(a)

Purpose.

(1)

It is the purpose of the M Non-Metallic Mining Overlay District to establish conditional regulations and performance standards for the extraction, processing, utilization and transport of non-metallic resources and products in such a manner as to ensure maximum protection to surrounding properties and the physical environment through siting of activities and structures, buffering, setbacks, visual screening, height limitations, access routing, and noise, vibration, air quality and water quality controls.

(2)

It is further the purpose of this overlay district to unconditionally require that any excavation or mining activity falling under the jurisdiction of this section abide by the requirements of state department of natural resources Rule NR135 (Wis. Admin. Code ch. NR 135), Non-Metallic Mining Reclamation.

(b)

Extent. This section does not apply to excavations or mining operations of one acre or less, provided slopes do not exceed 3:1, and where only one is present per 40-acre parcel.

(c)

Conditional uses. Mining of non-metallic minerals and the processing for manufacture of materials incidental to such extraction and the erection of buildings and the installation of equipment and machinery may be permitted in non-residential zoned districts in the village provided a conditional use permit has been secured as per the procedures in article V of this chapter. The zoning committee may require any or all of the following development site standards, special regulations, or performance standards or other conditions as the zoning committee may deem necessary (see article V of this chapter) as part of the conditions for granting a conditional use permit:

(1)

Development site standards.

a.

Net lot area. The net lot area requirement shall be determined by the sum of the area to be extracted plus that area required to meet the minimum setback standards, or the area required to meet the performance standards set by this chapter, whichever is greater.

b.

Lot coverage, percent of. Not more than ten percent of the net area of the lot may be covered by buildings, including accessory buildings.

c.

Yards, front, side and rear. All quarries, pits, open mines, processing plants, screening, sorting, storage, stoneworks, stone cutting, stone polishing, loading, batching, mixing, maintenance, service and repair equipment, facilities and structures shall be set back from zone boundaries and lot lines an amount sufficient to achieve the performance standards set in the conditional use permit and in conformance with setbacks established by article IV of this chapter, whichever is greater.

d.

Open space and green area. Not less than 25 percent of the net lot area designated for mineral resource development shall be maintained in open space, including required buffer areas, landscaped or planted berms, forested areas or areas devoted to agriculture.

e.

Exclusion from setback line limitations. Access roads, security patrol roads, railroad sidings, identification, directional and safety warning signs, security fences and acoustical or visual screens, berms or walls may be permitted within the setback area.

(2)

Special regulations. In addition to the requirements in subsection (c)(1) of this section, the following special regulations may apply to mineral resource extraction, processing, utilization and related uses:

a.

Fencing. Quarries, pits, open mines and material stockpiles shall be enclosed by fencing of a design and materials that discourage entry onto the site of such operation.

b.

Degree of slope. Slopes created by mining extraction must have a minimum 2:1 ratio, horizontal to vertical, to minimize cave-in and slump, wind and water erosion, and lateral shifting of the undisturbed ground surface near the mine excavation. For stored ores, gravels, sands, or soils, the minimum slope ratio shall be 1:1. On actively mined faces where a 2:1 ratio for slope is not possible, safety fencing above the slope must be provided.

c.

Parking. Off-street parking shall be provided at a rate of one space per each 1½ employees on the major shift plus one space each business vehicle plus sufficient loading and waiting space.

d.

Screening. Adequate planting and/or fencing shall be provided along all public roads and residential dwellings adjacent to the property involved, sufficient to screen the operation from public view, as reasonably as possible and as approved by the village board in granting a special use.

e.

Hours of operation. In cases where noise, vibration, vehicle traffic, lights, or other intrusions may disrupt surrounding property owners, the zoning committee may require reasonable hours of operation. However, during a public emergency during which sand and/or gravel is needed and upon the order of the director of the county emergency government department, the county sheriff, or the county board chairman, operation may proceed outside of the imposed hours of operation.

(3)

Performance standards.

a.

Visual effects. The line of sight for developed residential property (whether developed prior to or subsequent to the operation of the quarry) to quarries, pits, structures, and stockpiles, loading areas, access roads, and other facilities shall be interrupted so as to reduce to the maximum extent practicable the visual intrusion of surrounding occupied properties not owned or leased by the owner or operator of the area zoned for mineral resource recovery.

b.

Dust. Any operation shall comply with all applicable federal, state, and local air pollution control laws and regulations.

c.

Protect water table. No extractive operation shall be conducted in such a manner as to permanently lower the water table of surrounding inhabited properties.

d.

Topsoil replacement. Graded or backfilled areas or banks in the cases of excavations made to water-producing depth shall be covered with topsoil to a minimum depth of six inches. No greater depth of topsoil or percentage of organic matter in the soil shall be required than originally existing on property prior to the commencement of operation.

e.

Vegetation replacement. Upon replacement of the topsoil, trees, shrubs, legumes, grasses, or groundcover shall be planted upon such area in order to avoid erosion.

f.

Dust-free roads. The operator of the excavation shall maintain all haulage roads used in connection with this operation, whether under their control and ownership, a private road, or that of a municipality, as much as possible in a dust-free condition.

(Ord. of 3-11-1996, § 5.11)