The excavation of gravel, sand, stone, and other earthen materials from gravel pits, sand pits, stone quarries or other similar excavation sites requires a conditional use permit in the A-1-Exclusive Agriculture District, A-2-Agriculture Transition Overlay District and Hl-Heavy Industrial District.

Application for conditional use permits shall be made as provided for in Part 500-200, Administration and Enforcement. All applications must include a detailed site plan containing all information listed in § 500-2003.

A permit is required for fill or excavation of sand, gravel, clay, silt, loam, rock, stone, muck, dirt, soil and other earthen materials exceeding 100 cubic yards over a period of one year on any single parcel of land recorded in the Brown County Register of Deeds Office.

Exceptions. A permit is not required for:

The Community Development Director or his/her designee shall have the authority to issue permits for fill and for all excavations not included in Subsection A (Gravel pits, sand pits, and stone quarries) above. Application for a fill permit shall be made to the Community Development Department by the property owner or his/her assigned agent. All applications must include a detailed site plan containing all information listed below.

Existing and proposed contour intervals of the site at intervals of 20 feet if required.

Existing and proposed drainage patterns of the site.

Drainage and erosion control plans.

Approximate amount of earth material to be filled, and/or excavated and removed from the site.

A map showing the location of the premises and the adjoining properties within 500 feet. The map shall be drawn at a scale not smaller than one inch equals 200 feet.

Proposed truck and machinery access to the site.

Types and location of temporary or permanent buildings to be erected on the site.

Approximate number of trucks and other types of machinery to be used at the site.

Designated hours of operation.

A timetable for the commencement and cessation of nonmetallic mining operations and, if seasonal operations are intended, the months of operation shall be identified.

Measures to be taken to screen the operation from view of surrounding land uses or a written explanation of why such measures are not needed.

Amount of, and location of parking spaces.

Location and means of storing fuel.

Security plans for site.

Proposed regrading and revegetation of the site after completion of the fill or excavating operation.

No fixed machinery shall be erected or maintained within 200 feet of any property line or right-of-way.

Truck access to the fill or excavation site shall be so arranged as to minimize danger to traffic and nuisance to surrounding property.

No excavation shall take place within 50 feet of any property line or right-of-way if below the established grade of the street.

No screening, sifting, washing, crushing or other forms of processing shall be conducted upon the premises unless it is located more than 500 feet from a residential dwelling.

At all stages of operations, proper drainage shall be provided to prevent the collection and stagnation of water and to prevent harmful effects upon surrounding properties.

The premises shall be filled and/or excavated and graded in conformity with the plan as approved. Any deviation from the plan shall be cause for the Village Board to revoke the permit upon the recommendations of the Village Planning Commission.

When excavating and removal operations are no longer used, as determined by the Community Development Director or his/her designee, the excavated area shall be graded so that no gradients in disturbed earth shall be steeper than a slope of three to one (horizontal-vertical).

The excavation site shall fall within a county floodplain, Shoreland or conservancy zone district, the regulations as set forth in the Shoreland-Floodplain Protection Ordinance for Brown County shall apply.

Village employees shall be allowed on the premises during scheduled operating hours for inspection purposes.

Any violation of this chapter shall be subject to the regulations of the penalty clause in Part 500-200, Administration and Enforcement, of this chapter.

A performance bond in such amount as the Village Administrator shall deem sufficient to insure completion of the work following excavation pursuant to the conditions set forth in this chapter. Said performance bond may be in the form of a cash bond, certificate of deposit, or insurance bond, the minimum value of which shall be the weekly extraction value of material taken from the site, plus an amount to cover the cost of restoration of the site in question.