[HISTORY: Adopted by the Common Council of the City of Prescott
as Sec. 7-8-7 of the former City Code. Amendments noted where applicable.]
GENERAL REFERENCES
Nonmetallic mining — See Ch. 384.
The following definitions shall apply in the interpretation
and enforcement of this chapter:
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.
No person within the City 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 City. All blasting within the City shall be performed according
to the requirements of Ch. SPS 307, Explosives and Fireworks, Wis.
Adm. Code, and all subsequent amendments thereto.
A.
Permit required. No person within the City shall operate a rock crusher
or perform blasting who does not possess a proper permit therefor
from the City.
B.
Applications. All applications for permits hereunder shall be made
in writing upon the written form provided by the City and distributed
by the City Clerk. All applications for permits hereunder shall be
signed by the applicant and filed with the City Clerk at least 60
days prior to the permit period. The City Clerk shall immediately
refer all applications for permits hereunder to the Director of Public
Works. The City Clerk shall issue a permit hereunder only after first
receiving the recommendation of the Director of Public Works, 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 Director of Public Works.
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 City.
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 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 the Director of Public
Works deems pertinent to the proposed operation. Such plan of operation
shall be approved by the Director of Public Works.[1]
E.
Each application for a blasting permit shall be accompanied by a
Certificate of Insurance identifying the City of Prescott 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.
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 § 252-3 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
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Energy ratio = 0.274 V2 (V = resultant
particles velocity expressed in inches per second)
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B.
Measurement of blasts. The operator of the quarry operation, when
requested to do so by the Director of Public Works, 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 Director of Public Works, shall measure air blast. This verification
shall be performed by a seismological engineering firm acceptable
to the City or by the Director of Public Works. 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 City Clerk. The original copy
of this blasting log shall be filed with the City Clerk 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 the City's fee schedule. 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 the Code of the City of Prescott. 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 cancelled, revoked, rescinded and terminated.
Before renewal of any permit issued under this chapter is refused
or any permit is revoked, cancelled, 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 Common Council.