CCR2001102COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #102-2001
RESOLUTION TO ESTABLISH FEES
(Nonmetallic Mining Reclamation)
WHEREAS, The Municipal Code of the City of Muskego provides that fees for various
services may be established by Resolution of the Common Council; and
WHEREAS, The Finance Committee has recommended that an initial permit application
fee of $500 be established for reclamation plan review before the Plan Commission,
and
WHEREAS, The Finance Committee has recommended that an annual review /
administration fees be established as outlined in the following table for the costs of
examination and approval of nonmetallic mining reclamation plans and the inspection of
nonmetallic mining reclamation sites:
Site Size In Unreclaimed Acres, Annual Fee
Rounded To The Nearest Whole Acre
1 to 5 acres, does not include $450
mines c 1 acre
6 to 10 acres
$1,100 26 to 50 acres
$1,000 16 to 25 acres
$750 11 to 15 acres
$600
51 acres or larger $1,250 e
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby establish
an initial permit application fee for permits applied for under §38.03(1)(c) of $500 and no
fee for permits applied for under §38.03(1)(b) for reclamation plan review before the
Plan Commission, and annual reviewladministration fees be established as outlined in
the in the above table.
DATED THIS 22nd DAY OF w, 2001
SPONSORED BY:
FINANCE COMMITTEE
Ald. Mark Slocomb
Ald. David Sanders
Ald. Nancy Salentine
This is to certifv that this is a true and accurate CODY of Resolution #102-2001 which 0. was adopted by the Common Council of the City ofMuskego.
To: Finance Committee
From: Dustin Wolff
CC: Brian Turk, Jean Marenda
Date: May 18,2001
Re: Non-Metallic Mining Ordinance and Fee Schedule
The State law regarding the DNR administrative rule NR 135 (Non-Metallic Mining Reclamation) was
recently changed. The new rules require municipalities to adopt their own ordinance regulating non-
metallic mining reclamation prior to June 1, 2001. If a municipality does not adopt their an ordinance,
the regulation will be administered by the County.
The fee schedule submitted for review and approval mimics the language currently used by the DNR as
to the municipality by non-metallic mining operation for the cost associated with inspection and
highlighted in the Wisconsin Administrative Code NR135. This schedule represents the annual fee paid 0 enforcement of the reclamation plan. NOTE: This annual fee is only collected upon the cessation of
the non-metallic mining operations and the cornmencement of the reclamation pian.
The forfeiture schedule submitted identities the potential forfeiture associated with noncompliance with
the reclamation plan. The fees parallel the existing forfeiture for non-compliance with an approved
Building Site and Operation Plan in the event a citation is issued.
STAFF RECOMMENDATION: This fee and forfeiture schedule must be approved to be included
with the Non-Metallic Mining Reclamation Ordinance. The Ordinance must be adopted prior to
June 1,2001 and the 2"d reading is scheduled for the May 22 Common Council meeting.
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