Town Clerk prior to the issuance of a permit of a duly executed petition signed by at least 50 residents of the Town, the Board shall convene and conduct an open public hearing within 60 days upon the application for permit before such permit shall issue. Notice of such public hearing shall be conducted in the same manner as above. (2008 code § 8.03(6))
5.15.070 Existing operations permit.
Within 60 days after the adoption of the ordinance codified in this chapter, all existing operations as defined in ETMC 5.15.020 shall be required to register with the Town Clerk, submitting pertinent data relative to the present operation, including the boundaries of the actual operation and ownership. A permit shall be granted to such existing operations subject to compliance with the requirements of this chapter where they can be conditionally applied under existing conditions. Any such operation which does not conform within 60 days shall cease operation or be penalized pursuant to ETMC 5.15.100. Upon adoption of the ordinance codified in this chapter, written notice of this chapter shall be mailed with receipt requested to all persons conducting existing operations as defined in ETMC 5.15.020. (2008 code § 8.03(7))
5.15.080 Validity of permit.
Any permit obtained, not pursuant to this chapter by duress, deceit, misrepresentation, or fraud upon the part of the applicant or his agent shall be invalid and of no force or effect whatsoever. The Town Board shall have final authority to determine under what conditions or circumstances such permit was issued. (2008 code § 8.03(8))
5.15.090 Construction – Other powers reserved.
The provisions of this chapter shall be liberally construed to effectuate the purposes of this chapter and any provisions of this chapter subsequently declared to be invalid shall not act to invalidate any other provisions, levels, access road, fencing, site location, hours of operation, or any other matter to effectuate the purposes and provisions of this chapter. (2008 code § 8.03(9))
5.15.100 Enforcement.
1. Any individual, group, association, corporation, or other entity, conducting any operation, activity, or business as defined in ETMC 5.15.020, without first obtaining a valid permit as defined in ETMC 5.15.080, shall forfeit $500.00. Every day in which such activities or operations are conducted without a valid permit shall constitute a separate offense.
2. Any individual, group, association, corporation, or other entity, granted a valid permit under the provisions of this chapter, that fails to fully comply with the restoration plan, as approved by the Town Board, shall forfeit $500.00.
3. Each day that a violation continues shall be deemed and constitute a separate offense. (2008 code § 8.03(10))