Village of Lake Hallie

Transcription

1 Final Report Non-Metallic Mining Regulations February 12 th, 2013 Prepared by the Village Plan Commission: Lisa Moelter Chair Randy Larson Secretary Eloise Rowan Ron Reese Glen Neubauer Rusty Volk With Assistance From: Douglas Clary Planning & Zoning Administrator

2

3 Non-Metallic Mining Operations Final Report On August 6 th, 2012, the Village Board adopted a moratorium on the creation of new non-metallic mining, processing and transportation operations within the municipal boundaries. The purpose of this moratorium was to allow the Village adequate time to study the possible impacts of new nonmetallic mining operations, processing plants and transportation operations related to nonmetallic mining may have on the health, safety, and welfare of the residents, including: 1. Air quality; 2. Water quality; 3. Environmental impacts; 4. Potential impact to the municipal infrastructure; 5. Property values; and, 6. The impacts on the local economy. The Plan Commission was charged with researching these issues and to make recommendations to the Village Board which would effectively regulate new nonmetallic mining, processing and transportation operations and related processing plants. The research included a review of the existing ordinances, the review of reports from other governmental entities and submitted information from the general public. The research revealed that issues such as, but not limited to, noise, lights, volume of traffic, air and water quality are not specific to non-metallic mining operations. This has led to recommendations for amendments to existing ordinances, the adoption of a new ordinance and items to consider for all development as well as items specific to non-metallic mining operations. I. AMENDMENTS TO EXISTING ORDINANCES (A) Title 5: Licensing & Regulation: (1) Earthen Material Extraction. General standards for removal of top soil, open and dormant pits/excavations, operating regulations, and license requirements. Recommendation: Clarify this section is not applicable for non-metallic mining. (B) Title 8: Public Peace, Morals and Welfare: (1) Public Nuisances Air pollution ((3)(g)), Water pollution ((3)(h)) and Noxious Odors ((3)(i)). No performance standards are associated with these sections and would essentially default to state minimums, if applicable. Recommendation: As part of the permitting process, require documentation of any and all permits the facility will need to properly operate. Identify the appropriate permitting authorities, potential variances from the standards the operator may/will/can seek, documentation of yearly sampling requirements, submittal requirements for the data and timelines for submittals. In addition, prior to the start of construction, all of the applicable permits shall be submitted to the village. The conditional use permit shall include conditions that tie the compliance with other applicable permits together. (2) Noise No performance standards are associated with these sections and would essentially default to state minimums - if they exist. Recommendation: Establish daytime and night-time performance standards for noise levels in the residential, commercial and industrial districts. The issue then becomes whether or not the decibels should be enforced at the property line or a distance from the property line. These can be enforced through the conditional use process, but more importantly, through the general code as a nuisance. (1) Note: Railroads and public ROW s would be exempt from these performance standards. Under certain circumstances, vehicles MAY be included (mufflers, honking of vehicle horns, revving engines, etc). (2) Example: The performance standards for the residential and industrial districts are set at 60 dba and 80 dba, respectively. The industrial district within 800 of a residential district would be required to meet the 60 dba. February 12 th, 2013 Page 1 of 7

4 Non-Metallic Mining Operations Final Report Village of Lake Hallie (3) Example: The lower performance standard for two adjacent zoning districts shall be enforced at the property line. (C) Title 14: Village Planning, Zoning & Development (1) Wellhead Protection Ordinance Recommendation: Continue to work with the Wisconsin Rural Water Association (WRWA) to update the current ordinance regulations and maps. The ordinance should be reviewed for conflicting regulations between other village ordinances. In addition, the regulations should be reviewed in regards to the placement of high-capacity wells within the protection zones. But, also as important, would be the placement of wells (high-capacity and other wells) adjacent to these zones. (D) Title 70: Village Zoning Ordinance (1) 70-7 Nonconforming Uses: The zoning or other ordinance(s) should be expanded to indicate how and when existing uses would be required to meet the ordinance limitations set on smoke, dust, noise, vibrations or other. Recommendation: It is important to note that proposed ordinance revisions or performance standards should be evaluated for existing businesses as well. A requirement at the time of expansion or after a certain point, the entire operation will need to meet the minimum requirements. Define what is meant by time of expansion or certain point, incorporate language that discusses grandfathering of existing businesses and still allows temporary uses under certain provisions. (2) 70-8 Definitions. Recommendation: Definitions should be reviewed and appropriately modified for non-metallic mining, industrial sand (frac sand) and other definitions as seen fit. (3) Permits; Conditional Use Recommendation: Incorporate this information into , so that the conditional use process is listed in one section of the ordinance. (4) 70-71(b)(2) Conditional Use Permits General Statement Recommendation: Performance standards should be addressed within the ordinance in the absence of any state and/or federal standards or where standards exist or the village can exceed the state/federal minimums. Noise and vibration are examples of unknown state or federal standards. On the other hand, the state has minimum requirements for storm water management that the village may want additional protection. (5) 70-71(b)(2) - Conditional Use Permits in the Ag Zoning District - Non-Metallic Mining No performance standards are listed in the written text of the ordinance. Previous non-metallic mining permits have been issued under guidance developed by the county (reclamation standards, plan specifications, siting and development standards, etc but were never put into the ordinance). Recommendation: Remove this section from the ordinance and create a mineral extraction district where non-metallic mines are allowed as an approved use under XX acres. All other mines would be a conditional use permit. (6) 70-71(b)(15) Conditional Use Permits in the Ag District Mixing Construction Materials Recommendation: Continue to allow concrete, asphalt hot mix or similar plants as a conditional use permit, but only as temporary. A definition should be added or guidance given to determine what time period temporary would cover. In addition, allow permanent concrete, asphalt hot mix or similar plants as a conditional use permit in the Industrial District or under the mineral extraction district (if created). (7) through Local Commercial, Highway Commercial and Industrial Districts Recommendation: Require all uses to be a conditional use, except for a select few approved uses in each district. A commercial site plan review process should be incorporated into the zoning ordinance. If a developer s agreement or financial assurance is needed, require approval by the village board. In addition, investigate and place appropriate performance standards into the applicable ordinance(s) for Page 2 of 7 February 12 th, 2013

5 Non-Metallic Mining Operations Final Report when emissions of odor, dust, smoke, gas vibration or noise or subjection of life, health or property to hazard becomes objectionable. (8) 70-73(b)(3) Highway Commercial Conditional Use Permits: 70-73(b)(3) allows for Truck terminals and storage as well as railroad lines, spurs and passenger terminals. Recommendation: Remove 70-73(b)(3) as a conditional use in the highway commercial district and allow it as a conditional use permit in the industrial district. (9) 70-74(b) Industrial District Conditional Use Permits Recommendation: Add Truck Terminals and storage, as well as railroad lines, spurs and passenger terminals. (10) 70-74(c)(1) Industrial District Recommendation: Review and modify setbacks to all property lines in regards to industrial and commercial operations, so that building heights match or have a stepped approach to the adjacent zoning district. (1) EXAMPLE: The height limitation of an existing single-family home is 35 within 10 of the property line. The height could be increased up to 10 as long as each of the required yards is increased by the same amount. (11) Buildings and Use Recommendation: Review and trim list to those uses that are needed because of geographic location and not necessarily in a particular district. (12) Height Regulations: (b) allows certain structures to exceed the zoning code limitations with the approval of the village board. Recommendation: Create criteria as to how the village will address these particular structures or more importantly, any type of structure that would exceed the maximum height allowance within the individual zoning districts. (13) Conditional Use Permits Recommendation: should be modified to reflect the process for all conditional use permits. Under section , the Village Board has the ability to place an approved use in a more restrictive district as a conditional use permit. This process should be evaluated to determine what standards should be met in order to qualify for such a permit. (14) Commercial Screening Regulations Recommendation: Review and revise commercial screening requirements to take into consideration the overall height of the structures and potential setback requirements to property lines for the zoning districts. (15) Commercial Lighting Regulations Recommendation: Place performance standards in the ordinance, which describe the ability of light to trespass onto the adjoining property based on the zoning districts. II. ADOPTION OF NEW ORDINANCES (A) Blasting Ordinance (1) Recommendation: Create a new section in the village ordinance structure that adopts Administrative Code Safety and Professional Services (SPS), Chapter 307 in its entirety, but also includes hours for blasting, additional information about the blaster, procedures to follow for obtaining permits and notification to property owners. The ordinance should also require a preblasting survey of all structures (principal, accessory), wells or other identified structures within a specified distance from the location of the blasting. February 12 th, 2013 Page 3 of 7

6 Non-Metallic Mining Operations Final Report Village of Lake Hallie III. ITEMS TO CONSIDER THROUGH FUTURE PERMITTING PROCESSES (A) Items that should be considered for all development (1) Community Impact Analysis Recommendation: As part of the application process, require a community impact analysis, which forecasts out for years. Example: Wauwatosa, WI requires: (1) Traffic and parking conditions on site and surrounding area (2) Municipal utilities and services (3) The physical and ecological characteristics of the site and the surrounding land, including wetlands, floodplain vegetation, wildlife habitat, and other environmental conditions. (4) The scenic, historic, and archeological character of the community (5) The economic impact of the project on local businesses and residents, including number and types of jobs created, amount of local labor to be used. (6) The amount, type and location of potential spin-off development, impact of changing land use patterns and potential for development pressure on surrounding neighborhoods. (2) Fugitive Dust Plans Recommendation: Fugitive dust plans should be submitted as part of the permitting process and shall contain provisions in NR and NR In addition, the provisions as listed in NR (3) shall be required. (3) Storm water Management Plans Recommendation: Require storm water management plans to be designed to a specific storm event that exceeds state minimums. But, more importantly, show the end destination of the water (stream, creek, pond, low area, regional storm water detention pond, etc). (4) Vibrations To be incorporated into the ordinances as a public nuisance. Recommendation: The potential vibrations from the daily operation of a business or industry might have an effect on the adjoining property owners. The commission has listed three options below, but does not have a specific recommendation at this point in time. (1) Option 1: Set up standards of generic provisions, which deal with vibrations. Setbacks for vibrations would be based on residential, business or commercial districts. Note: There should be a list of exemptions such as within the commercial and industrial districts, vibrations due to construction or demolition of structures, special public events (country and rock fest?), and other types where vibrations are limited. (2) Option 2: Requirement that vibrations should not transmit pass the property lines, except in certain circumstances (as listed in a above). A plan that details how this will be accomplished shall be submitted as part of the application. (3) Option 3: Require monitoring for existing ambient noise and vibration levels XX feet from the facility. A report or plan should explain the existing ambient noise and vibration levels, the influence of the proposed development on the ambient noise and vibration levels, the net increase in these levels and any type of mitigation techniques that could be utilized to keep the development within +/- XX decibels. (5) Landscaping Requirements Recommendation: Create a section of the zoning ordinance or guidance for property owners to utilize that discusses appropriate vegetation and landscaping requirements for all development. (6) Traffic Impact Analysis Recommendation: Require the submittal of a traffic impact analysis (TIA) prior to the issuance of any permits for the proposed development. The recommended improvements and associated costs should be memorialized within a developer s agreement. In addition, the TIA should be reviewed and Page 4 of 7 February 12 th, 2013

7 Non-Metallic Mining Operations Final Report (7) Quiet Zones evaluated to determine if emergency responses or routes would be regularly affected by the development. Recommendation: Work with the appropriate public and private entities that will utilize the railways to fund replacement of railroad crossings in order to establish railway quite zones. (8) Unique Structure Removal: Development plans might include structures that are unique to the corporate business model or to the business itself. Recommendation: Require, as part of the permitting process, a plan for the reuse of the proposed structure(s). Structures identified as unique would require financial assurance (bond, letter of credit or other suitable financial guarantee) in an amount determined by the village to ensure the removal of the structure or buildings and the associated footings, foundations, etc. In addition, it should be stated at what point the building or structure will be considered abandoned or discontinued. (9) Unexpected Costs: Recommendation: Review and evaluate what types of unexpected public costs are associated with certain uses. Properly plan for these during the permitting process with any type of development and memorialize within the developer s agreement. (10) Developers Agreements: Recommendation: As part of the permitting process, continue to require the developer s agreement (DA) to be properly signed and filed with the Village Clerk prior to the issuance of any permit for the operation of the facility. The DA should include all information pertaining to costs that the village and applicant will incur over the life of the project. Just as important, would be to designate a point in time when the DA has to be finalized. In the rare situation where the DA is not signed, the appropriate permits would not be issued and essentially would become null and void. (11) Public Notification Requirements Recommendation: Within a specific distance, notify the adjacent property owners outside the village limits of public hearings. In addition, and once again within reason, notify individuals on proposed haul routes. (B) Items deemed to be Specific to the Frac Sand Industry (1) Ambient Air Monitoring Recommendation: Require a site specific ambient air monitoring plan for all frac sand operations. The plan development shall be developed by professionals with expertise in ambient air monitoring. Any components of the plan, such as testing, data collection or analysis shall be completed by appropriate licensed professionals and laboratories. The plan shall contain the following: (1) Strategy for the collection, analysis and reporting mechanisms for ambient air monitoring, including appropriate meteorological data collected from the site or other approved sites. (2) An alternatives analysis which reviews several different methods for the plan or plan components. The plan shall list the reasoning why one alterative is preferred over the other and shall include a final recommendation. (3) The strategy should include a baseline of information that needs to be collected prior to the start of construction and/or the issuance of the building permits. (4) Best available technology for monitoring and reporting should be explored and utilized. This would include real time reporting where the results are sent automatically to a secured site for collection, review and retention. Improvements to monitoring or technology should be incorporated into the conditional use permit within a designated timeframe. (5) Plan should address what types of failures in the equipment could be expected or anticipated or theorized and establish a contingency plan for repairing or replacing the equipment within a designated amount of time. February 12 th, 2013 Page 5 of 7

8 Non-Metallic Mining Operations Final Report Village of Lake Hallie (6) Plan should be specific to monitoring for particular matter (PM 10 ) and PM 2.5. In absence of State regulations, the applicant shall indicate what other states have implemented for acceptable levels and design a plan as agreed to by the Village. (i) Example: Town of Howard NMM ordinance requires monitoring of PM2.5. If the levels exceed 35 micrograms per cubic meter in any 24-hour period, the operator shall evaluate and implement additional best management practices to minimize PM 2.5 emissions. (ii) Example: Town of Howard NMM ordinance requires monitoring of total suspended particulates (TSP). If the levels exceed 150 micrograms per cubic meter of TSP in any 24- hour period, the operator shall evaluate and implement additional best management practices to minimize TSP. (2) Groundwater Monitoring Plans. Recommendation: Create criteria that would indicate what types of businesses and at what point in the operation a groundwater monitoring plan would be required. The plan should include: (1) The installation of onsite monitoring wells. The number shall be sufficient so that the depth to groundwater and the direction of flow can be properly observed. (2) The potential draw-down area and the effects on existing and proposed municipal wells and private potable wells. (3) A schedule for yearly testing for all potable wells that are located within the draw-down area or down gradient of the proposed facility. Baseline information should be gathered and should include static water level and the existing levels of arsenic, nitrates and iron. This should also include a bacteria and nitrites, VOC s, total suspended solids, chemicals or residuals of chemicals utilized onsite. (4) Require a water budget, which would span the life of the facility. The water budget should include alternatives such as the connection to the village water supply, the ability to reuse water, etc. (5) If feasible, the connection of the facility to the village water supply vs. the use of private wells. (3) Settling Ponds Recommendation: In situations where settling ponds or outdoor containment centers are part of the plans, require concrete liners or similar liners that will protect the groundwater. This would include contingency and maintenance plans. (4) Disposal of Hazardous Waste Recommendation: As part of the permitting process, request specific information pertaining to the disposal or placement of any material which contains hazardous substances and/or biological substances that would cause groundwater to be unpalatable or unfit for human consumption. (5) Limits of Excavation in Groundwater Recommendation: Discuss and impose a separation distance between the bottom of an excavation and the ground water. (6) Base Flow for Streams and Base Elevations for Lakes and Ponds Recommendation: As part of the permitting process, require the establishment of base flows and elevations to those streams, tributaries, ponds and lakes within XX feet/miles of the operation. (7) Property Valuations/Appraisals Recommendation: Require through the conditional use permit a step-by-step approach to property value guarantees for those properties within XX feet of the proposed operation. Page 6 of 7 February 12 th, 2013

9 Non-Metallic Mining Operations Final Report IV: TO REVIEW AND CONSIDER AMENDING OR ADOPTING A LICENSE ORDINANCE UNDER POLICE POWERS The Village has the ability to draft ordinances under Wisconsin State Statutes 61.34, which is commonly referred to as police powers. It should be noted that a licensing ordinance does not dictate where a business or operation can be sited, but rather lists specific requirements that must be meet in order to obtain the necessary license. Thus, the Plan Commission has deemed that while this is an option, it is not viable and would create a duplication of processes and potential conflict not only between the ordinances but between a license and a permit. It would be advisable to continue to regulate uses through modifications to the existing ordinances, including the zoning ordinance. V: TO REVIEW AND CONSIDER AMENDMENTS TO THE VILLAGE COMPREHENSIVE PLAN. The Village adopted a comprehensive plan in December of 2009 and should be updated every 5 to 10 years. While the plan was the first for Village, the Plan Commission recommends that the Village Board set aside appropriate funds to revise the plan in its entirety. At that point in time, it would be prudent to review and revise the plan to address where and how businesses would be located in the village. An emphasis should be placed on preserving natural features, natural resources and existing developments, while still allowing for appropriate growth. Most importantly, the plan should address areas of the village where conflicts between incompatible land uses and depict potential planning exercises to minimize the conflict. February 12 th, 2013 Page 7 of 7