Suamico City Zoning Code
§ 18.21
Earth Excavations and Fill.
The following regulations shall apply to all future fill or excavations of sand, gravel, stone, loam dirt, and other earth products within the Village. All existing gravel pits, sand pits, and stone quarries within the Village shall also be regulated by this code. Excavations required to develop man-made bodies of water shall be administered by separate Village codes.
(1)
Applicability and Permit Requirements.
(a)
Gravel Pits, Sand Pits, and Stone Quarries.
1.
The excavation of gravel, sand, stone, and other earthen materials from gravel pits, sand pits, stone quarries, or other similar excavation sites is allowed with a conditional use permit in the Agriculture (AG), Agriculture-Farmland Preservation (AG-FP) Rural Residential (RR), and Industrial Districts (I1, I2).
2.
Application for conditional use permits shall be made as provided for in Section 18.04(3)(d). All applications must include a detailed site plan containing all information listed in Section 18.21(2(a) and (b).
a.
If the conditional use permit is approved by the Board, the Zoning Administrator shall issue the permit. The permit shall be valid for two years upon issuance.
b.
Upon expiration of the permit, the Village shall inspect the site to determine compliance with any conditions attached to the permit as well as compliance with the existing regulations. The Village has the right to attach additional conditions to the re-issuance of the permit. If the regulations have been complied with, then the permit may be reissued by the Board for another two-year period.
(b)
Other Earth Excavations and Fill.
1.
A permit is required for fill (temporary or permanent) or excavation of sand, gravel, clay, silt, loam, rock, stone, muck, dirt, soil, and other earthen materials.
2.
Exceptions. A permit is not required for:
a.
Necessary foundation and trench excavation only in connection with work on the premises for which a building permit has been issued.
b.
Normal agricultural activities.
c.
Excavation, fill, and grading for public road construction purposes within the right-of-way.
d.
All excavation or fill associated with the development of an approved plat prior to acceptance/completion of the public roads.
3.
The Zoning Administrator shall have the authority to issue permits for fill and for all excavations not included in Section 18.21 (1)(a). Application for a fill permit shall be made to the Zoning Administrator by the property owner or his or her assigned agent. All applications must include a detailed site plan containing all information listed in Section 18.21(2)(a).
(2)
Site Plan Requirements.
(a)
The following information shall be submitted on a site plan when applying for a fill or excavation permit:
1.
Existing and proposed contours of the site at intervals of 20 feet if required. Spot elevations may also be acceptable.
2.
Existing and proposed drainage patterns of the site.
3.
Drainage and erosion control plans.
4.
Approximate amount of earth material to be placed, and/or excavated, and/or removed from the site.
(b)
The following additional information shall be submitted on a site plan when applying for an excavation permit to operate a gravel pit, sand pit, or stone quarry:
1.
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.
2.
Proposed truck and machinery access to the site.
3.
Types and location of temporary or permanent buildings to be erected on the site.
4.
Approximate number of trucks and other types of machinery to be used at the site.
5.
Designated hours of operation.
6.
A timetable for the commencement and cessation of nonmetallic mining operations and, if seasonal operations are intended, the months of operation shall be identified.
7.
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.
8.
Measures to be taken to ensure dust control of the site.
9.
Amount of and location of parking spaces.
10.
Location and means of storing fuel.
11.
Security plans for site.
12.
Proposed regrading and revegetation of the site after completion of the fill or excavating operation.
(3)
Operation of Gravel Pits, Sand Pits, and Stone Quarries. The following regulations shall apply to the operation of all gravel pits, sand pits, stone quarries, and other similar sites of excavation. All existing sites of excavation shall comply with this section prior to any additional expansions or alterations of the existing site.
(b)
Material Handling.
1.
No excavation shall take place within 50 feet of any property line or street line if below the established grade of the street.
2.
No blasting within 100 feet of any adjoining property line.
3.
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.
(c)
Other Requirements.
1.
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.
2.
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 Board to revoke the permit upon the recommendations of the Planning and Zoning Commission.
3.
When excavating and removal operations are no longer used, as determined by the Zoning Administrator, the excavated area shall be graded so that no gradients in disturbed earth shall be steeper than a slope of 3-1 (horizontal-vertical). A layer of arable topsoil capable of supporting perennial grasses shall be spread over the excavated area, except exposed rock surfaces to a minimum depth of four inches. The area shall be seeded with a non-invasive perennial grass capable of survival in this climate and maintained until a uniform growth is established.
4.
If the excavation site shall fall within a floodplain, shoreland, or conservancy, the regulations as set forth in the Shoreland-Floodplain Protection Ordinance for the Village shall apply.
5.
Village employees shall be allowed on the premises during scheduled operating hours for inspection purposes.
6.
Any violation of this section shall be subject to the regulations of the Section 18.99(9) of this code.
7.
A performance bond in such amount as the Administrator shall deem sufficient to ensure completion of the work following excavation pursuant to the conditions set forth in this ordinance. 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.
8.
Copies of all permits required by overlying jurisdictions.