Ordinance Amendment # 26 2013-2014

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Dane County Zoning Ordinance Amendment A26, 2013-14 Questions & Answers Regarding Nonconforming Mineral Extraction Operations Q: Does this mean that my neighbor is proposing to start a quarry operation? No. The reason you are receiving this notice is to inform you of a proposed change to the Dane County zoning ordinance that would require a conditional use permit to be obtained before any quarrying operations could begin on the neighboring property shown on the enclosed map. Under the existing ordinance, a quant' could start operating at the site with county administrative review and approval of a reclamation plan and permit. Reclamation plans address post -mining site conditions. While reclamation plans are available to examine upon request; they do not undergo a public review and hearing process, nor do they address common concerns regarding actual quarry operations (hours of operation, haul routes, safety .fencing, aesthetic screening, etc). Q: Are there other regulations that apply to nonconforming mineral extraction sites? Yes. There are local, state, and federal regulations that apply to mining operations at nonconforming mineral extraction sites. For example, federal Mine Safety and Health Administration regulations pertaining to worker and equipment safety, state of Wisconsin Department of Safety and Professional Services regulations regarding use of explosives and blasting, and local county regulations regarding reclamation standards all apply to nonconforming mineral extraction operations. In addition, some towns have adopted _ ordinances under their police powers that can address issues like hours of operation, place and manner of blasting or crushing, requiring designated haul routes, and restricting noise generation. At the present time, most towns do not yet have such ordinances in place. Dane County would not be party to the enforcement of a town -level ordinance. Q: Would the proposed county ordinance change result in more regulation of inactive nonconforming sites? Yes. If adopted, long inactive nonconforming mineral extraction sites would lose their nonconforming status. This means that any future mineral extraction operations at these sites would require town and county zoning, committee approval of a conditional use permit. Conditional use permits applications are subject to a county public hearing process which provides an opportunity for neighboring property owners to outline any concerns they may have. Conditional uses must satisfy certain. standards listed in the ordinance and can be subject to conditions designed to mitigate impacts associated with the use. There is also an appeal procedure through the county board for any person aggrieved by the decision (approval or denial) of the town board or zoning committee. Q: Are conditional use permits required for new quarry operations at other sites? Yes. Only registered nonconforming mineral extraction sites are exempt from obtaining a conditional use permit. At all other sites, any proposed new mineral extraction operation requires -approval of a conditional use permit.