Sand and Gravel Removal
Operations. When applying for a change of zoning, the applicant shall meet the
following conditions and provide the following plans and information in
addition to what is otherwise required for a Conditional Use Permit:
1. Use Restricted. Sand and gravel
removal operations shall include only the removal of sand and/or gravel from
the earth by mechanical means. The quarrying of solid stone is prohibited as
are any removal operations which propose to utilize blasting, or ripping, and all
on-site processing including, but not limited to, washing sorting, crushing,
screening, sizing, or dewatering.
2. Conditional Use Permit Required. Conditional
use permits for sand and gravel removal operations shall be in effect for such
period of time and subject to those conditions set forth in that permit;
provided, however, any such conditional use permit shall terminate upon failure
of the permittee to comply with the Town Ordinance requiring annual Quarrying
Permits.
3. Application for a Conditional Use
Permit for Sand and Gravel Removal. Applications for a conditional use
permit for a sand and gravel removal operation shall be submitted to the Town
Clerk as set forth under Section 7.0103 of this Ordinance. In addition said
application for a Conditional Use Permit shall be accompanied by a fee as set
by the Town Board to defray the cost of notification, holding of public
hearings, administrative processing and inspection of such applications; a
detailed description of all aspects of the proposed operation; a list of
equipment, machinery and structures which may be used; the source, quantity,
and disposition of water to be used, if any; a legal description of the
proposed site; a topographic map of the site and the area abutting the site, to
the nearest public road right-of-way or a minimum distance of three hundred
(300) feet on all sides of the site drawn at a minimum vertical contour
interval of five (5) feet and showing all existing and proposed private access
roads, the depth of all existing and proposed excavations, and all pertinent
natural features of the proposed site, including but not limited to streams,
wetland, forested land; and a restoration plan.
4. Referral and Public Hearing. Application
for Conditional Use Permits for sand and gravel removal operations shall be
referred to the Town Plan Commission for public hearing and the Commission
shall report back to the Town Board with its recommendation within sixty (60)
days after the public hearing. The Town Plan Commission shall conduct such
public hearing within sixty (60) days after referral. The Town Plan Commission
shall fix a reasonable time and place for the hearing and publish a Class Two
(2) notice thereof. In addition written notice of the public hearing shall be
delivered by first class mail or shall be hand delivered by courier to all
owners of the property within one-half (1/2) mile of the proposed sand and
gravel removal operation. Substantial compliance with the notice requirements
of this Section shall be deemed sufficient.
5. Town Board Action. The Town Board shall, within sixty (60) days after
receipt of the recommendation from the Town Plan Commission issue or deny a
Conditional Use Permit for the proposed sand and gravel removal operation. The
determination shall be based upon all relevant factors, including but not
limited to: those standards set forth under Section 3.0601 of this Ordinance as
well as the following: the effect of the proposed operation on existing roads
and traffic movement in terms of adequacy, safety, and efficiency; the effect
of the proposed
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operation on drainage and water supply;
the possibility of soil erosion as a result of the proposed operation; the
degree and effect of dust or noise as a result of the proposed operation; the
practical possibility of restoration of the site; the effect of the proposed
operation on the natural beauty, character, tax base, land value and land uses
in the area; and particular consideration for future residential use. Town Board
determination regarding the issuance or denial of a renewal of a conditional
use permit shall be based particularly on the evaluation of the affect of the
continuance of the use in relation to changing conditions in the area. Where
renewal is denied, the reason for denial shall be presented to the applicant in
writing.
6. Performance Standards.
a. Location.
(1) A sand and gravel removal use shall
take direct access via a road meeting the requirements of Paragraph e. below.
(2) No sand and gravel extraction
operation shall be located in a wetland or 100-year recurrence interval
floodplain.
(3) The exterior wall elevation of a
sand or gravel extraction use shall be at least four (4) feet above the
100-year recurrence interval flood elevation.
b. Operations. Sand and gravel
removal operations shall meet all development and performance standards of this
Ordinance and all other applicable local, state, and federal regulations.
c. Minimum Required Setbacks.
1) The excavation or extraction use
wall shall not be located within one hundred twenty-five (125) feet from any
public street right-of-way.
2) The setbacks listed in Table
3.0603(J) are required from the periphery of the subject property to any
disposal area, excavation, or extraction use wall, or storage area on the
subject property. Setback distance is dependent upon both the zoning and land
use district designation of adjacent property as set forth in the Town of
3) No sand and gravel removal operation
shall be permitted if thirty (30) or more residents reside within a
three-quarters (3/4) of a mile of the proposed site, such measurement to be
made from the nearest property line point of the property occupied by the
resident to the nearest property line point of the site of the proposed sand
and gravel removal operation.
d. Grading. All disposal areas
and excavations shall be graded in a way that provides an area which is
harmonious with the surrounding terrain and not dangerous to human or animal
life.
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Table 3.0603(J)
MINIMUM REQUIRED SETBACKS FROM ABUTTING
ZONING AND PLANNED LAND USE DISTRICTS
FOR SAND AND GRAVEL EXTRACTION OPERATIONS
|
Zoning and/or Planned Land Use
District of Abutting Property |
Minimum, Required Setback from Zoning and/or Land Use
District Boundary Line (whichever is greater) |
|
Any private access road or building |
1,000 feet |
|
Any building not on-site and not owned by the sand and
gravel removal operation |
1,000 feet |
|
A-4, A-5,
R-1, R-2, R-3, and R-4 Districts (not owned by the sand and gravel removal operation) |
1,000 feet |
|
A-4, A-5,
R-1, R-2, R-3, and R-4 Districts (owned by the sand and gravel removal operation) |
300 feet |
|
B-1 District |
300 feet |
|
I-1 District |
1,000 feet |
|
P-1 District |
1,000 feet |
|
M-1 District |
300 feet |
|
A-1, A-2, and A-3 Districts |
300 feet |
|
FW, FF, GFP, SW, R-R, and GP Districts |
75 feet |
(1) Excavations shall be graded
and backfilled to the grades indicated by the site plan. Grading and
backfilling shall be accomplished continually and when practicable after
excavation. Grading and backfilling may be accomplished by use of construction
rubble such as concrete or other materials, provided such materials are
composed of non-noxious, noncombustible solids.
(2) Grading and backfilling shall be
accomplished so that the slope of the fill or its cover shall not exceed the
normal angle of slippage of such material, or thirty-three (33) degrees in
angle, whichever is less. During grading and backfilling, the setback
requirements in Paragraph c. above may be reduced so that the top of the graded
slope shall not be closer than twenty-five (25) feet to any lot line,
seventy-five (75) feet to any street line, nor within one hundred (100) feet of
any delineated environmental corridors or isolated natural areas or residential
portion of a Town-approved "Open Space Subdivision" or residential
zoning or land use district boundary line.
(3) When excavations which provide for
a body of water are part of the final use of the tract, the banks of the
excavation shall be sloped to a minimum ratio of seven (7) feet horizontal to
one (1) foot vertical, beginning at least fifty (50) feet from the edge of the
water and maintained into the water to a depth of five (5) feet.
(4) Drainage shall be provided, either
natural or artificial, so that disturbed areas shall not collect nor permit
stagnant water to remain.
e. Access. Truck access to any
disposal area or excavation shall be so arranged as to minimize danger to
traffic and nuisance to surrounding properties and to ensure the quality of
public roads. No extraction facility shall be allowed to take access through a
residential street. Approved access streets and highways shall meet Town,
County,
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or Wisconsin
Department of Transportation specifications (whichever is applicable based upon
the jurisdiction of the street or highway) for base and pavement or shall be
improved by the operator to such specifications. There shall be a minimum of
five hundred (500) feet of sight distance at the entrance to the facility.
7. Operational Requirement: The
following operational requirements shall be met:
a. Fencing, Berms, or Other Suitable
Barrier Required. Fencing, berms or other suitable barrier shall be erected
and maintained around the site or around portions of the site where in the
determination of the Town Plan Commission such fencing or barrier is necessary
tor the protection of the public, and shall be of a type approved by the Town
Plan Commission.
b. Machinery and Equipment. All
machinery and equipment used in sand and gravel removal operations shall be
constructed, maintained and operated in such manner as to minimize dust, noise
and vibration. Access and haulage roads on the site shall be maintained in a
dust free condition by surfacing or treatment as directed by the Town Board.
c. Landscaping. The planting of
trees and shrubs and other appropriate landscaping shall be provided where
deemed necessary by the Town Plan Commission to screen the operation so far as
practical from the public right-of-way, and generally to minimize the damaging
effect of the operation on the beauty and character of the surrounding
countryside. Such planting shall be started as soon as practical, but not later than one year after sand and gravel removal
operations have begun. The landscaping standards set forth under Division
5.0300 of this Ordinance are the minimum standards to be met.
d. Hours of
Operation. Sand and gravel removal operations shall not begin before the
hour of
e. Damage to Town Roads. The
applicant shall route all vehicles in a manner that will not damage Town roads.
The applicant shall provide to the Town a bond written by a licensed surety
company, a certified check, or other financial guarantee satisfactory to the
Town Board in an amount sufficient to repair damages to the Town roads caused
by vehicles using the sand and gravel removal operation.
8. Plans Required.
a. Plan of the General Area Required.
Plan of the general area (within a six hundred [600] foot radius of the site)
shall be prepared at a scale of one thousand (1,000) feet to the inch or less,
with a ten (10) foot contour interval or less, to show:
(1) Existing Data.
(a) Location of proposed site.
(b) Land use pattern including all
building locations and historical sites.
(c) The width, weight loads, types of
surfaces and traffic data for all public streets.
(2) Site and Geological Data.
(a) Soil and geology with soil borings
on a five hundred (500) foot grid.
(b) Surface drainage patterns and
watercourses.
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(c) General groundwater movements and
aquifer information.
(d) Aquifer recharge
data.
(e) Vegetation cover in the site and
dominant species noted.
(f) Climate, precipitation, predominant
wind direction, and percentage of time.
(3) Proposed Operation of the Site.
(a) Type of material to be removed.
(b) Annual removal rate.
(c) Method of extraction, including
types of equipment and use of conveyors.
(d) Supplementary processes, drying,
grading, and mixing.
(e) Estimated life of the operation and
maximum extent of area disturbed, final depths, and side wall slopes.
(f) Sediment erosion control plan
meeting the requirements of this Ordinance.
(4) Other required plans and
data.
b. Plan of the Proposed Site.
Plan of proposed site at a scale of one hundred (100) feet to the inch or less,
with a two (2) foot contour interval or less, to show:
(1) Basic Data.
(a) Soils and geology, with soil
borings on a one hundred (100) foot grid for storage facility areas.
(b) Detailed site-specific surface
drainage patterns.
(c) Detailed groundwater movements and
aquifer information.
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(d) Detailed site-specific vegetation,
with dominant species noted.
(2) Proposed Usage.
(a) Interior road pattern, its relation
to operation yard and points of ingress and egress to local, State and County
streets and highways.
(b) Ultimate use and ownership of site
after completion of operation.
c. Plan of Operation Required. A
plan of operation is required showing:
(1) Proposed tree and earthen
berm screen locations as well as landscape plans for all required bufferyards
(see Division 5.0300).
(2) Soil embankments for noise, dust,
and visual barriers, and heights of spoil mounds.
(3) Method of disposition of excess
water during operation.
(4) Machinery, type and noise levels.
(5) Safety measures and monitoring of
complaints.
(6) Street, road and drive pattern.
(7) Final contours of area after
extraction or disposal has been completed and prior to restoration.
(8) Estimated amount and description of
aggregate and overburden to be removed.
(9) Source of water if used.
(10) Location for storage of
aggregate and overburden.
(11) Sedimentation and erosion control
plan during operations.
(12) A plan for the continued
maintenance of the Town roads used.
d. End Use Plan and
Restoration Requirements.
(1) An end use plan for the
rehabilitation of the site after the extraction operation is completed shall be
submitted and must be approved by the Plan Commission. Such plan shall show and
provide for either a final end use or an open space use. If it is to be an open
space use, documentation as to who shall own and maintain such site or
restrictive easements must be pre-sented as well as a final contour and site
plan submittal. If there is an end use other than open space, then engineering
data on the length of time needed for the restoration work to settle
sufficiently to provide a stable base for the proposed end use shall be submitted. For all such uses, proper legal documents must be
presented that outline:
(a) Post operation maintenance
procedures.
(b) Legal responsibility for any
environmental pollution that occurs even if after the facility is closed.
(c) Financial ability to clean up any
possible pollution that occurs even if
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after the facility
closed.
(d) Final contours of area after
extraction or disposal has been completed and before restoration.
(e) The owner or operator shall
submit a plan for progressive restoration as the operation is being carried on.
(2) To ensure that the area of
extraction operation shall be restored to a condi-tion of practical usefulness
and reasonable physical attractiveness, the owner or operator shall, before the
issuance of a Conditional Use Permit, submit to the Plan Commission a plan for
such restoration in the form of the following:
(a) An agreement with the Town of
(b) A physical restoration plan showing
the existing and proposed contours at two (2) feet and at Ozaukee County
Vertical Datum after restoration, plantings and other special features of
restoration, and the method by which such restoration is to be accomplished.
(c) A bond, written by a licensed
surety company, a certified check, letter of credit, or other financial
guarantee in a form satisfactory to the Town Attorney and in an amount
sufficient in the opinion of the Town Engineer to secure the performance of the
restoration agreement.
i. If the applicant fails to fulfill
the agreement, such bond, check, or other financial guarantee shall be deemed
forfeited for enabling the Town of
ii. Restoration shall proceed when
practicable and at the order and direction of the Town Engineer. The required
bond in such case may cover progressive stages of the restoration for periods
of not less than two (2) years.
iii. At any stage during the
restoration, the plan may be modified by mutual agreement between the Town of
iv. Where there is any backfilling, the
material used or method of fill shall not be such as to create a health hazard
or which would be objectionable because of odor, combustibility, or
unsightliness. In any case, the finished condition of the restored area except
for rock faces, outcroppings, water bodies, or areas of proposed building or
paving construction, shall be of sufficient depth of earth to support plant
growth.
v. Within one (1) year after the cessation
of the operation, all temporary structures (except fences) and equipment shall
be removed; stockpiles, rubble heaps or other debris shall be removed or
backfilled into excavation, to leave the premises in a neat and orderly
condition, and covered with a minimum of two (2) feet of earth including four
(4) inches of topsoil.
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vi. In any restoration procedure which
takes place in sand or gravel pits or on other sites where the material is of a
loose or friable nature, no slope shall be left which is steeper than a ratio
of three (3) horizontal to one (1) vertical. In no case shall any slope exceed
the normal angle of slippage or repose of the material involved.
vii. In addition, all restoration shall
be in conformance with the construction site erosion control requirements of
this Ordinance.
(3) Planting.
(a) When planting is the final use to
which the property is put, all that is not covered by water shall be covered
with a sufficient amount of arable soil to support vegetation. A landscape
planting plan shall be prepared for the entire finished property using various types
of plant material that prevent soil erosion and provide vegetative cover.
(b) When buildings are proposed as part
of the final use to which the tract is put, planting in areas adjacent to
proposed buildings shall be planted with a vegetative cover in keeping with the
requirements of the ultimate building purposes.
(c) All bufferyards and associated
plantings required under the provisions of Division 5.0300 of this Ordinance
shall be met.
9. Inspections. The Zoning
Administrator, Plan Commission, or a committee appointed by the Plan
Commission, may periodically conduct an inspection of sand and gravel removal
operations to ascertain whether or not the requirements of this Ordinance and
any previously agreed upon conditions are being met.