13.03.070 Alternative requirements.
(1) Scope of Alternative Requirements Approval. An operator of a non-metallic mining site may request an alternative requirement to the reclamation standard established in section 13.02-1. Kenosha County Department of Planning and Development may approve an alternative requirement to the reclamation standards established in this chapter if the operator demonstrates and Kenosha County Department of Planning and Development finds that all of the following criteria are met:
(a) The non-metallic mining site, the surrounding property or the mining plan or reclamation plan has a unique characteristic, which requires an alternative requirement.
(b) Unnecessary hardship which is peculiar to the non-metallic mining site or plan will result unless the alternative requirement is approved.
(c) Reclamation in accordance with the proposed alternative requirement will achieve the planned post-mining land use and long term site stability in a manner that will not cause environmental pollution or threaten public health, safety or welfare.
(2) Procedures.
(a) The operator of a non-metallic mining site requesting an alternate requirement in section 13.03-7(1) shall demonstrate all the criteria in section 13.03-7(1). This shall be submitted in writing to the Kenosha County Department of Planning and Development for review. If the Kenosha County Department of Planning and Development determines that the operator has met the three criteria in section 13.03-7(1), then the proposed alternative requirement may be placed on the agenda for the next available public hearing meeting of the Kenosha County Land Use Committee. Public Notice requirements of Section 13.03-4(1) shall be followed.
(b) A request for an alternative requirement may be incorporated as part of an application to issue or modify a non-metallic mining reclamation permit.
(3) Transmittal of Decision on Request for Alternative Requirement. The decision on a request for alternate reclamation requirements shall be in writing to the applicant and shall include documentation of why the alternate requirement was or was not approved.
(4) Notice to Wisconsin Department of Natural Resources. Kenosha County Department of Planning and Development shall provide notice to the Wisconsin Department of Natural Resources as set forth in this subsection. Written notice shall be given to the Wisconsin Department of Natural Resources at least 10 days prior to any public hearing held under section 13.03-7(2) on a request for an alternate requirement under this section. A copy of any written decision on alternative requirements shall be submitted to the Wisconsin Department of Natural Resources within 10 days of issuance. [Code § 13.03-7.]