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PCR2001134RESOLUTION #P.C. 134-2001 APPROVAL OF A NON-METALLIC MINING PERMIT AND RECLAMATION PLAN FOR THE JANUSZEWSKI PROPERTY LOCATED ON LAKEWOOD DRIVE (TAX KEY NO. 2192.086 I SE X OF SECTION 8) mining permit and reclamation plan for topsoil screening and removal on the property located at Tax Key No. 2192.086 / HEREAS. On August 10,2001 plans were submitted by Property Services Unlimited for approval for a non-metallic Lakewood Drive being located in the SE X of Section 8, and WHEREAS, Said property is zoned 6-2IOPD. Local Service Center District as modified by the Planned Development Overlay, and Chapter 38, Non-Metallic Mininq Reclamation outlines that all non-metallic mining, including the removal of topsoil, shall be approved by the City and a reclamation plan be on file, and WHEREAS, All screened materials will be used for the petitioners landscape operations, and no sales of materials will occur from the site. and WHEREAS, The hours of operation are proposed from 7am to 9pm Monday through Friday, and 7am to 3pm on Saturday, and no operation will occur on Sunday, and WHEREAS, Operations are proposed to commence upon approval from the Plan Commission and continue until May 31, 2002. and WHEREAS, The petitioner has indicated that the site and roadways will be cleaned as necessary, and WHEREAS, The reclamation plan for the site is the approved Lakewood Condominium development plan, and WHEREAS, The Drafl Conservation Plan identifies a portion of the outlot to the west to be a medium management priority, and a management plan is on file for the outlot, and @HEREAS. A site grading plan is on file with the City, and the petitioner will restore the site accordingly, and WHEREAS, Financial assurances for reclamation have been previously approved by the Finance Committee and the Common Council with the Developer's Agreement, and THEREFORE BE IT RESOLVED, That the Plan Commission approves of a non-metallic mining permit and reclamation plan for topsoil screening and removal on the property located at Tax Key No. 2192,086 I Lakewood Drive I SE % of Section 8. BE IT FURTHER RESOLVED, That all operations cease by 6pm during the weekdays. BE IT FURTHER RESOLVED, This approval shall expire afler May 31.2002. BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building Department and that all aspect of this plan as they relate to landscape areas building facades and drainage shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED. That failure to comply with the approval contained in this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: September 4,2001 Defeated: