[HISTORY: Adopted by the Town Board of the Town of Genesee 11-14-1988. Amendments
noted where applicable.]
Pursuant to the provisions of § 60.555, Wis. Stats.,
the Town Board of the Town of Genesee hereby passes the following
regulations pertaining to the use, control and discharge of explosives
and explosive devices in the Town of Genesee.
No person, corporation or organization shall cause to be exploded
within the limits of the Town of Genesee any device having an explosive
combustible nature without having first obtained from the Town Board
of the Town of Genesee a written permit therefor.
A.
Each person, corporation or organization desiring permission to explode
any devices within the Town of Genesee shall make application to the
Town Board as follows:
(1)
Said application shall contain the full name and address of the applicant,
and for each application for a corporation, the names and addresses
of the principal officers.
(2)
The application shall contain the express purpose for which the explosive
device is to be detonated.
(3)
The application shall contain the exact location of the explosive
device and where it will be discharged.
(4)
The application shall contain the names and addresses of all landowners
and residents within 1,000 feet of the location where the explosive
device is intended to be detonated.
(5)
The application shall contain a scale map showing the location of
the intended detonation.
(6)
The application will show the name, address, and license number of
the certified person in charge of detonating the explosive device.
(7)
The application will have attached to said application a surety bond
approved in form by the Town Attorney in the sum of $100,000. Said
surety would cover any damage or losses that may be occasioned to
adjoining properties or to any other properties caused by the detonation
of the explosive device.
B.
Upon receipt of said application and if it appears that all information
has been furnished by the applicant as required, the Town Clerk shall
schedule a hearing before the Town Board no sooner than 15 days after
the application has been filed and no later than 45 days thereafter.
The Clerk shall notify by mail all owners and residents within 1,000
feet of the intended detonation of the hearing. The Town Board shall
have 30 days after said hearing to issue its decision.
The Town Board shall have the power to grant said application
with whatever conditions the Town feels necessary or the Town shall
have the power to deny said application. In reaching a decision the
Town Board may employ the services of the Town Engineer and any other
experts it feels necessary to arrive at a complete decision, having
full regard for the safety and welfare of the Town residents and property
within the Town. Any costs of such experts shall be charged to the
applicant and shall be paid by the applicant. Failure to pay the charges
for any experts required by the Town Board shall result in the Town
Board placing the charge on the tax roll for the ensuing year for
the property on which said detonation was to have taken place. Said
charges shall thereafter be collected as other real estate taxes.
The Town Board shall consider the following standards in arriving
at a decision on said application:
A.
Safety and welfare of any person or persons.
B.
Potential damage to any property.
C.
Potential destruction of any wells, septic systems, storm sewers,
sewer mains or laterals, or water mains or laterals, or any subterranean
devices.
D.
Potential danger to any basement walls, silos or any other foundation
of any nature.
E.
Potential danger to any watercourses, lakes or streams or any other
potential danger to the environment.
