Hereinafter, all excavations of sand, gravel, clay, silt, loam, muck, dirt, soil, and other earth materials as well as the operation of sand pits, and gravel pits shall come under jurisdiction of this article.

All existing sites of excavation shall comply with this article prior to any expansion or alteration of the existing site.

Excavation and removal of less than 100 cubic yards over a period of one year from any single tract of land recorded in the Brown County Register of Deeds office.

Necessary foundation and trench excavation in connection with work on the premises for which a building permit has been issued.

Excavations or grading related to the construction of stormwater retention/detention structures, both public and private.

Excavation and grading related to man-made bodies of water (see Chapter 295, Article XXIX, for regulations).

Excavations and grading related to the installation of utilities and roadways located in both public rights-of-way and recorded easements or providing amenities to a public or private development.

Sites operated in accordance as a quarry/mining, nonmetallic (See Article XXXIV of Chapter 295 and Chapter 194).

Application for a permit to excavate or remove earth materials shall be made to the Hobart Village Board by the property owner or his/her assigned agent. Application forms shall be provided by the Village of Hobart.

Applications shall contain required information as specified in § 295-326 of this article.

Upon receipt of an application and accompanying excavation plan, the Village Board shall inspect the site identified on the plan. Following site inspection, the Village Board shall approve the plan and grant the permit only when it is satisfied the conditions specified in § 295-326, Site plans, and § 295-330, Other requirements, will be complied with in undertaking the extraction. Said approval shall be made within 30 days of application date.

Upon expiration of the permit, the Village Board shall inspect the site before reissuing the permit. If the regulations of this article have been complied with, the permit shall be reissued.

An annual $1,000 permit fee shall be charged for the issuance of an earth extraction permit or the renewal of same. Said permit shall be valid for 365 days from the date of issue.

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

Contour intervals of the site, as indicated by the United States Geological Survey (USGS), quadrangles or other accurate sources, of not more than 20 feet.

Existing and proposed surface water drainage.

Proposed regrading and revegetation of site after excavation.

Truck and machinery access.

Types and location of buildings to be erected on site.

Approximate total amount of earth material to be excavated.

Approximate number of trucks and other machinery to be used.

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

Truck access and storage shall be arranged to minimize danger to traffic and nuisance to surrounding property.

A minimum of 50 feet of undisturbed material shall be maintained between the point of excavation and any property line or street right-of-way line.

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

The excavation of earth materials in accordance with this section shall be a conditional use in the A-1 Agricultural District.

Extraction operations shall be prohibited in all remaining zoning districts.

At all times, 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 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.

When excavation and removal operations are no longer used, the excavated area shall be graded so that no gradients in disturbed earth shall be steeper than a slope of 3:1 (horizontal: vertical) unless a greater slope is approved by the Village Board. A layer of arable topsoil capable of supporting perennial grasses shall be spread over the excavated area, except exposed bedrock surfaces, to a minimum depth of four inches. The area shall be seeded with a perennial grass capable of survival in this climate and maintained until a uniform growth is established.

If the excavation site shall fall within a Floodplain, Shoreland, or Conservancy Zone District, the regulations as set forth in Chapter 290, Floodplain Zoning, and Chapter 293, Shoreland Zoning, shall also apply.

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

A performance bond of $1,000 per acre of proposed excavation shall be required of the excavator.

To allow for ease in rehabilitation of the site, the operator may begin sloping, as prescribed in Subsection C of this section, 10 feet from lot lines or road right-of-way lines, provided material disturbed within 50 feet of lot lines or road rights-of-way is used in the sloping operation as fill.

No unlicensed dumping of solid waste, junk cars, or sanitary wastes shall occur in extraction sites.

Proper measures shall be taken to minimize the nuisance of noise and flying rocks or dust.

No blasting or use of any explosive shall be permitted for the removal of any earth material noted in this section.

Truck access to the excavation shall be so arranged as to minimize danger to traffic and nuisance to surrounding properties. The access roads to the area of operation shall be provided with a dustless surface if deemed necessary by the Village Board.

Hours of operation. These time parameters encompass all activities associated with the operation, and a request for permanent hours of operation beyond those listed below will be subject to approval of the Village Board through the permit process: 7:00 a.m. to 7:00 p.m. Monday through Friday, all year; 8:00 a.m. to 3:00 p.m. Saturday, all year; and no operations Sunday or holidays.