[HISTORY: Adopted by the Village Board of the Village of
Dane 3-5-2012 by Ord. No. 2012-03 (Sec. 7-8-5 of the 1996 Code).
Amendments noted where applicable.]
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 Chs. SPS 307 and SPS
308, Wis. Adm. Code, and all subsequent amendments thereto.
A.
Permit required. No person within the Village shall operate a rock
crusher or perform blasting who does not possess a proper permit from
the Village.
B.
Applications. All applications for permits hereunder shall be made
in writing upon the 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 permit period. 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, the duly executed certified check for the permit fee as
hereinafter provided and the submittal of the plan of operation, if
required, as approved by the Village Board.
C.
Certified check. Each application for a permit hereunder shall be
accompanied by a certified check in the sum of the required permit
fee as hereinafter provided, or a renewal thereof, the same to be
payable to the Village.
D.
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 a 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, drainagecourse, maximum depth, legal description
of the 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]
E.
Insurance. Each application for a blasting permit shall be accompanied
by a certificate of insurance identifying the Village of Dane as a
party insured in the amount of $500,000 for damage to property and
$500,000 for death or injury to one person and $1,000,000 for death
or injury to more than one person caused by the blasting.
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 § 215-2 above.
A.
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 inches
per second based on the following formula:
Energy ratio = 0.5 = 10.823 f2 A2 where: f = frequency in cycles per second, A = amplitude
or displacement in inches
| |
Energy ratio = 0.274 V2 (V = resultant
particles velocity expressed in inches per second)
|
B.
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.
C.
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 Village Clerk-Treasurer
within 48 hours after the blast, and a copy shall be kept on file
at the quarry office.
D.
Cover material. Operators of quarries for building and/or ornamental
stone removal shall cover Primacord, other detonating cord or surface-laid
blasting devices with at least one foot of dirt or other suitable
cover material.
The permit fee for any permit issued pursuant to this chapter shall be as set forth in Chapter A150, Fees. No permit fee shall be prorated. All permits issued hereunder shall expire on December 31 following the date of issue.
Any person who shall violate any of the provisions of this chapter shall be subject to a penalty as provided in § 1-4 of this Code. However, upon conviction for the violation of any of the provisions of this chapter 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.
Before renewal of any permit issued under this chapter 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.