[HISTORY: Adopted by the Village Board of the Village of New Glarus as indicated in article histories. Amendments noted where applicable.]
Licensing — See Ch. 198.
Article I Nonmetallic Mining
[Adopted 1-18-2000 by Ord. No. 99-14 as Title 7, Ch. 8 of the 2000 Code]
This article is adopted pursuant to § 295.14, Wis. Stats., which is adopted by reference and made a part of this article as if fully set forth herein.
The terms used in this article shall have the meanings provided in § 295.11, Wis. Stats.
This article shall apply to any portion of a nonmetallic mining site, including unreclaimed portions of a site which were mined prior to the effective date of this article.
This article shall not apply to the following activities:
Excavations or grading by a person solely for domestic use at his or her residence.
Excavations or grading conducted for highway construction purposes within the highway right-of-way.
Grading conducted for farming, preparing a construction site or restoring land following a flood or natural disaster.
Excavations for building construction purposes.
Any mining operation, the reclamation of which is required in a permit obtained under Chapter 293, Wis. Stats.
Any activities conducted at a solid or hazardous waste disposal site required to prepare, operate or close a solid waste disposal facility under Subchapters II to IV of Chapter 289, Wis. Stats., or a hazardous waste disposal facility under Chapter 291, Wis. Stats., but this article may apply to activities related to solid or hazardous waste disposal which are conducted at a nonmetallic site separate from the solid or hazardous waste disposal facility, such as activities to obtain nonmetallic minerals to be used for lining, capping, covering or constructing berms, dikes or roads.
Permit required. No person shall operate any nonmetallic mining site or operation within the Village unless he obtains a nonmetallic mining permit from the Village Board. The fee for such permit shall be as set by the Village Board, plus any actual Village administrative expenses, payable by certified check. Operators of existing nonmetallic mining operations shall apply for such permit within 30 days of the effective date of this article.
Required permit information. An application for a nonmetallic mining permit shall be submitted by the operator and shall include:
An adequate description of the operation, including a legal description of the property;
A plan of the site showing the proposed and existing roads and drives and the sources, quantity and disposition of water to be used, if any;
Estimated dates for completion of the extraction and commencement and completion dates for the reclamation;
A reclamation plan and such other information as may be necessary to determine the nature of the operation and the effect on the surrounding area;
Methods of screening from adjacent properties;
Hours of operation;
Dust and noise control;
Location and height of stockpiles; and
Such other information as the Village Board deems pertinent to the operation.
The reclamation plan shall contain adequate provision that:
All final slopes around the area be flatter than a three-to-one horizontal slope in a sand, gravel or borrow pit operation, or in a safe angle or repose in a quarrying operation.
Excavations below the grade of the nearest abutting public street or highway shall be set back from the street or highway a distance not less than that required for buildings and structures in the same zoning district.
Excavations made to a water-producing depth shall be not less than three feet measured from the low-water mark.
All final slopes shall be covered with adequate topsoil and seeded to prevent erosion.
There is a timetable for completion of various stages of reclamation of the nonmetallic mining site.
The plan shall require that, after completion of the anticipated operation, the area shall be cleared of all debris and be left in a workmanlike condition, subject to the approval of the Village Board.
Applications. All applications for a permit hereunder shall be made in writing upon the written form provided by the Village and distributed by the Village Clerk-Treasurer. All applications for permits hereunder shall be signed by the applicant and filed with the Village Clerk-Treasurer at least 60 days prior to the licensing period. The Clerk-Treasurer shall immediately refer all applications for a permit hereunder to the Village Board for public hearing and approval. The operator shall receive written notice of the public hearing. The permit shall be for a period of time as stated in the application or as modified by the Village Board. Modification of the application or reclamation plan may be permitted or additional conditions may be required upon application. The Board shall consider the effect of the operation and the proposed reclamation upon existing and future conditions, including streets, neighboring land development, land use drainage, water supply, water pollution, air pollution, soil erosion, natural beauty and land value of the locality. The Village Board may approve, approve conditionally or reject the application and reclamation plan.
Before a permit and reclamation plan are approved by the Village Board, the operator shall submit an agreement and performance bond or cash escrow agreement to assure the following:
Payment by the operator for the cost of all improvements required in the reclamation plan by the Village Board.
Guaranteed completion of the required reclamation within a period determined by the Village Board.
Payment by the operator for all costs incurred by the Village for review and inspection. This would include preparation and review of plans and specifications by the Village Engineer and Attorney, as well as other costs of a similar nature.
The Village may elect to have stages of the reclamation plan performed under the terms of a cash escrow agreement.
The required performance bond or cash escrow agreement shall be equal to 1 1/4 times the Village Engineer's estimated cost of the required improvements.
If the required reclamation is not completed within the designated period, all amounts held under the escrow agreement or performance bond shall be turned over and delivered to the Village and applied to the cost of the required reclamation. Any balance remaining after such reclamation has been done shall be returned to the operator. The Village Board, at its option, may extend the bond period for additional periods.
Prior to reclamation, nonmetallic mining sites abutting areas zoned residential shall be enclosed by a security fence of not less than four feet in height. Fence gates shall be locked or secured when the site is unattended so as to prevent uncontrolled access by children to the site.
An authorized agent of the Village may enter the premises of a nonmetallic mining operation in the performance of his or her official duties by permission of the property owner or operator or pursuant to a special inspection warrant issued under § 66.0119, Wis. Stats., in order to inspect those premises and to ascertain compliance with this article.
Nonmetallic mining operations within the Village are prohibited if the nonmetallic mining site cannot be reclaimed in compliance with the standards of this article or if other requirements of this article are not met.
If any permit is revoked, canceled, rescinded or terminated, the operator shall be given written notice of any charges or violations against him or the reasons proposed for revocation and shall have an opportunity to be heard before the Village Board.
Definitions. The meanings indicated for the following terms shall apply in the interpretation and enforcement of this section:
- A method of loosening, moving or shattering masses of solid matter by use of explosive compounds to prepare stone for crushing, to prepare stone for building and/or ornamental use, or to prepare property for development.
- Any individual, partner, corporation, company, trustee or association, together with the respective servants, agents and employees thereof.
- ROCK CRUSHER
- Any device, machine, apparatus or equipment used either individually or in conjunction with any other device, machine, apparatus or equipment for the purpose of crushing, grinding, breaking or pulverizing rock or stone.
Operation. No person within the Village shall operate a rock crusher or perform blasting in such a manner so that any dust, dirt or vibration from such operation shall, in any way, damage or injure any person or property within the Village. All blasting within the Village shall be performed according to the requirements of Chapter IND 5, Explosives and Blasting Agents, Wis. Adm. Code, and all subsequent amendments thereto.
Required. No person within the Village shall operate a rock crusher or perform blasting who does not possess a proper permit therefor from the Village.
Applications. All applications for permits hereunder shall be made in writing upon the written form provided by the Village and distributed by the Village Clerk-Treasurer. The Village Clerk-Treasurer shall immediately refer all applications for permits hereunder to the Village Engineer. The Village Clerk-Treasurer shall issue a permit hereunder only after first receiving the recommendation of the Village Engineer and approval of the Village Board, the check for the permit fee as hereinafter provided and the submittal of the plan of operation, if required, as approved by the Village Engineer.
Plan of operation. Each application for a permit to perform blasting or 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 stockpiles, 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 the Village Engineer deems pertinent to the proposed operation. Such plan of operation shall be approved by the Village Engineer.
Insurance. Each application for a blasting permit shall be accompanied by a certificate of insurance identifying the Village of New Glarus as a party insured in the amount of $500,000 for damage to property and $500,000 for injury to one person and $1,000,000 for injury to more than one person caused by the blasting.
Notification. The permittee, at his/her expense, shall be required to make one publication in the official newspaper of the Village of New Glarus identifying the location and time period of each blast prior to the blasting period.
Renewals. All requests for renewals of permits hereunder shall be made at least 60 days prior to the expiration date of the permit and must comply with all requirements of Subsection C above.
Blasting procedures and controls.
Energy ratio. The allowable vibration of any blast at the nearest occupied or used building off the subject premises shall not exceed an energy ratio of 0.5 or resultant particle velocity of 1.35" per second based on the following formula:
Energy ratio = 0.5 = 10.823 f2A2 where: f = frequency in cycles per second, A = amplitude or displacement in inches
Energy ratio = .274 V2 (V = resultant particles velocity expressed in inches per second)
Measurement of blasts. The operator of the quarry operation, when requested to do so by the Village Engineer, shall measure and submit data to substantiate compliance with the above formula, and the operator of the quarry operation, when requested to do so by the Village Engineer, shall measure air blast. This verification shall be performed by a seismological engineering firm acceptable to the Village or by the Village Engineer. Instrumentation shall be by seismograph similar to VME Seismolog Model B and approved seismograph sound-measuring equipment or approved equivalents. All expenses for these tests shall be paid by the quarry operator.
Blasting log. A log, in duplicate, shall be kept of each blast on forms similar to the one on file with the Village Clerk-Treasurer. The original copy of this blasting log shall be filed with the Clerk-Treasurer within 48 hours after the blast, and a copy shall be kept on file at the quarry office.
Cover material. Operators of quarries for building and/or ornamental stone removal shall cover Primacord or other detonating cord or surface-laid blasting devices with at least one foot of dirt or other suitable cover material.
Permit fee. The permit fee for any permit issued pursuant to this section shall be as set forth below. No permit fee shall be prorated. All permits issued hereunder shall expire on December 31 following the date of issue.
Quarries using blasting to supply buildings and/or ornamental stone: as set by the Village Board per permit period and all associated engineering and/or attorney fees.
Contractor using blasting for opening roads, or other types of excavation: as set by the Village Board per permit period and all associated engineering and/or attorney fees.
Gravel crushing operations using portable or fixed crushing equipment less than 30 days per year: as set by the Village Board per year and all associated engineering and/or attorney fees.
Penalty. Any person who shall violate any of the provisions of this section shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-5 of this Code. However, upon conviction for the violation of any of the provisions of this section by the holder of a permit issued hereunder, and in addition to the forfeiture provided, such permit shall thereupon be canceled, revoked, rescinded and terminated.
Enforcement. Before renewal of any permit issued under this section is refused or any permit is revoked, canceled, rescinded or terminated, the permittee shall be given written notice of any charges or violations against him or the reasons proposed for nonrenewal or revocation and shall have an opportunity to be heard before the Village Board.