Village of Cottage Grove, WI
Dane County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Cottage Grove 11-20-2000 by Ord. No. 13-2000. This ordinance also repealed former Ch. 176, Fires and Blasting, adopted 7-2-1984 as Secs. 11.03 and 11.10 of the 1984 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 130.
Explosives — See Ch. 167.
Fireworks — See Ch. 179.

§ 176-1 General prohibition.

All setting of fires or blasting on any land in the Village is prohibited herein.

§ 176-2 Exceptions.

[Amended 11-20-2006 by Ord. No. 16-2006]
A. 
Regulation of fires. Setting of fires shall be allowed subject to the following situations:
(1) 
All applicable state regulations are followed.
(2) 
The burning shall:
(a) 
Take place at least 12 feet from any building.
(b) 
Be under the direct supervision of the property owner or designee who shall further have a working ABC class fire extinguisher at the site of the fire.
B. 
Setting of fires.
(1) 
Any wood/charcoal may be burned in enclosed receptacles premanufactured for that purpose.
(2) 
The burning of standing or razed buildings, or fires which have been set under the control and supervision of the Fire Chief, are permitted if approved in writing by the Fire Chief or his/her designee.
(3) 
Fires set for the sole purpose of cooking food are permitted in receptacles premanufactured for that purpose.
C. 
Regulation of blasting and/or rock crushing.
(1) 
Purpose. The purpose of this subsection is to limit permissible levels of blasting resultants to assure that blasting resultants do not cause annoyance to persons or property outside any controlled blasting site area. The purpose is not to prevent damage, as the State Code Ch. COMM 7, Wis. Admin. Code provides for this factor, but to limit annoyance.
(2) 
Scope and intent. The requirements of this subsection are intended to apply to all quarry-blasting activities within the Village of Cottage Grove and to supplement the requirements of Ch. COMM 7, Wis. Admin. Code. Blasting activities in the Village of Cottage Grove must comply with the provisions of this subsection in addition to the requirements of Ch. COMM 7 Wis. Admin. Code and all subsequent amendments adopted by reference.
(3) 
Definitions. The following definitions shall apply in this subsection:
AIRBLAST
An airborne shock wave resulting from the detonation of explosives.
ANNOYANCE
Any injurious effect on the safety, health or morale of the public, or use of property, which works some substantial annoyance or inconvenience to the public.
BLASTING
Any method of loosening, moving or shattering masses of solid matter by use of an explosive.
BLASTING OPERATION
Any operation, enterprise or activity involving the use of blasting.
BLASTING RESULTANTS
The physical manifestations of forces released by blasting, including but not limited to projectile matter, vibration and concussion, which might cause injury, damage or annoyance to persons or property located outside the controlled blasting site area. Blasting resultants shall be the measured levels (recorded) for vertical, horizontal and transverse directions.
CONTROLLED BLASTING SITE AREA
The area that surrounds a blasting site and:
(a) 
Is owned by the operator; or
(b) 
With respect to which, because of property ownership, an employment relationship or an agreement with the property owner, the operator can take reasonably adequate measures to exclude or to assure the safety of persons and property.
FLYROCK
Rock that is propelled through the air from a blast.
GROUND VIBRATION
A shaking of the ground caused by the elastic wave emanating from a blast.
INHABITED AREA
An area where the inhabitant or inhabited building is subject to blasting resultants.
INHABITED BUILDING
A building regularly occupied in whole or in part as a habitation for human beings, or any church, schoolhouse, railroad station, store or other structure where people are accustomed to assemble, except any building or structure occupied in connection with the manufacture, transportation, storage or use of explosive materials.
OPERATOR
The person who is responsible for a blasting operation at a blasting site.
PARTICLE VELOCITY
Any measure of ground vibration describing the velocity at which a particle of ground vibrates when excited by a seismic wave.
PERSON
Any individual, corporation, company, association, firm, partnership, society or joint-stock company.
VILLAGE
The Village of Cottage Grove, Dane County, Wisconsin.
(4) 
Preblasting notification requirements. The operator shall comply with the following notification requirements:
(a) 
Affected dwellings or other structures. At least 24 hours before initiation of blasting, the operator shall notify all residents or owners of affected dwellings or other structures on how to request a preblasting survey. Affected dwellings or other structures shall be determined as provided in Section COMM 7.61, Wis. Admin. Code.
(b) 
Local Police and Fire Department. Any person conducting blasting operations in the Village of Cottage Grove shall notify the Cottage Grove Police Department and Cottage Grove Fire Department of the time and location of the blast prior to undertaking blasting. Notification shall be made on forms from COMM (Appendix F, COMM 7, Wis. Admin Code).
(5) 
Notification of injury or violation. The operator shall notify the Cottage Grove Chief of Police within two business days of occurrence of any blast resulting in bodily injury, death or violation of the blasting resultant limits specified in Section COMM 7.64, Wis. Admin. Code.
(6) 
Instrumentation and data. All seismographs used for compliance with this subsection shall meet the requirements of COMM Paragraph 7.63 and:
(a) 
Record acceleration, (g) ft/sec2 over a range of 0.0010 to 0.5000 ft/sec2.
(b) 
Record the United States Bureau of Mines Peak Particle Velocity PPV vs. frequency and record the individual data distribution points for the three directions for each blast period of the event. The three directional waves to be recorded cover transverse, longitudinal and vertical.
(7) 
Control of adverse effects. Blasting shall be conducted so as to prevent injury and annoyance to persons and damage to public or private property outside the controlled blasting site area.
(a) 
Airblast.
[1] 
Limits. Airblast shall not exceed the maximum limits listed in Table A below, at the location of any dwelling, public building, place of employment, school, church or community or institutional building outside the controlled blasting site area.
Table A
Airblast Limits
Lower Frequency Limit of Measuring System, in Hz
Maximum Level, in dB
2 Hz or lower -- flat response
133 peak
6 Hz or lower -- flat response
129 peak
(b) 
Monitoring.
[1] 
The operator shall monitor each blast to ensure compliance with the airblast standards. Airblast shall be measured by the seismograph at the location where the seismic measurements are taken.
[2] 
A measuring system with an upper-end flat frequency response of at least 200 Hz shall be used.
(c) 
Flyrock. Flyrock traveling in the air or along the ground:
[1] 
Shall remain within the controlled blasting site area; and
[2] 
Shall not be cast from the blasting site more than 1/2 the distance to the nearest inhabited building within or outside of the controlled blasting site area.
(d) 
Ground vibration.
[1] 
The maximum ground vibration at the location of any dwelling, public building, place of employment, school, church or community or institutional building outside the controlled blasting site area shall be established in accordance with the maximum peak particle velocity limit of Subsection C(7)(d)[2].
[2] 
Maximum peak particle velocity. An operator shall not exceed the maximum ground vibration limits listed in Table B.
Table B
Peak Particle Velocity Limits
Maximum allowable peak particle velocity for ground vibration, inches per second
Type of Structure
At Frequencies Below 40 Hz1
At Frequencies of 40 Hz and Greater
Modern or older homes and structures with drywall interiors or wood lath construction for interior wall
0.30
1.0
1All spectral peaks with 6 dB (50) pct amplitude of the predominant frequency must be analyzed.
[3] 
Ground vibration shall be measured as the particle velocity. Particle velocity shall be recorded on a seismographic strip chart in three mutually perpendicular directions. The directions shall be transverse, longitudinal and vertical. The maximum allowable peak particle velocity shall apply to each of the three measurements.
[4] 
A seismographic record shall be provided for each blast, and a copy of the record for each blast shall be filed with a copy of the state blasting log. All seismographs shall be set at a trigger level of 0.02 inches per second.
[5] 
Data distribution points for each blast shall be printed below the waveform of the United States Bureau of Mines limit plot representing each individual blast of the total event indicating the three directions.
(e) 
Scaled-distance equation. An operator may use the scaled-distance equation, as defined in Section COMM 7.64(4)(c) Wis. Admin. Code, only for the purposes of determining the notification area as provided in this chapter. The scaled distance equation may not be used under this chapter to establish maximum ground vibration for blasting.
(f) 
Seismic monitoring. All measurements shall be taken at the closest building outside the controlled blasting site area. An operator must conduct seismic monitoring of all blasts.
(g) 
Permitted deviations. Notwithstanding the maximum ground vibration limits of this subsection, at each quarry blasts shall be allowed to exceed the limits of Table B for two blasts per year at a minimum to a maximum of 2% of the total blasts initiated during the six-month period from January 1 to June 30 and to 2% of the total blasts initiated during the six-month period from July 1 to December 31 without violating this subsection; provided, however, that the peak particle velocity for ground vibration produced by such blasts does not exceed 0.50 inches per second and that, after the first blast at each quarry exceeding the limit of Table B, a plan of action to reduce the peak particle velocities shall be presented to the Village to show the intent to reduce future levels to the limits of Table B. All blasting after the second deviation at the quarry shall cease until a plan of action is presented to the Village Clerk to show reduction of blasting levels and the plan has been reviewed jointly by the blaster and the Village and accepted in writing by the Village. A permit to continue blasting shall be delivered to the blaster after acceptable review requiring up to five working days. The blaster may appeal the cessation of operations according to the Village of Cottage Grove appeals process.
(h) 
Blasting log.
[1] 
Maintaining and filing. A blasting log shall be maintained for each blast fired, and the required blasting log data shall be filed with the Cottage Grove Village Clerk within 15 days after each blast. If the operator is notified that a complaint has been made to the Cottage Grove Police Department, required blasting log data shall also be provided to the Cottage Grove Department within 24 hours after the operator has been notified of the complaint. The blasting log shall consist of a copy of the State Code Ch. COMM 7 log requirements and a copy of the seismic strip chart recorded for each blast.
[2] 
Information. Each blasting log shall contain at a minimum the following items of information:
[a] 
Name and license number of blaster in charge of the blast.
[b] 
Blast location.
[c] 
Date and time of blast.
[d] 
Weather conditions at time of blast.
[e] 
Diagram of blast layout.
[f] 
Number of holes.
[g] 
Hole depth and diameter.
[h] 
Spacing.
[i] 
Burden.
[j] 
Maximum holes per delay.
[k] 
Maximum pounds of explosives per delay.
[l] 
Depth of stemming used.
[m] 
Total pounds of explosives used.
[n] 
Distance to nearest inhabited building not owned by operator.
[o] 
Type of initiation used.
[p] 
Powder factor.
[3] 
Seismographic and airblast data shall be submitted with the blasting log for each blast, and shall have a copy of the state report form with the seismic data strip chart attached. The seismographic and airblast data report shall include all of the following:
[a] 
Maximum peak particle velocities, frequencies plotted on a strip chart, with tabulated values for three mutually perpendicular directions, transverse, longitudinal and vertical, and the peak vector sum of the three measurements.
[b] 
Type of instrument and last laboratory calibration date.
[c] 
Exact location of the instrument and the date, time and distance from the blast site.
[d] 
Name of person and firm taking the reading.
[e] 
Name of person and firm analyzing the seismographic record.
[f] 
Recorded measurement of the ground vibration and airblast.
[g] 
Tabulation of recorded measurements of the transverse, longitudinal and vertical particle velocities and the vector sum of these three measurements and tabulation of recorded measurements.
(i) 
Preblast survey. A structure owner within 1,000 feet of the blasting site boundary may request a preblast survey provided at the expense of the quarry operator. The preblast survey shall provide a baseline record of the condition of the structure against which the effects of blasting can be assessed. This preblast survey shall allow an equitable resolution of blast damage claims. Any structure owner may request the survey at any time from the effective date of this chapter and additional requests may be made whenever the structure is remodeled.
(j) 
Permit.
[1] 
Permit required. No person within the Village shall perform blasting who does not possess a proper permit therefor from the Village.
[2] 
Application. All applications for permits hereunder shall be made in writing upon the written form provided by the Village and distributed by the Village Clerk. All applications for permits hereunder shall be signed by the applicant and filed with the Village Clerk at least 30 days prior to the licensing period. The Village Clerk shall immediately refer all applications for permits hereunder to the Building Inspector. The Village Clerk shall issue a permit hereunder only after first receiving the approval of the Village Building Inspector, the permit fee and the submittal of the plan of operation, if required, as approved by the Building Inspector.
[3] 
Plan of operation. Each application to operate a rock crusher hereunder or renewal thereof shall be accompanied by a plan of operation which shall include methods of screening from adjacent properties, hours of operation, hours of blasting and operation of rock crusher, dust and noise control, blasting procedures, location and height of stock piles, whether a rock crusher will be needed and how often, water supply, drainage course, maximum depth, legal description of property in question and other information that the Building Inspector deems pertinent to the proposed operation. The Building Inspector shall approve such plan of operation.
[4] 
References. Attached to each application and plan of operation shall be five references from incorporated municipalities that the operator has held permits in within the last five years.
[5] 
Certificate of insurance. Each applicant for a blasting permit shall be accompanied by a certificate of insurance identifying the Village of Cottage Grove as a party insured in the amount of $1,000,000 for damage to property and $1,000,000 for injury to any one person and $2,000,000 for injury to more than one person caused by the blasting.
[6] 
Renewals. All requests for renewals of permits hereunder shall be made at least 30 days prior to the expiration date of the permit.
[7] 
Permit fees. The permit fee for any permit issued pursuant to this subsection shall be as set forth below.[1] No permit fee shall be prorated. All permits issued hereunder shall expire on December 31 following the date of issue:
[a] 
Quarries using blasting to supply building and/or ornamental stone: $100 per blasting period.
[b] 
Gravel crushing operation using portable or fixed crushing equipment less than 30 days per year: $50.
[c] 
Blasting to facilitate utility, street or basement construction for a period of 30 days or less: $100 per blasting period.
[1]
Editor's Note: Fees are now set by resolution of the Village Board. The current fee resolution is on file in the office of the Village Clerk.

§ 176-3 Enforcement.

It shall be the duty of the Building Inspector, Fire Inspector, Zoning Administrator or Chief of Police or their designees, and they shall have the power whenever they deem it necessary and appropriate, to issue orders to assure compliance with the provisions of this chapter and/or to issue citations and otherwise pursue enforcement through the Municipal Court procedures of Chapter 27 of the Cottage Grove Code.

§ 176-4 Violations and penalties.

A. 
Any person who violates § 176-2C(7) shall forfeit a sum not less than $1,000 nor more than $5,000 for each such violation. The maximum amount of forfeiture shall be based on all costs of enforcement up to the $5,000.
B. 
Any person who violates any other provision of this chapter or who fails to comply with any lawful order of the Village issued or made pursuant to this chapter shall forfeit a sum not less than $100 nor more than $1,000 for each violation.