Village of Pleasant Prairie, WI
Kenosha County
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Table of Contents
Table of Contents
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, of the Village Code and/or under Chapter 420, Zoning Ordinance, 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 permit, 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.
The fee for an initial blasting operation license or a renewed license involving substantial changes in the operation shall be $3,000. The fee for a renewed blasting operation license not involving substantial changes in the blasting operation shall be $500. The fee for a temporary blasting operation license shall be $1,000. The fee for an amendment of a blasting operation license shall be $1,000.
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.
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 permit 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 permit, 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.
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 is not updated or resubmitted continues to be accurate and complete. Such an application shall be processed in the same manner as an initial permit 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.