Requirements for uses and structures specified in this article shall apply to such uses and structures, whether permitted by right or permissible by special exception.

(Code 1992, § 17.45)

(a)

Intent. It is the intent of this article to provide for housing options for the extended family and certain specified segments of the population. These regulations are established to permit modification of single-family dwellings to include the accessory dwelling unit to be occupied by no more than two persons who are handicapped, over the age of 60 years old or related to the owner-occupant.

(b)

Mandatory owner occupancy. The owner of the single-family residence must occupy either the principal residence or the accessory residence.

(c)

Nature and scale of accessory unit. An accessory dwelling may be a separate, complete housekeeping unit provided, however, that it is substantially contained within the structure of the single-family dwelling and clearly a subordinate part thereof. Permissible modifications to the structure are a limited extension of the structure to the rear and the creation of a separate entrance at the side or rear. The accessory apartment shall not exceed 600 square feet of floor area or 25 percent of the entire floor area of the dwelling, whichever is greater. Any external modification shall be done with a design and materials similar in appearance to the principal structure such that to the maximum extent possible, the external appearance of the dwelling will remain as a single-family dwelling.

(d)

Dimensional requirements. Maximum lot coverage and maximum height requirements, as well as minimum yard requirements in the RSF single-family residential district, shall be met.

(Code 1992, § 17.46)

It is the intent of this division to permit nonmetallic mining uses in outlying areas with written assurances that later reuse for other permissible uses and structures are possible.

(Ord. No. Z-38-02, § 17.47(1), 10-22-2002)

This article does not apply to the following activities:

(1)

Excavations or grading by a person solely for domestic or farm use at that person's residence or farm.

(2)

Excavations or grading conducted for the construction, reconstructions maintenance or repair of a highway, railroad, airport facility, or any other transportation facility where the excavation or grading is entirely within the property boundaries of the transportation facility.

(3)

Grading conducted for preparing a construction site or restoring land following a flood or natural disaster.

(4)

Excavations for building construction purposes conducted on the building site.

(5)

Nonmetallic mining at nonmetallic mining sites that affect less than one acre of total area over the life of the mine.

(6)

Any mining operation, the reclamation of which is required in a permit obtained under Wis. Stats. ch. 293.

(7)

Any activities required to prepare, operate, or close a solid waste disposal facility under Wis. Stats. ch. 289, or a hazardous waste disposal facility under Wis. Stats. ch. 291, that are conducted on the property where the facility is located, but an applicable nonmetallic mining reclamation ordinance and the standards established in this article apply to activities related to solid waste or hazardous waste disposal that are conducted at a nonmetallic mining site that is not on the property where the solid waste or hazardous waste disposal facility is located, such as activities to obtain nonmetallic minerals to be used for lining, capping, covering, or constructing berms, dikes or roads.

(8)

Dredging for navigational purposes, to construct or maintain farm drainage ditches and for the remediation of environmental contamination and the disposal of spoils from these activities.

(9)

Existing nonmetallic mines.

(Ord. No. Z-38-02, §§ 17.47(1)(a)—(i), 10-22-2002)

A special exception permit is required for all new nonmetallic mining operations. Any changes to an existing mine shall require a permit under this division. Changes in existing mining operations may be, but are not limited to, the addition of a processing and/or manufacturing plant. All mining operations shall adhere to the permit requirements of article V and division 6 of article XII of this chapter.

(Ord. No. Z-38-02, § 17.47(3), 10-22-2002)

Uses or operations shall include the removal primarily for sale or processing of topsoil, fill, sand, gravel, rock or any mineral. Processing may include crushing, washing or refining. Storing or stockpiling of such materials on the site is permissible in designated areas. Other processing operations must be specified as part of the special exception permit. These other processing operations may include, but are not limited to, concrete and/or asphalt manufacturing, and those uses described section 54-497.

(Ord. No. Z-38-02, § 17.47(4), 10-22-2002)

The parcel shall consist of a minimum of five acres with dimensions sufficient to adequately accommodate the proposed uses with minimum adverse affects on adjacent lands. No operations shall be permitted within 100 feet of any exterior boundary of the tract or within 250 feet of any building intended for human occupancy existing at the time of permit application. For operations involving blasting, processing or manufacturing, the Agriculture, Extension Education, Zoning and land Conservation Committee may increase required setbacks as a condition of approval.

(1)

The Agriculture, Extension Education, Zoning and Land Conservation Committee may authorize berm construction and related site preparation as a temporary activity, for a specific time period, to within 25 feet of any exterior boundary of the tract.

(2)

The Agriculture, Extension Education, Zoning and Land Conservation Committee may authorize a reduction in the 100 feet by 50 feet setback requirement where the extraction will not go below either the grade of the adjacent road or the adjoining property line, and where no blasting is required. In applying the provisions of this section, the Agriculture, Extension Education, Zoning and Land Conservation Committee may reduce the setbacks as deemed appropriate, and may apply other operations requirements necessary to offset any effect of the reduced setback.

(Ord. No. Z-38-02, § 17.47(4), 10-22-2002)

Location shall be appropriate to existing development and development which may reasonably be expected within the time period specified herein for permits. The site shall be so located as to make it unnecessary to conduct trucking operations on any platted street in a residential subdivision.

(Ord. No. Z-38-02, § 17.47(4), 10-22-2002)

Each application for a special exception shall be accompanied by a plan of operation for the site. The following information shall be provided when applicable to the mining operation:

(1)

Statement of ownership of the parcel and control of the operations.

(2)

A site plan, drawn to scale, showing the lateral extent of the area to be excavated, and the existing excavated area.

(3)

Location, width and grade of all easements or right-of-ways on or abutting the parcel.

(4)

Existing topography by four-foot contour intervals, existing watercourses and drainage ways, existing vegetation and soils, estimated depth to groundwater and existing buildings or structures. Depths to groundwater may be determined by use of information from on-site or off-site water-supply wells completed in the shallow aquifer that are within 1,000 feet of the operation, and from water levels in nearby lakes or stream.

(5)

Cross-sections showing extent of sand or gravel deposits and the water table.

(6)

Estimated type and volume of excavation, method of extracting and processing and the sequence of operations.

(7)

Proposed equipment and proposed locations of equipment, proposed areas for ponding, proposed drainage modifications, proposed processing and storage areas, proposed interior roads and ingress and egress to the site and proposed areas for the deposition of overburden or topsoil.

(8)

Provisions of Wis. Admin. Code chs. NR 415, 429, and 216, regarding air quality emissions and erosion control standards shall be administered by the state department of natural resources. Provisions of Wis. Admin. Code ch. COMM 7 et seq., regarding blasting shall be administered by the State Department of Commerce.

(9)

Roads, machinery and equipment shall be located, constructed and used in such a manner as to minimize noise, dust, and vibrations.

(10)

Drilling hours shall be 6:00 a.m. to 6:00 p.m., Monday through Friday, and 7:00 a.m. to 12:00 noon on Saturday. Blasting hours shall be 7:00 a.m. to 5:00 p.m., Monday through Friday. Operation hours shall be 6:00 a.m. to 7:00 p.m., Monday through Friday and 6:00 a.m. to 2:00 p.m. on Saturday. The agriculture, Extension Education, Zoning and Land Conservation Committee may authorize specific activities beyond these times for limited or temporary periods taking into account the proximity and nature of adjoining uses.

(11)

A qualified person shall conduct a hydrologic study of the site if the mining activity will occur below the groundwater level. The study should characterize proposed dewatering effects on on-site and adjacent property water levels (groundwater quantity) and assess the potential of mining and associated dewatering to reach an arsenic rich horizon (the base of the Platteville Formation or the top of the St. Peter sandstone are statigraphic horizons that often contain high levels of arsenic). If the proposed excavation includes the base of the Platteville Formation or the St. Peter sandstone, quarry operators shall design a water level monitoring plan that ensures this formation is not dewatered beyond 100 feet of the excavation. On-site water supply wells or nearby private wells completed in the uppermost aquifer may also be used for monitoring purposes. Water levels should be measured in these wells on a quarterly basis for at least three years, and annually thereafter, in order to understand natural seasonal variation in water levels and to be able to differentiate the effects of natural variation from those related to quarry operations. Testing for arsenic in wells and dewatering discharge water is required if the mining or dewatering effects an arsenic-rich horizon.

(12)

Groundwater well guarantee. Mining operations will not adversely affect the quantity or quality of groundwater at off-site properties. If mining operations adversely affect an off-site water-supply well, the operator will repair or replace the well to provide the same quantity of groundwater obtained from the well prior to the mining operations. This guarantee applies to all existing wells located within 1,320 feet of the nonmetallic mine. The mining operator shall make a reasonable effort to measure the water levels in these wells prior to beginning quarry operations, so that property owners and operators will have a record of baseline conditions if a dispute arises.

a.

Any eligible owner claiming an adverse effect on groundwater supply shall provide written notice to the operator and the county explaining the nature and the extent of the problem. The operator will investigate the claim within seven days of receiving written notice from the owner. The operator may, in its discretion, retain any experts it deems necessary and appropriate to investigate the claim. Within 30 days of written notice to the operator, the operator will make a written determination as to whether the groundwater problem was caused by its operations, and, if so caused, the amount of compensation to be provided to the owner. The operator will file its written determination with the County Zoning Administrator. The owner shall have seven days to accept the determination of the operator and any specific amount of compensation.

b.

If the owner does not accept the operator's determination, he shall notify the operator of his disagreement in writing within seven days of receipt of the operator's determination. The owner may retain any experts he deems necessary and appropriate to investigate the claim. The owner shall, within 30 days of his election not to accept the operator's determination, make a written determination as to whether the groundwater problem was caused by the operator's operations, and, if so caused, the amount of compensation to be provided to the owner. The owner shall file its written determination with the County Zoning Administrator. The Agriculture, Extension Education, Zoning and Land Conservation Committee shall review the materials submitted by the operator and property owner. The committee may require that the parties attend a meeting to further explain their positions. The ommittee will, thereafter, deliberate and render a decision within 30 days of its deliberation or submission of owner's written determination, whichever is later.

(13)

The operator must notify the town chair prior to conducting any blasting activity for the nonmetallic mine. The operator must establish an additional notification list of property owners within 1,320 feet of the operation. The operator must inform the town and surrounding property owners when the blasters are in the area and give a timeframe in which they will be there. This contact shall occur no less than 24 hours before they begin.

(Ord. No. Z-38-02, § 17.47(4), 10-22-2002)

Article II of chapter 38, pertaining to nonmetallic mining, must be followed. The East Central Wisconsin Regional Planning Commission (ECWRPC) administers the ordinance. This article shall apply to all nonmetallic mining operation activities taking place after August 1, 2001. Approval of a reclamation plan and issuance of a reclamation permit must be received and placed on file with the county prior to the commencement of extraction activities. This will be a condition placed on all new extraction sites.

(Ord. No. Z-38-02, § 17.47(4), 10-22-2002)

No special exception permit shall be issued for a period exceeding ten years. Upon expiration, the applicant may request and receive extensions for five-year periods, unless changing conditions indicate the extension will be detrimental to the public health, safety, and welfare. The Agriculture, Extension Education, Zoning and Land Conservation Committee shall hold a public hearing prior to issuing the extension. An extension shall require the submission of a new plan if extended or enlarged. If such extension is denied, the applicant shall complete the restoration within the time period allowed by the reclamation permit according to Wis. Admin. Code ch. NR 135.

(Ord. No. Z-38-02, § 17.47(4), 10-22-2002)

(a)

Operational standards. Following approval of a permit for nonmetallic mining the operator shall file a financial guarantee with the county. The financial assurance shall provide that the operator shall faithfully comply with all applicable operational standards contained in this division. The financial assurance shall be sufficient to cover the costs of implementing the standards in its entirety. The financial assurance shall not be less than $100.00 per acre.

(b)

Private wells. Following approval of a permit for nonmetallic mining, any operator subject to the requirements of subsections 54-493(11) and (12) shall file a financial assurance with the county to provide that the operator will faithfully comply with the private well replacement requirement in subsection 54-493(12). The amount of financial assurance shall not be less than $3,000.00 per private well.

(c)

Form and management. Financial assurance shall be provided by the operator and shall consist of a bond or an alternate financial assurance. Financial assurance shall be payable to the county and released upon termination of operations. Alternate financial assurances may include, but are not limited to, cash, certificates of deposits, irrevocable letters of credit, irrevocable trusts, established escrow accounts, demonstration of financial responsibility by meeting net worth requirements, or government securities. Any interest from the financial assurances shall be paid to the operator. Certificates of deposits shall be automatically renewed or other assurances shall be provided before the maturity date. Financial assurance arrangements may include, at the discretion of the county, a blend of different options for financial assurance including a lien on the property on which the nonmetallic mining site is located or a combination of financial assurance methods.

(Ord. No. Z-38-02, § 17.47(4), 10-22-2002)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Existing nonmetallic mine means a nonmetallic mine where nonmetallic mining existed prior to the effective date of adoption of the ordinance from which this division is derived (July 5, 1989), including any contiguous parcels purchased, owned, or leased by the same operator before the effective date of the ordinance from which this division is derived.

Financial assurance means a commitment of funds or resources by an operator sufficient to pay for remediation activities required by this division.

Nonmetallic mineral means a product, commodity or material consisting principally of naturally occurring, organic or inorganic, nonmetallic, nonrenewable material. Nonmetallic minerals include, but are not limited to, stone, sand, gravel asbestos, beryl, diamond, clay, coal, feldspar, peat, talc, and topsoil.

Nonmetallic mining ormining means:

(1)

Operations of activities at a nonmetallic mining site for the extraction from the earth of mineral aggregates or nonmetallic minerals for sale or use by the operator. Nonmetallic mining includes use of mining equipment or techniques to remove materials from the in-place nonmetallic mineral deposit, including drilling and blasting, as well as associated activities such as topsoil removal, excavation, grading and dredging. Nonmetallic mining does not include removal from the earth of products or commodities that contain only minor or incidental amounts of nonmetallic minerals, such as commercial sod, agricultural crops, ornamental or garden plants, forest products, Christmas trees or plant nursery stock.

(2)

Processes carried out at a nonmetallic mining site that are related to the preparation or processing of the mineral aggregates or nonmetallic minerals obtained from the same nonmetallic mining site. These processes include, but are not limited to, stockpiling of materials, blending mineral aggregates or nonmetallic minerals with other mineral aggregates or nonmetallic minerals, blasting, grading, crushing, screening, scalping, pulverizing, and dewatering.

Nonmetallic mining reclamation means the rehabilitation of a nonmetallic mining site to achieve a land use specified in a nonmetallic mining reclamation plan, including removal of reuse of nonmetallic mining refuse, grading of the nonmetallic mining site, removal, storage, and replacement of topsoil, stabilization of soil conditions, reestablishment of vegetative cover, control of surface water and groundwater, prevention of environmental pollution and, if practicable, the restoration of plant, fish, and wildlife habitat.

Nonmetallic mining refuse means waste, soil, rock and mineral, as well as other natural site material resulting from nonmetallic mining. The term "nonmetallic mining refuse" does not include marketable byproducts resulting directly from or displaced by the nonmetallic mining that are scheduled to be removed from the nonmetallic mining site within a reasonable period of time after extraction.

Nonmetallic mining site means all contiguous areas of present or proposed mining described in this section in subsection (1) of the definition for the term "nonmetallic mining," subject to the qualifications in subsection (2) of this section in the definition for the term "nonmetallic mining."

(1)

The term "nonmetallic mining site" includes the following:

a.

The location where the nonmetallic mining is proposed or conducted.

b.

Storage and processing areas that are in or contiguous to areas excavated for nonmetallic mining.

c.

Areas where nonmetallic mining refuse is deposited.

d.

Areas affected by activities such as the construction or improvement of private roads or haulage ways for nonmetallic mining.

e.

Areas where grading or regrading is necessary.

f.

Areas where nonmetallic mining reclamation activities are carried out or structures needed for nonmetallic mining reclamation, such as topsoil stockpile areas, renegotiation test plots, or channels for surface water diversion are located.

(2)

The term "nonmetallic mine site" does not include any of the following areas:

a.

Those portions of sites listed in this section in subsection (1) of the definition for the term "nonmetallic mining," not used for nonmetallic mining purposes related to nonmetallic mining after August 1, 2001.

b.

Separate, previously mined areas that are not used for nonmetallic mineral extraction after August 1, 2002, are not contiguous to mine sites, including separate areas that are connected to active mine sites by public or private roads.

c.

Areas previously mined but used after August 1, 2001, or a nonmining activity, such as stockpiles of materials used for an industrial process unrelated to nonmetallic mining.

Operator means any person who is engaged in, or who has applied for a permit to engage in, nonmetallic mining, whether individually, jointly or through subsidiaries, agents, employees, contractors or subcontractors.

Qualified person means a person who is registered as a professional geologist or professional hydrologist pursuant to Wis. Stats. ch. 470.

Registered professional engineer means a person who is registered as a professional engineer pursuant to Wis. Stats. §§ 443.04 and 443.09.

(Ord. No. Z-38-02, § 17.47(11), 10-22-2002)