DCPCUP-0000-01084 - Laserfiche WebLink

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, enjoyment of other properpty in the neighborhood and the community or be detrimental to or endanger the public health, safety, comfort, and general welfare of the community within the meaning of the County's Zoning Ordinance; and WHEREAS, the Town Board finds that the proposed use as modified is consistent witn agricultural use pursuant to Section 91 .75 (5) of the Wisconsin Statutes; NOW, THEREFORE, in consideration of the terms and covenants contained in this agreement the parties agree as follows : 1 . Description of Premises . The following is the legal description of the Property to be used for mineral extraction: West One Half (1/2) of the Southwest one quarter (1/4) of the Northeast one quarter (1/4) of Section 11, Town 9 North, Range 9 East, Dane County, Wisconsin. 2 . Use. The mineral extraction operations to be conducted on the Property shall include the removal of sand by excavating, stripping or leveling. These operations include reasonable accessory uses for mineral extraction, including, but not limited to, stockpiling and sale of sand, but shall not include blasting or crushing. 3 . Term. The initial five (5) year term of the CUP is about to expire. This Agreement shall commence on the date the Amended CUP is issued by Dane County (the "Commencement Date" ) and shall continue in effect for a term of five (5) years, and shall be automatically renewed for two (2) succeeding five (5) year terms so long as : (1) the Amended CUP is in effect, (2) there is no uncured default existing at the time the CUP renewal is either applied for or is granted by Dane County, and (3) the Operator has not engaged in a pattern of flagrant or repeated violations of the terms of this Restated Agreement or the Amended CUP during the prior term. This Restated Agreement shall be reviewed by the Town Board in conformance with the provisions of sections 4 through 11 of this Restated Agreement to insure compliance with its terms . The Town Board is encouraged to review compliance with the terms of this Restated Agreement at least every three (3) years . The quarry is anticipated to be opened for approximately an additional fifteen (15) years, given current market conditions . 4 . Description of Operations . The quarry will be used to produce sand for various purposes . The quarry operations will consist of : (a) removing topsoil and overburden to form berms at the perimeter of the quarry for the purpose of noise reduction, landscaping and reclamation, (b) excavation below the groundwater -2-