[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This ordinance also repealed former Ch. 176, Fires and Blasting, adopted 7-2-1984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.]
All setting of fires or blasting on any land in the Village is prohibited
herein.
[Amended 11-20-2006 by Ord. No. 16-2006]
A.Â
Regulation of fires. Setting of fires shall be allowed
subject to the following situations:
B.Â
Setting of fires.
(1)Â
Any wood/charcoal may be burned in enclosed receptacles premanufactured
for that purpose.
(2)Â
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)Â
Fires set for the sole purpose of cooking food are permitted
in receptacles premanufactured for that purpose.
C.Â
Regulation of blasting and/or rock crushing.
(1)Â
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)Â
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)Â
AIRBLAST
ANNOYANCE
BLASTING
BLASTING OPERATION
BLASTING RESULTANTS
CONTROLLED BLASTING SITE AREA
FLYROCK
GROUND VIBRATION
INHABITED AREA
INHABITED BUILDING
OPERATOR
PARTICLE VELOCITY
PERSON
VILLAGE
Definitions. The following definitions shall apply in
this subsection:
An airborne shock wave resulting from the detonation of explosives.
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.
Any method of loosening, moving or shattering masses of solid matter
by use of an explosive.
Any operation, enterprise or activity involving the use of blasting.
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.
The area that surrounds a blasting site and:
Rock that is propelled through the air from a blast.
A shaking of the ground caused by the elastic wave emanating from
a blast.
An area where the inhabitant or inhabited building is subject to
blasting resultants.
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.
The person who is responsible for a blasting operation at a blasting
site.
Any measure of ground vibration describing the velocity at which
a particle of ground vibrates when excited by a seismic wave.
Any individual, corporation, company, association, firm, partnership,
society or joint-stock company.
The Village of Cottage Grove, Dane County, Wisconsin.
(4)Â
Preblasting notification requirements. The operator shall
comply with the following notification requirements:
(a)Â
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)Â
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)Â
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)Â
Instrumentation and data. All seismographs used for compliance
with this subsection shall meet the requirements of COMM Paragraph 7.63 and:
(a)Â
Record acceleration, (g) ft/sec2
over a range of 0.0010 to 0.5000 ft/sec2.
(b)Â
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)Â
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)Â
Airblast.
[1]Â
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)Â
Monitoring.
(d)Â
Ground vibration.
[1]Â
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]Â
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]Â
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]Â
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]Â
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)Â
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)Â
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)Â
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)Â
Blasting log.
[1]Â
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]Â
Information. Each blasting log shall contain at a minimum
the following items of information:
[a]Â
Name and license number of blaster in charge of the blast.
[b]Â
Blast location.
[c]Â
Date and time of blast.
[d]Â
Weather conditions at time of blast.
[e]Â
Diagram of blast layout.
[f]Â
Number of holes.
[g]Â
Hole depth and diameter.
[h]Â
Spacing.
[i]Â
Burden.
[j]Â
Maximum holes per delay.
[k]Â
Maximum pounds of explosives per delay.
[l]Â
Depth of stemming used.
[m]Â
Total pounds of explosives used.
[n]Â
Distance to nearest inhabited building not owned by operator.
[o]Â
Type of initiation used.
[p]Â
Powder factor.
[3]Â
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]Â
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]Â
Type of instrument and last laboratory calibration date.
[c]Â
Exact location of the instrument and the date, time and
distance from the blast site.
[d]Â
Name of person and firm taking the reading.
[e]Â
Name of person and firm analyzing the seismographic record.
[f]Â
Recorded measurement of the ground vibration and airblast.
[g]Â
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)Â
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)Â
Permit.
[1]Â
Permit required. No person within the Village shall perform
blasting who does not possess a proper permit therefor from the Village.
[2]Â
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]Â
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]Â
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]Â
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]Â
Renewals. All requests for renewals of permits hereunder
shall be made at least 30 days prior to the expiration date of the permit.
[7]Â
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]Â
Quarries using blasting to supply building and/or ornamental
stone: $100 per blasting period.
[b]Â
Gravel crushing operation using portable or fixed crushing
equipment less than 30 days per year: $50.
[c]Â
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.
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.
A.Â
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.Â
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.