GOVERNMENTAL BODY:    WAUPACA COUNTY IMPLEMENTATION STEERING COMMITTEE MEETING

DATE:                                         WEDNESDAY, JULY 17, 2013

PLACE:                                       ROOM 1068, COURTHOUSE

                                                      811 HARDING ST., WAUPACA, WI

TIME:                                          6:00 P.M.

          MEETING MINUTES

OPEN SESSION

1. Call Meeting To Order

Chair Dennis Kussmann called the meeting to order at 6:04 p.m. 

2. Roll Call

Implementation Steering Committee Members Present:  Penny Leder (Town of Bear Creek), Patricia Craig (County Board), Kay Ellis (Town of Dayton), Jane Haasch (Town of Dayton), Evan Abrahamson (in place of Michael Orr - Town of Waupaca), DuWayne Federwitz (County Board/Town of Matteson), Marvin Schneider (Town of Caledonia), Jackie Beyer (Town of Little Wolf), Terry Murphy (County Board) and Dennis Kussmann (County Board).

Implementation Steering Committee Members Excused:  Art Richardson (Town of Lind), Steve Frings (Town of Farmington), Stefan Shoup (Town of Wyoming), Douglas Behnke (Town of Bear Creek), Gary Marx (Town of Scandinavia) and Michael Koles (University of Wisconsin-Extension – Mike has resigned from the Committee).

Others Present:  John Penney (County Board) and Robert Ellis (County Board).

Staff Present:  Ryan Brown, Jean Gliniecki, Jason Snyder and Jeff Henneman.

3. Chair Kussmann read the Open Meeting Statement, “This meeting and all other meetings of this committee are open to the public.  Proper notice has been posted and given to the press in accordance with Wisconsin Statutes, so the citizenry may be aware of the time, place and agenda of this meeting.”

4. Approve Agenda As Presented

Jackie Beyer motioned to approve the agenda.  The motion was seconded by Bob Ellis.  Motion carried unanimously.

5. Approve the Minutes from the June 12, 2013 Implementation Steering Committee Meeting.

There were a few minor changes to the minutes:

Sec. 6.05(7)(a) in the Zoning Ordinance – Change the word from “greater” to “less”

a. If proposed to be constructed in advance of the principal building (dwelling) on the same lot, the structure shall be sited with relation to appropriate locations for a future dwelling, private well, and on-site waste treatment system, and driveway.  A Conditional Use Permit is required in Sewered Residential zones (SR) with design standards being 5 % of the lot or 750 square feet, whichever is less greater, and having a maximum height of 25 feet.

Sec. 8.07(3) in the Subdivision Ordinance – Added the word “for” back into the sentence

Access.  For access servicing one (1) to four (4) lots, eEvery lot shall front or abut on a public road for a distance of at least sixty-six (66) thirty-three (33) feet owned or by easement, except lots located on a curved street or cul-de-sac which shall front or abut on a road for a distance of at least thirty (30) feet.

Sec. 8.07(3)(a) in the Subdivision Ordinance – changed the sentence back to “principal structure” and took out “lot”

At the creation of the third lot principal structure, the road is required to be named and a road sign erected in accordance with Town standards and E-911 County addressing provisions.

Sec. 8.07(5) in the Subdivision Ordinance – added the words “by certified survey map”

Maximum Lot Sizes shall only pertain to the parcel(s) being created by certified survey map and does not include the remnant parcel. In the event of combining parcels, maximum lot size shall not apply.   Maximum lot sizes are defined through Town developed overlays which are referenced in Section 87.02 in the Waupaca County Zoning Ordinance.

Sec. 3.02(4)(c) in the Subdivision Ordinance – took out the words “sizes or above the

Maximum”

(c)   Sale or Exchange of parcels of land between owners of adjoining property if additional lots are

not thereby created.  A preliminary site plan including distances and acreages must be approved by the

Planning & Zoning Director for such exchanges for the purpose of verifying that additional lots are not

thereby created and that the resultant lots are not reduced below the minimum sizes or above the

maximum lot sizes required by these regulations, the County Zoning Ordinance, or other applicable

laws or ordinances.

In the Shoreland Ordinance there were some minor punctuation changes.

Patricia Craig motioned to approve the minutes as amended.  The motion was seconded by Jackie Beyer.  Motion was carried unanimously

6. Public Comment

The following people had comments concerning sand mines:  Kelly Hamilton, Angela Williamson-Emmert and Tania Wadzinski.

7. The Committee reviewed the proposed amendments to the Non-Metallic Mineral Extraction.

(a) Nonmetallic Mining. The following requirements shall apply:

(1) Purpose.  The purpose of these regulations is to promote public health, safety, and general welfare and to protect the quality of life; protect the demand for and economical extraction of nonmetallic minerals; permit the development and utilization of nonmetallic mineral resources in a manner compatible with neighboring land uses; preserve environmentally sensitive areas, such as navigable waterways, avoid the degradation of existing private and public water supplies; and, to minimize potential adverse environmental impacts of nonmetallic mining operations through the use of best management practices.  These regulations are to be used in concert with Chapter 43 of the Waupaca County General Code of Ordinances (the Waupaca County Nonmetallic Mining Reclamation Ordinance).

Jane Haasch suggested adding the above highlighted portion.  The Committee agreed.

(2) Exemptions.  Provisions of this land use do not apply to the following activities:

1. Excavations or grading by a person solely for domestic use at his or her residence or place of business.

2. Excavations or grading conducted for highway construction purposes within the highway right-of-way, or adjacent lands subject to construction easements or access agreements.

3. Grading conducted for farming, repairing a construction site, or restoring land following a flood or natural disaster.

4. Excavations for building construction purposes.

5. Any non-metallic mining operation where reclamation is required and a permit obtained under Chapter 293 of the Wisconsin State Statutes.

6. A mining site or portion of a site that is under a permit and under reclamation requirements of the Department of Natural Resources under Sections 30.19, 30.195 and 30.20 of the Wisconsin State Statutes.

7. Any activities conducted at a solid or hazardous waste disposal site required to prepare, operate, or close a solid waste disposal facility under Chapter 289 of the Wisconsin State Statutes or a hazardous waste disposal facility under Chapter 291 of the Wisconsin State Statutes, but these provisions do apply to activities to obtain nonmetallic minerals to be used for lining, capping, covering or the construction of berms, dikes or roads.

The Committee decided to take the word “exemptions” out of the above section.  Also, the Committee

wanted the Planning & Zoning Office check Chapter 295 of the Wisconsin State Statutes in (2)(5)

above.

(3) Application. In addition to the application requirements of Sec. 6.02 & 14.05, Conditional Use Permits, (Waupaca County Zoning Ordinance) all applications for a proposed nonmetallic mining operation shall include the following information, except that the Planning and Zoning Director may waive portions of the specified information upon finding that, because of the nature or method of the operation, such information is not relevant or is unnecessary to a full and proper evaluation of the application:

A.        General Information.

1. The name and mailing address of the property owner(s), and operator, if different from the owner.  If the applicant is a corporation, partnership, limited liability company or limited liability partnership, the application shall include the exact name of the business entity; the date of incorporation, registration or organization; the state in which the entity was incorporated, registered or organized; and the name, address and phone number of the designated contact person for the applicant.

2. The name, address and phone number of an individual who is responsible for the daily operation and maintenance of the site and who will serve as the primary contact person for the County.

3. A signed statement that the applicant, owner or operator, if different, is familiar and will be in compliance with the provisions of this section, including the responsibility to pay the required fees and any possible citations, if imposed for a violation, for the administration and effective enforcement of this section.

B.        Site Plan. A site plan, drawn at a scale of one (1)” = two hundred (200),’ or whatever scale is necessary in increments of one hundred (100) which produces a clearly legible drawing, which shall include the following:

1.         North point, scale, and date.

2.         Property boundaries of the operators owned and/or leased land.

3.         Location and boundaries of the nonmetallic mining site, including extent of the area to be excavated, related storage, stockpiling and processing areas, the progression of all activities throughout the duration of the permitted activity, and areas where nonmetallic mining refuse is to be deposited.  The plan shall include the areas proposed for operation as a result of the application, and, any known future areas of operation to be subject of a separate, future application, as well as any areas not subject to this chapter, due to being a legal nonconforming use or being covered by a conditional use permit issued prior to the effective date of this chapter.

4. Location of all access points, roads, rights-of-way, and utility easements on or abutting the property.

5. Location of all structures within five hundred (500) feet of the mining site.

The Committee agreed with all of the above sections.

6. Location and direction of flow of both ground and surface water on or within 300 five hundred (500) feet of the mining site, and, the disposition of both ground and surface water.  Said location and direction to be portrayed graphically.  Maps shall be prepared by a qualified professional engineer, geologist or hydrogeologist.

The Committee decided to make the above change to 500 feet.

7. Benchmarks, if needed for the contour maps.

8. A topographic map, with a contour interval of not more than 4 feet, of the proposed mining site and the area within 300 five hundred (500) feet of the mining site. The site plan shall specify the reference elevation, such as mean seal level, an on-site benchmark or other commonly accepted references. 

The Committee decided to make the above change to 500 feet and to delete the “l” out of “seal” to make it “sea”.

9. Areas to be used for drainage and erosion control management or sedimentation ponds, if any.

10. Proposed parking areas, signs, and fencing, including a description of the purpose of the fencing.

11. Typical cross section of the site showing the water table.

12. All wetlands on the property shall be staked in the field and identified on the site plan by a qualified wetland delineator.

The Committee agreed with the above sections.

C.        Operation Plan. An operation plan, which shall include a description of the proposed nonmetallic mining operation and methods and procedures to be used in mining the site. The operation plan shall also include the following:

The Committee took out the word “which”.

1. A legal description and general location map of the tracts of land involved.  If property lines are vague or disputed, the property shall be surveyed and marked so all property lines are clearly identified. Such survey shall be initiated and paid for by the applicant, owner or operator, if different.

2. The approximate date of the commencement of the operation.

3. Type of mining, processing, and transportation equipment to be used.

4. Estimated type and amount of materials to be extracted.

5. Roads and drives to be used on site, including all points of ingress and egress, and, all primary transportation routes to transport material to State or Federal highways. Access to roads shall not be approved unless written consent is provided by the local jurisdiction.  The Planning and Zoning Committee may establish as a condition, but shall not be a party to, road repair agreements between the local jurisdiction and the applicant.

6. Estimated number of truckloads per day, and estimated weight of material per truckload. 

7. Operational measure to be taken to minimize noise, dust, air contaminants, light pollution and vibrations.

The Committee agreed with the above sections and to continue on with number 8 at the next meeting.  The Committee also would like all the numbers written out with words and numbers behind the words.  Once the revisions have been completed, the office will change all of the numbers to read that way. 

The Committee decided to meet again on Wednesday, August 21, 2013 at 6:00 p.m. to continue their review of the Non-Metallic Mining Ordinance.

8. Adjourn

At 8:07 p.m., Patricia Craig motioned to adjourn the meeting.  The motion was seconded by DuWayne Federwitz .  Motion carried unanimously.