[HISTORY: Adopted by the Village Board of the Village of New Glarus
1-18-2000 by Ord. No. 99-14 as Title 7, Ch. 10 of the 2000 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 198.
As used in this chapter, the following terms shall have the meanings
indicated:
Plants wherein asphalt, tar or other petroleum products or by-products
are prepared or mixed, either alone or with other ingredients, as a material
for paving or surfacing.
Plants where water, gravel, sand, crushed stone or other aggregate
is mixed with cement and placed within a truck or trucks for the purpose of
mixing such ingredients to create and manufacture concrete thereby while such
truck is in transit to its ultimate point of delivery.[1]
No person, firm, corporation or municipality shall operate an asphalt
or tar paving mix plant or concrete ready-mix plant within the Village of
New Glarus without first obtaining a license to do so from the Village Board
as hereinafter provided in this chapter.
A.
Application data. License applications for licenses to
operate an asphalt or tar paving mix plant or concrete ready-mix plant within
the Village of New Glarus shall be submitted in writing to the Village Board
and shall set forth the following:
(1)
Name, residence or office address of applicant.
(2)
Description of the premises to be used.
(3)
Zoning of the premises to be used.
(4)
Statement of the nature of the proposed operation, including
a description of the machinery to be used; the type and amount of explosives
to be used or stored, if any; the type and size of buildings to be constructed;
the smoke- and dust-control devices to be utilized, if any; the highways to
be used for the truck traffic to and from the location; proposed devices for
muffling of noise, if any; the employment of safety devices to protect the
public from dangers inherent to the proposed use; deodorants or odor-control
devices, if any; method of concealing unsightly deposits, if any; and other
pertinent data which the applicant deems material.
(5)
A description of the surrounding property and its use.
(6)
Hours of intended operation.
(7)
The method and manner of draining surface water and accumulated
water from the licensed premises.
(8)
The method and manner of restoring the area of the operation
after the cessation of operation to a condition of practical usefulness and
reasonable physical attractiveness.
B.
Fees. The application shall be accompanied by a fee as
set by the Village Board to defray the cost of publication, investigation
and public hearings, if any.
A.
Upon receipt of an application submitted as provided in § 105-3, the Village Board shall personally inspect the premises for which a license is requested and shall set a date for a public hearing upon such application, which said date shall not be more than 15 days after receipt of the application by the Village Board. The public hearing shall be held at the Village Hall, and a notice of said meeting shall be published in the Village's official newspaper at least five days before the date of said public hearing. At such hearing, the Board shall hear all persons interested in granting or denying said license and may, if it seems fit, take testimony relative to the application.
B.
Where the license applied for related to the continuation
of an existing business as enumerated herein, no public hearing need be held.
A.
Within five days after the public hearing, the Village
Board shall make a determination as to whether the operation of the proposed
use described in the application will be detrimental to the health, safety
and welfare of the public of the Village of New Glarus. Such determination
shall be made on the basis of the information contained in the application,
together with the evidence presented at the public hearing and a personal
inspection of the premises by the members of the Village Board.
B.
The Village Board may, as a condition to the issuance
of a license, demand an agreement with the applicant whereby the applicant
agrees to restore the premises in accordance with the representations contained
in the application. The Village Board may demand that a performance bond,
written by a licensed surety company, in an amount sufficient to secure the
performance of the restoration agreement be furnished to the Village. The
Village Engineer shall determine the amount of such bond. The Village Board
shall thereupon grant or deny the license in accordance with such determination.
A.
Such license shall expire on June 30 of every year and
shall not be assignable. Such license shall also terminate:
(1)
Upon change of ownership of the land affected by such
license or upon the change of ownership of the firm, company, corporation
or municipality operating the licensed business.
(2)
In the event the use specified in the license is not
carried on in accordance with the representations contained in the application
or in the event such use is changed to another use enumerated herein.
A.
Revocation grounds. The following acts shall constitute
grounds for revocation of license:
(1)
Failure to discharge or drain surface water or accumulated
water from the licensed premises in such method and manner as will not interfere
with the use of lands, drains and ditches of other persons, firms or corporations,
municipally owned or otherwise.
(2)
Any change in the manner of operation specified in the
application as approved by the Village Board in granting the original license.
B.
Revocation hearing. Any proceeding to revoke a license
shall be instituted by the Village Board by the mailing of a notice of hearing
on revocation to the applicant. Such notice shall be mailed at least 10 days
prior to the date of the hearing. At such hearing, the applicant may appear
personally and by his attorney and present his defense to the proposed revocation.
The Village Board shall have three days after such hearing to make a determination
of whether grounds for revocation exist. If such Board shall find that any
of the conditions specified in this chapter as grounds for revocation exist,
the Village Board shall forthwith revoke such license and notify the licensee
by mail addressed to the licensee at the address shown in the application.
The licensee shall thereafter cease and desist forthwith from the operation
of the licensed premises.
In the event a license is denied for operation of any business enumerated herein with respect to any particular parcel of realty, no application for the same business on the same parcel of land, or any part thereof, may be filed within one year from the date of such denial. In the event, however, that a new application shall reveal a material difference in any of the items specified in § 105-3 hereof, the Village Board may, upon a finding that the new application does include such material difference, proceed to hear and determine such new application within said year.
Any person, firm, corporation or municipality who or which violates, disobeys, neglects, omits or refuses to comply with or who or which resists the enforcement of any of the provisions of this chapter shall be subject to a forfeiture as prescribed in Chapter 1, General Provisions, § 1-5 of this Code, together with the costs of prosecution, and, in default of payment thereof, by imprisonment in the county jail for a term of not more than 30 days or until such judgment is paid in the case of an individual, and every day of violation shall constitute a separate offense. In case any premises is used as an asphalt or tar paving mix plant or concrete ready-mix plant in violation of this chapter, an action in the name of the Village of New Glarus may be instituted to enjoin such violation or intended violation, and this remedy shall be in addition to other remedies set forth in this chapter.
