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(1) Areas Subject to Fees, Procedures and Deadline.

(a) Operators of all non-metallic mining sites subject to reclamation permits issued under this chapter shall pay annual fees to Kenosha County Department of Planning and Development at 19600 75th Street, PO Box 520, Bristol, WI 53104. Fees paid under this section shall include both a share for the Wisconsin Department of Natural Resources under section 13.04-5(2) and a share for Kenosha County Department of Planning and Development under section 13.04-5(3).

(b) Fees paid under this section shall be calculated based on the unreclaimed acres of a non-metallic mining site, as defined below:

1. “Unreclaimed acre” or “unreclaimed acres” means those unreclaimed areas in which non-metallic mining has occurred after, August 1, 2001, and areas where non-metallic mining reclamation has been completed but is not yet certified as reclaimed under section 13.03-3(1)(g). However the term does not include any areas described in section 13.04-5(1)(b)2.

2. “Unreclaimed acre” or “unreclaimed acres” does not include:

a. Those areas where reclamation has been completed and certified as reclaimed under section 13.03-3(1)(g).

b. Those areas previously affected by nonmetallic mining but which are not used for nonmetallic mining after August 1, 2001.

c. Those portions of nonmetallic mining sites, which are included in an approved nonmetallic mining reclamation plan, but are not yet affected by nonmetallic mining.

d. Areas previously mined but used after August 1, 2001 for a non-mining activity, such as stockpiling of materials used for an industrial activity such as an asphalt plant, concrete batch plant, block and tile operation or other industry that uses products produced from nonmetallic mining.

e. Those areas within a nonmetallic mining site which the Kenosha County Department of Planning and Development has determined to be successfully reclaimed on an interim basis in accordance with section 13.04-7(2) and 13.04-7(3).

(c) Fees shall be assessed on active acres only and shall not be assessed on acreage where nonmetallic mining is proposed and approved but where no nonmetallic mining has yet taken place.

(d) Fees assessed pursuant to this section shall be based on unreclaimed acres at the end of the year. Such fees apply to a calendar year or any part of a year in which non-metallic mining takes place, until final reclamation is certified as complete under section 13.04-7. Fees shall be paid no later than, January 31st, of each year.

(e) If reclamation has already occurred on portions of a non-metallic mining site, the fees for such portions may be submitted with a request that they be held by Kenosha County Department of Planning and Development pending certification of completed reclamation pursuant to Section 13.03-3(1)(g) and Section 13.04-7(3). Upon such certification Kenosha County Department of Planning and Development shall refund that portion of the annual fee that applies to the reclaimed areas. If Kenosha County Department of Planning and Development fails to make a determination under Section 13.03-3(1)(g) and Section 13.04-7(3) within 60 days of the request, it shall refund that portion of the annual fee that applies to the reclaimed areas.

(2) Wisconsin Department of Natural Resources Share of Fee. Fees paid under this section shall, except where provided in section 13.04-5(2)(a), include a share for the Wisconsin Department of Natural Resources equal to the amount specified in the Kenosha County Department of Planning and Development Fee Schedule, on file in the Kenosha County Department of Planning and Development.

(a) For non-metallic mining sites at which no non-metallic mining will take place during a calendar year, the share for the Wisconsin Department of Natural Resources is referenced within the Kenosha County Department of Planning and Development Fee Schedule.

(b) Kenosha County Department of Planning and Development shall forward fees collected under this subsection to the Wisconsin Department of Natural Resources by, March 31st, of the year for which they were collected.

Note: This is required by s. NR 135.39(2)(c).

(3) Kenosha County Department of Planning and Development, Division of County Development’s, Share of Fee.

(a) Fees paid under this section shall also include an annual fee due to Kenosha County Department of Planning and Development.

(b) Fees are hereby established herein and shown within the Kenosha County Department of Planning and Development Fee Schedule as Chapter 13; Non-Metallic Mining Reclamation Ordinance Review Fees. Amendments to Kenosha County Department of Planning and Development Fee Schedule may be made periodically with approval by the Kenosha County Land Use Committee and furthermore are hereby incorporated as part of the separate fee schedule of the Kenosha County Department of Planning and Development as established in Policy Resolution No. 1 adopted by the Kenosha County Board of Supervisors on, August 9, 1994.

(c) The annual fee collected for local transportation related mines issued permits shall be in accordance with the Kenosha County Department of Planning and Development Fee Schedule.

(d) Fees shall be paid no later than, January 31st, of each year. [Code § 13.04-5.]