Town of Pittsfield, WI Article X Earth Excavation

§ 275-57 General.

A. Hereinafter, all excavations of sand, gravel, clay, silt, loam, rock, stone, muck, dirt, soil, and other earth materials shall come under jurisdiction of this chapter. The operation of sand pits, gravel pits, and rock quarries shall come under jurisdiction of the Brown County Nonmetallic Mining Ordinance.

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

§ 275-58 Exemptions.

The following uses shall be exempt from the provisions of this chapter:

A. 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.

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

§ 275-59 Permit.

A. Application for a permit to excavate or remove earth material shall be made to the Pittsfield Town Board by the property owner of his/her assigned agent. Application form shall be provided by the Town of Pittsfield.

B. Application shall contain required information as specified in § 275-60 of this chapter.

C. Upon receipt of application and accompanying excavation plan, the Town Board may or may not inspect the site identified on the plan. Following site inspection, the Town Board shall approve the plan and grant the permit only when it is satisfied the conditions specified in § 275-60, Site plans, and § 275-64, Other requirements, will be complied with in undertaking the extraction. Said approval shall be made within 30 days of application date.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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

E. An annual permit fee as provided in the Town Fee Schedule[2] 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.[3]

[2] Editor's Note: The Fee Schedule is on file in the Town offices.

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 275-60 Site plans.

The following information shall be required on a site plan prior to issuing an earth extraction permit:

A. 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.

B. 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.

C. Existing and proposed surface water drainage.

D. Proposed regrading and revegetation of site after excavation.

E. Truck and machinery access.

F. Types and location of buildings to be erected on site.

G. Approximate total amount of earth material to be excavated.

H. Approximated number of trucks and other machinery to be used.

I. Hours of operation, which shall be restricted to within the hours between sunrise and sunset.

§ 275-61 Trucks and machinery.

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

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

§ 275-62 Material handling.

A. 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.

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 any residential dwelling.

§ 275-63 Excavation sites. [1]

The excavation of earth materials shall be allowed as a conditional use in all zones, except that in agriculture districts it may be done only if it is in compliance with Wis. Stats. § 91.46(6).

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 275-64 Other requirements.

A. At all times, 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 excavation and removal operations are no longer used, as determined by the Town Board, the excavated area shall be graded so that no gradients in disturbed earth shall be steeper than a slope of three to one (horizontal-vertical), except hard rock quarries. 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.

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 Zoning Ordinance for Brown County shall also apply.

E. Town Board members or designees of the Town Board shall be allowed on the premises during scheduled operating hours for inspection purposes.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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

G. To allow for ease in rehabilitation of site, the operator may begin sloping, 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.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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

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

J. Any excavation operation necessitating blasting or the use of explosives shall be considered a conditional use requiring a public hearing to be held concerning the same.

K. 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 Town Board.