Except as is expressly provided in this chapter
to the contrary, no person shall commence, conduct or engage in any
blasting operation, or conduct or engage in any related activities,
without a valid and effective blasting operation license issued pursuant
to this chapter.
With respect to ongoing blasting operations
that were commenced prior to the effective date of this chapter and
which were active and actual on such date, the operator shall have
60 days from the effective date of this chapter to submit an application
for a license. The Village Board may extend such time upon good cause
shown. During such period, and during any extension thereof, the operator
of any such blasting operation shall be deemed to have an interim
license, subject to all of the minimum standards and requirements
of this chapter. A timely application submitted by the operator of
such a blasting operation shall be treated as an interim license,
subject to all of the minimum standards and requirements of this chapter,
until such time as the Village Board acts upon the application.
The application for a blasting operation license
shall be submitted to the Village Clerk on forms provided by the Village,
together with the appropriate application fee. The application for
a blasting operation license shall be signed by the applicant and
shall be accompanied by the following information and materials (which
may be combined, so long as the required information is presented
in a clear and understandable manner):
A.
Name, address, telephone number. The name, address
and telephone number of the operator, and the name, address and telephone
number of the owner(s) of the proposed controlled blasting site area,
or any part thereof, if the operator is not the owner.
B.
Standing. A copy of the operator's deed, contract
to purchase, lease or other agreement or document authorizing the
operator to conduct a blasting operation on the blasting site and
to exercise the requisite degree of control over the proposed controlled
blasting site area. The expiration date, if any, of such authorization
shall be clearly stated on the face of any such document.
C.
Description; acreage. A legal description, or other
description or depiction satisfactory to the Village Board, of the
proposed blasting site and of the proposed controlled blasting site
area, and the total number of acres included in the blasting site
and the controlled blasting site area.
D.
Other permits or licenses. A list of all other current
blasting operations of the operator, including those that have been
terminated within the past three years, and with respect to each,
the name, address and telephone number of each permitting or licensing
entity.
E.
General location map. A map of the community showing
the general location of the controlled blasting site area.
F.
Survey scaled drawing or aerial photograph. Five copies
of a survey, scaled drawing or scaled aerial photograph, at a scale
of not less than one inch equals 200 feet, showing the following:
(1)
The boundaries of the blasting site.
(2)
The boundaries of the controlled blasting site area.
(3)
Location (and names, if applicable) of all streams,
lakes, ponds or other bodies of navigable water, floodplains, wetlands,
primary environmental corridors, streets or highways, railroads, utility
lines and pipelines within the boundaries of the controlled blasting
site area or within 300 feet thereof.
(4)
Location of all inhabited structures within the boundaries
of the controlled blasting site area or within 300 feet thereof.
G.
Zoning. Zoning of the controlled blasting site area
and of all properties within 300 feet of such boundaries.
H.
Photographs. Photographs (eight inches by 10 inches)
of the blasting site and of those aspects of the controlled blasting
site area and its surroundings which will assist the Village Board
in understanding the potential adverse impacts of the blasting operation
and the proposed methods of eliminating or controlling such adverse
impacts and, if available, an aerial photograph of such area and its
surroundings (usually available from the Southeastern Wisconsin Regional
Planning Commission).
I.
Operations plan. An operations plan, consisting of
maps, diagrams, narrative documents and/or other materials, describing
and explaining in detail the nature and purpose of the proposed blasting
operation, the methods and procedures to be used in blasting, the
methods and procedures to be used in eliminating or minimizing any
potential adverse effects of the proposed blasting operation, and
a proposed timetable for completion of the proposed blasting operation,
which plan shall contain, without limitation, the following:
(1)
Type and approximate volume of material to be blasted.
(2)
Type of explosive materials and initiation system
to be used.
(3)
Timetable for the commencement and, to the extent
practical, duration and cessation of the blasting operation and, if
seasonal operations are intended, the months during which the operation
will be conducted.
(4)
Anticipated hours and days during which the blasting
operation will be conducted.
(5)
A detailed description and explanation of all methods
that will be used to control and monitor flyrock.
(6)
A detailed description and explanation of all methods
that will be used to control and monitor ground vibrations.
(7)
A detailed description and explanation of all methods
that will be used to control and monitor airblast.
(8)
A detailed description and explanation of all methods
that will be used to control and monitor other noise associated with
the blasting operation.
(9)
A detailed description and explanation of all methods
that will be used to control and monitor dust associated with the
blasting operation.
(10)
A detailed description and explanation of the
methods that will be used to control access to and otherwise assure
the safety of persons and property within the controlled blasting
site area.
(11)
If the blasting is proposed to be conducted
below the surface of the ground, the observed or estimated depth of
groundwater, together with a description of the location(s) and date(s)
of any observations and the basis for any estimates.
(12)
If the blasting or the shattering effects thereof
on the rock or other material being blasted will be below the level
of the groundwater, a detailed description and explanation of how
the operator will avoid any drawdown or pollution of groundwater that
may adversely affect nearby wells, and a detailed description and
explanation of all methods used to monitor the effects of the operation
on the groundwater table.
(13)
A detailed statement of the following:
(a)
The beneficial aspects of the proposed blasting
operation.
(b)
The potential adverse impacts of the proposed
blasting operation on humans residing, working or otherwise present
in the vicinity of the proposed blasting operation which cannot be
totally eliminated by proposed control measures.
(c)
The potential adverse environmental impacts
of the proposed blasting operation which cannot be totally avoided
by proposed control measures.
(d)
The potential adverse economic impacts of the
proposed blasting operation on neighboring property owners or the
Village which cannot be totally avoided by the proposed control measures.
(14)
A detailed, step-by-step description and explanation
of all aspects of the proposed blasting operation and methodology,
including, without limitation and as applicable, drilling procedure
(and how the burden and depth of holes will be measured), benching,
the initiation system, type and sequencing of delays, the explosives
used and a full description of a typical proposed production shot,
if applicable, including the height of the face, number of holes,
size of holes, burden, spacing and maximum pounds of explosives per
delay.
(15)
A detailed plan for the storage, handling and
use of explosives. Any such proposed procedures shall comply with
all federal, state and local regulations.
(16)
Map, diagram and/or narrative describing in
detail the sequential stages of the blasting operation, if any, or,
if no stages are planned, a detailed description of how the operator
plans to proceed with the blasting operation.
(17)
A plan describing and explaining in detail the
handling of all water in the blasting site.
(18)
A detailed map or diagram and description of
the location, type, height and installation of proposed fencing.
(19)
A detailed description and explanation of the
methods by which the operator proposes to determine whether the proposed
blasting operation has damaged or diminished the value of nearby properties,
including, for example, periodic evaluation of structures, wells and
market value, and whether the operator is willing to reimburse nearby
property owners for any such losses.
(20)
A detailed description of all structures or
areas of archeological or historic interest within the boundaries
of the controlled blasting site area, and a detailed explanation of
whether and to what extent the operation will affect such structures
or areas.
(21)
Any other information or materials required
to demonstrate that the proposed blasting operation will result in
no significant loss, harm or damage to neighboring property owners,
to the Village or to the public health, safety and welfare, nor any
serious risk of any such loss, harm or damage.
(22)
In the event that the proposed blasting operation is a quarry operation for which a permit is required under Chapter 270, Quarries and Nonmetallic Mining Operations, and/or under Chapter 420, Zoning Ordinance, of the Village Code, documents submitted in connection with such permit application(s) can be referred to and incorporated by reference to the extent such documents are accurate and responsive.
J.
Additional information. The Village Board and its
designees may require the submittal of such additional information
or documents as may be necessary or desirable to determine the nature
and extent of the proposed blasting operation, the potential adverse
impacts of such operation on neighboring property owners or their
property, persons residing, working or otherwise present in the vicinity
of the proposed operation, or the Village in general, and the appropriate
methods to eliminate or mitigate potential adverse impacts of the
operation.
K.
Waiver of application requirements. The Village Board
may waive any specified information or documents required to be submitted
with the application for a license, if it is satisfied that such information
or documents are not relevant or are unnecessary to a full and effective
evaluation of the proposed blasting operation, or if the cost of producing
certain information or documents is unreasonable in comparison to
the usefulness of the information or documents in the evaluation process.
The Village Board's designees may preliminarily waive any such information
requirements on the same grounds, but such a preliminary waiver may
be reversed by the Village Board. In determining whether to waive
application information requirements, the Village Board and its designees
shall take into account, without limitation, the nature, extent and
duration of the proposed blasting operation, the surrounding existing
and anticipated land uses, and whether and to what extent the potential
adverse impacts of the operation are known because the operation preexisted
the effective date of this chapter. It shall be the obligation of
the applicant to request in writing any such waiver. Such request
shall set forth the justification for such waiver.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The fee for an initial or renewed blasting operation
license or a temporary blasting operation license shall be as established
in the Village Fee Schedule.
Upon receipt of a complete license application,
the Village Clerk shall refer the application to the Village Plan
Commission for its recommendations and schedule a public hearing on
the application before the Village Board. Notice of the public hearing
shall be published as Class 1 notice in a newspaper of general circulation
within the Village and posted. In addition, notice of the public hearing
shall be mailed to the operator, the owner(s) of the proposed controlled
blasting site area, and to the last known address of all owners of
real property located within 300 feet of the boundaries of the blasting
site. This requirement of actual notice to persons other than the
operator and the owner(s) of the proposed controlled blasting site
area is precatory, and the failure to mail or receive such notice
shall not invalidate any action taken by the Village Board. At the
hearing, the Village Board shall hear and receive information or recommendations
presented by the Village Plan Commission, staff, and consultants,
information presented by the applicant or the applicant's authorized
agents and consultants, and information presented by members of the
public. If the Village Board determines that additional time or information
is required, the public hearing may be adjourned or continued from
time to time at the direction of the Board. The applicant shall be
given an opportunity to respond to any adverse information or recommendations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
After the hearing, the Village Board shall either grant or deny the license application on the basis of express findings and conclusions. The Village Board may condition any license granted upon compliance with specified operational requirements, including without limitation the minimum requirements of this chapter, except as such requirements may be appropriately varied by the Board under § 132-21, and the requirements of all other applicable federal, state, and local statutes, rules, regulations, ordinances and permits relating to blasting. The Board may impose requirements which are in addition to or more stringent than the minimum requirements of this chapter and shall consider the imposition of such requirements if the controlled blasting site area or any part thereof is within, adjacent to or less than 300 feet from a residential zoning district. In granting a license, the Board shall specify all aspects of the proposed blasting plan which are not approved. No application shall be granted unless the Board first finds that the approved operation, as conditioned, will result in no significant loss, harm or damage to neighboring property owners, to the Village, or to the public health, safety or welfare, nor serious risk of any such loss, harm or damage. In deciding upon an application regarding a blasting operation that preexisted the effective date of this chapter and was active and actual on the effective date of this chapter, the Village Board shall take into account the nature, extent, circumstances and past performance of the operation and shall modify the requirements of this chapter to the extent necessary to ensure that the license requirements are reasonable under the particular circumstances.
Licenses shall be granted by the Village Board
for a maximum term of two years for ongoing blasting operations or
operations that will be conducted for a period of more than 15 days
or will be recurring from time to time in essentially the same location.
Licenses may thereafter be renewed by the Board for successive terms
of not more than two years each. Temporary licenses may be granted
by the Village Board for a maximum term of 15 days, which may be extended
in writing, upon good cause shown, by the Village Administrator for
a period not to exceed seven days. Any license issued pursuant to
this chapter shall automatically terminate upon the abandonment of
the blasting operation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Applications for the renewal of a license shall
be filed with the Village Clerk not later than 45 days prior to the
expiration date. Applications for the extension of a temporary license
shall be filed with the Village Clerk prior to the expiration of the
temporary license. Any information or materials required for an initial
license application shall be supplied with the application for the
renewal to the extent that such information or materials were not
supplied with the previous application or to the extent that the previously
supplied information or materials are out of date or no longer accurate
and complete. The applicant for a renewal license shall certify that
any previously submitted information or materials that are not updated
or resubmitted continue to be accurate and complete. Such an application
shall be processed in the same manner as an initial license application.
In the event that a timely renewal application is not decided by the
expiration date of the license, the license shall be deemed to be
extended to the date of the Board's decision.
In the event that the operator desires to make
any substantial modification in the licensed blasting operation, the
operator shall file with the Village Clerk an application for an amendment
of the license, together with the appropriate fee. Such application
shall describe in detail the proposed modification; explain the effects
of the proposed modification; supplement and update the information
and materials submitted with the prior application; and make the certification
required for renewal applications. Such an application shall be processed
in the same manner as an initial license application.
As a condition of any blasting operation license
issued pursuant to this chapter, the Village Board shall require,
and the operator shall deposit with the Village prior to the issuance
of the license, an irrevocable letter of credit, cash, a bond or other
security in an amount adequate to secure the obligation of the operator
to perform conditions imposed by the Village Board, when compliance
cannot reasonably be assured by the usual enforcement procedures or
when the Village may reasonably be exposed to substantial cost or
liability in the event of noncompliance. Any security instrument shall
be in a form satisfactory to the Board or its designees and shall
be issued by a person satisfactory to the Board or its designees,
but the Board's approval shall not be unreasonably withheld. Any cash
deposited with the Village shall be deposited in a segregated interest-bearing
account and shall be used only for the purposes specified in this
section. Any security shall be promptly released or returned to the
operator, with any accrued interest, upon the termination of the blasting
operation, less any costs incurred by the Village. The termination,
expiration, or release of a security instrument or security deposit,
in the absence of a renewal or replacement thereof or the making of
other arrangements satisfactory to the Village Board, shall be grounds
for suspension or revocation of the operator's license.
Licenses issued under this chapter may be transferred
only with the prior written approval of the Village Board. Such approval
shall not be unreasonably withheld, but the Board shall not approve
any transfer in the absence of satisfactory arrangements regarding
security and the prompt correction of any prior failure to comply
with license requirements, and satisfactory assurances of future compliance.
The Village Board, after notice to the operator and a hearing, may suspend a license if it finds that the operator is guilty of a pattern of repeated violations after similar violations have been brought to the attention of the operator, or of violations involving a serious risk of personal injury, substantial property damage or substantial harm to the public health, safety or welfare, or for the reasons set out in § 132-18 of this chapter, and may deny renewal of a license or revoke a license if it finds that the operator is guilty of a pattern of repeated violations involving a serious risk of personal injury, substantial property damage or substantial harm to the public health, safety or welfare.
A.
The Village Board may grant variances from the literal
requirements of this chapter, when it is not otherwise expressly authorized
to modify requirements, after publication of a Class 1 notice and
a public hearing, if it finds that:
(1)
Because of special conditions, a literal enforcement
of the requirements of this chapter will result in practical difficulties
or unnecessary hardship;
(2)
Granting a variance will not result in any significant
loss, harm or damage to neighboring property owners or to the Village;
and
(3)
The spirit of this chapter will be observed by the
variance, the public health, safety and welfare will be secured and
substantial justice will be done.
B.
Specific conditions may be imposed by the Board upon
the grant of any variance.
