[HISTORY: Adopted by the Village Board of the Village of New Glarus
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Licensing — See Ch. 198.
[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:
A.
Excavations or grading by a person solely for domestic
use at his or her residence.
B.
Excavations or grading conducted for highway construction
purposes within the highway right-of-way.
C.
Grading conducted for farming, preparing a construction
site or restoring land following a flood or natural disaster.
D.
Excavations for building construction purposes.
E.
Any mining operation, the reclamation of which is required
in a permit obtained under Chapter 293, Wis. Stats.
F.
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.
A.
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.
B.
Required permit information. An application for a nonmetallic
mining permit shall be submitted by the operator and shall include:
(1)
An adequate description of the operation, including a
legal description of the property;
(2)
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;
(3)
Estimated dates for completion of the extraction and
commencement and completion dates for the reclamation;
(4)
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;
(5)
Methods of screening from adjacent properties;
(6)
Hours of operation;
(7)
Dust and noise control;
(8)
Maximum depth;
(9)
Blasting procedures;
(10)
Location and height of stockpiles; and
(11)
Such other information as the Village Board deems pertinent
to the operation.
C.
Reclamation plan.
(1)
The reclamation plan shall contain adequate provision
that:
(a)
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.
(b)
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.
(c)
Excavations made to a water-producing depth shall be
not less than three feet measured from the low-water mark.
(d)
All final slopes shall be covered with adequate topsoil
and seeded to prevent erosion.
(e)
There is a timetable for completion of various stages
of reclamation of the nonmetallic mining site.
(2)
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.
D.
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.
E.
Financial assurance.
(1)
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:
(a)
Payment by the operator for the cost of all improvements
required in the reclamation plan by the Village Board.
(b)
Guaranteed completion of the required reclamation within
a period determined by the Village Board.
(c)
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.
(2)
The Village may elect to have stages of the reclamation
plan performed under the terms of a cash escrow agreement.
(3)
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.
(4)
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.
A.
BLASTING
PERSON
ROCK CRUSHER
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.
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.
B.
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.
C.
Permit.
(1)
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.
(2)
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.
(3)
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.[1]
(4)
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.
(5)
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.
D.
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.
E.
Blasting procedures and controls.
(1)
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)
|
(2)
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.
(3)
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.
(4)
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.
F.
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.
(1)
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.
(2)
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.
(3)
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.
G.
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.
H.
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.
