When the application is filed, the applicant shall provide a plan showing the land proposed for excavation. This plan shall show the contours of the land on at least five-foot contour intervals, any improvements thereon and to a distance of 300 feet in all directions from the subject.

Concurrent with the above, the applicant shall also provide a plan showing the contemplated changed condition of the land due to the excavation. This plan must include the contemplated reuse of the land, what recovery of the land is planned and the contours on at least five-foot intervals.

No excavation or processing of excavated materials shall be permitted nearer than 30 feet to the boundary of adjacent property nor nearer than 125 feet to any existing residence, unless by written agreement that the owner or owners of such adjacent property consent to a lesser distance. The Planning and Zoning Commission may set a greater distance than above mentioned when, in their opinion, it is justified.

The Planning and Zoning Commission shall specify the degree of slopes of banks for all excavation, the depth of and the distance from any public structure when excavations are made in or near streambeds. When excavations are near or adjacent to irrigation canals or ditches, the applicant shall secure a written agreement from the ditch company or from officials responsible for the canals or ditches indicating their determination as to setbacks from public right-of-way.

Sand gravel shall be excavated in such a manner so as to assure the convenient restoration of the land and to hold to a minimum any adverse effects to adjacent land as a result of piling or storing the overburden materials.

The sand and gravel shall be excavated in such a manner so as to leave an average of two feet of undisturbed sand and gravel, as evenly as possible, over the entire excavation tract; to provide a water bearing strata for any existing ground water; and more, if the Planning and Zoning Commission deems necessary.

After an excavation has been completed, the operator shall spread evenly over the bottom of the excavation the excess waste materials. He then shall spread evenly the topsoil to a minimum depth of 18 inches. The topsoil shall be spread last so as to produce a new surface for the purpose of growing crops, trees, shrubs, etc. Operations shall be conducted in such a manner that excavated areas will not collect or permit stagnant water to remain therein.

An excavation operation shall maintain haulage roads within the premises covered by the permit and such roads shall be kept in a reasonably dust-free condition when said dust would be injurious to bordering premises. The Planning and Zoning Commission shall specify the conditions in each instance to insure this requirement. The hours of operation, unless otherwise specified by the Planning and Zoning Commission, shall be from 6:00 a.m. to 10:00 p.m., unless a national emergency arises or special permission is granted.

Rock crushers, and concrete and asphalt mixing plants may be permitted, providing the Planning and Zoning Commission finds that the following facts prevail:

The operator of any excavation shall post a bond in the form prescribed by the Williston City Commission in a sum equal to the number of acres covered by the permit, multiplied by $500 to insure full compliance with all of the terms and conditions of the permit and the rules and regulations set forth by the Planning and Zoning Commission pertaining to extraction and processing. The minimum amount of such bond shall be $1,000 and the maximum amount $25,000. The Williston City Commission shall have the power and authority to provide for an alternative method of indemnifying the City in lieu of the posting of the bond herein mentioned.

The operator shall furnish evidence that he is insured to the extent of not less than $50,000 against liability for any negligent act or omission arising from the operation or maintenance of an excavation and all activities connected with or incident thereto.

Prior to the granting of a permit, the property shall be posted for a period of 30 days. This posting shall consist of a sign or signs, the number of which shall be determined by the Building Official, of a size three feet by four feet, posted four feet above grade, with lettering not less than two inches in size, placed in conspicuous locations visible from the public right-of-way.

At least 15 days prior to the hearing, the Building Official shall, by registered mail, send notice of the hearing to all property owners within one-half mile of the proposed excavation.

To defray the cost of posting the property and determining property owners to whom notice must be sent, there shall be collected a fee of $25.

Upon the granting of a permit by the Board of City Commissioners, the following fee schedule shall apply:

The above fee schedule shall apply to each individual ownership of land which is included in the operation.

All permits shall be in full force for a period of five years from the date of issuance thereof unless a shorter time is set by the Planning and Zoning Commission. Such temporary permits may be renewable by the Planning and Zoning Commission for the same period of time or less, without further notice, hearing, or posting of the property involved; provided, however, that the operator has complied with all the terms and conditions of the original permit. A renewal of a permit shall be considered as a new permit with respect to fees.

The Planning and Zoning Commission shall have the power to cancel permits upon proof of violation of any of these regulations.

Rock crushers, concrete and asphalt mixing plants, sand and gravel operations or any other such excavations which are temporary operations (six months or less) shall not be subject to any of the regulations of this section, except they shall be required to obtain a permit from the Planning and Zoning Commission.