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PCR2001135RESOLUTION #P.C. 135-2001 APPROVAL OF A NON-METALLIC MINING PERMIT AND RECLAMATION PLAN FOR THE PINKOWSKI PROPERTY LOCATED ON ENTERPRISE DRIVE (TAX KEY NO. 2228.999.012 / SW Z OF SECTION 17) HEREAS. On July 27, 2001 plans were submitted by Property Services Unlimited for approval for a non-metallic mining Q permit and reclamation plan for topsoil screening and removal on the property located at Tax Key No. 2228.999.012 / Enterprise Drive being located in the SW Z of Section 17. and WHEREAS, Said property is zoned 1-1, Industrial Park District, and Chapter 38, Non-Metallic Minino Reclamation outlines file, and that all non-metallic mining, including the removal of topsoil, shall be approved by the City and a reclamation plan be on 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 Building Site and Operation Plan approved in Resolution #PC 066-2001, and s WHEREAS, A site grading plan is on file with the City, and the petitioner will restore the site accordingly, and HEREAS, Financial assurances for reclamation are required and have not been determined by the Director of Building nd Engineering, and said surety is required to be approved by the Finance Committee and the Common Council. 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. 2228.999.012 / Enterprise Drive / SW Z of Section 17 BE IT FURTHER RESOLVED, That all operations cease by 6pm during the weekdays BE IT FURTHER RESOLVED, That a financial surety be approved by the Finance Committee and the Common Council in the amount determined by the Director of Building and Engineering prior to the commencement of screening and removal operations. BE IT FURTHER RESOLVED, This approval shall expire after May 31,2002. this plan as they relate to landscape areas building facades and drainage shall be maintained in perpetuity unless BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building Department and that all aspect of 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 @ dopted: September 4, 2001 feated: eferred: Introduced: September 4,2001