The following regulations shall apply to all future excavations of sand, gravel, stone, loam, dirt and other earth products within the Town of Lawrence. This article shall regulate all existing gravel pits and stone quarries within the Town of Lawrence.
A. 
All excavations of sand, gravel, clay, silt, loam, rock, stone, muck, dirt, soil and other earthen materials, including but not limited to sand pits, gravel pits and rock quarries, shall come under the jurisdiction of this article.
B. 
All existing sites of excavation shall comply with this article prior to any additional expansions or alterations of the existing site beyond the boundaries of the parcels of record on which excavation is taking place as of the date of the adoption of the original ordinance (November 16, 1994).
The following uses shall be exempt from the provisions of this article:
A. 
Excavation and removal of less than 500 cubic yards over a period of one year from any single parcel of land recorded in the Brown County Register of Deeds office.
B. 
Necessary foundation and trench excavation only in connection with work on the premises for which a building permit has been issued.
C. 
Normal agricultural activities.
D. 
Landscaping or site preparation for building uses.
See Chapter 182 of this Code for the regulation of nonmetallic mining.
The following information shall be required on a site plan prior to issuing an excavation permit:
A. 
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.
B. 
Contour intervals of the proposed site at intervals of 20 feet when available.
C. 
Existing and proposed drainage patterns of the site.
D. 
Proposed regrading and revegetation of the site after completion of the excavating operation.
E. 
Proposed truck and machinery access to the site.
F. 
Types and location of temporary or permanent building to be erected on the site.
G. 
Approximate amount of earth material to be excavated or removed at the site.
H. 
Approximate number of trucks and other types of machinery to be used at the site.
I. 
Designated hours of operation.
A. 
No fixed machinery shall be erected or maintained within 500 feet of any property or street line.
B. 
Truck access to the excavation shall be so arranged as to minimize danger to traffic and nuisance to surrounding property.
A. 
No excavation shall take place within 50 feet of any property line or street line if below the established grade of the street.
B. 
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.
The excavation of earth materials shall be allowed as a conditional use in the A-1 Agricultural Zone and as a conditional use in the AG-FP Agricultural-Farmland Preservation Zone, if the excavation is a public (governmental) operation or if it is incidental to the farm operation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
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.
B. 
The premises shall be excavated and graded in conformity with the plan as approved. Any deviation from the plan shall be cause for the Town Board to revoke the permit.
C. 
When excavating and removal operations are no longer used, as determined by the Town Board, the excavated areas shall be graded so that no gradients in disturbed earth shall be steeper than a slope of four to one (horizontal to vertical), unless waived by the Town Board. 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 perennial grass capable of survival in this climate and maintained until a uniform growth is established.
D. 
If 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.
E. 
Town Board members shall be allowed on the premises during scheduled operating hours for inspection purposes.
F. 
Any violation of this article shall be subject to the regulations of § 300-206, Enforcement; violations and penalties, in Article XXIII, Administration and Enforcement, of this chapter.
G. 
A performance bond of $1,000 per acre shall be required of the excavator.