[HISTORY: Adopted by the Common Council of the City of Princeton
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 7, Ch. 8, Secs. 7-8-1 through 7-8-6, of
the City Code]
This article is adopted pursuant to applicable state statutory
and Wisconsin Administrative Code regulations, which are adopted by
reference and made a part of this article as if fully set forth herein.
As used in this article:
Has the meaning specified under § 295.11(2), Wis.
Stats.
Operations or activities for the extraction from the earth
for sale or use by the operator of mineral aggregates such as stone,
sand and gravel, fill material and nonmetallic minerals such as asbestos,
beryl, clay, feldspar, peat and talc, related operations or activities
such as excavation, grading or dredging if the purpose of those operations
or activities is the extraction of mineral aggregates and nonmetallic
minerals and related processes such as crushing, screening, scalping,
dewatering and blending.
Waste soil, rock, mineral, liquid, vegetation and other waste
material resulting from a nonmetallic mining operation. This term
does not include merchantable by-products resulting directly from
or displaced by the nonmetallic mining operation.
The location where a nonmetallic mining operation is proposed
or conducted, including all surface areas from which materials are
removed, related storage and processing areas, areas where nonmetallic
mining refuse is deposited and areas disturbed by the nonmetallic
mining operation by activities such as the construction or improvement
of roads or haulageways.
Any person who is engaged in a nonmetallic mining operation
or nonmetallic mining site reclamation or who applies for or holds
a nonmetallic mining permit issued under this article whether individually,
jointly or through subsidiaries, agents, employees, contractors or
subcontractors.
The rehabilitation of a nonmetallic mining site including,
but not limited to, removal of nonmetallic mining refuse, grading
of the site, replacement of topsoil, stabilization of soil conditions,
establishment of vegetative cover, control of surface water and groundwater,
prevention of environmental pollution, construction of fences and,
if practical, restoration of plant, fish and wildlife habitat.
The replacement of the topsoil which was removed or disturbed
by a nonmetallic mining operation or the provision of soil which is
at least as adequate as the topsoil which was removed or disturbed
for the purposes of providing adequate vegetative cover and stabilization
of soil conditions.
This Nonmetallic Mining Reclamation 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 Nonmetallic Mining Reclamation 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 Ch. 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 Subchs. II to IV of Ch. 289, Wis. Stats., or a hazardous waste
disposal facility under Ch. 291, Wis. Stats., but a nonmetallic mining
reclamation ordinance 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 City unless he/she obtains a nonmetallic mining permit from the Common Council. The fee for such permit shall be as prescribed in Chapter 182, Fees, plus any actual City 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 the Common Council deems pertinent to
the operation.
C.
Reclamation plan. The reclamation plan shall contain adequate provision
that:
(1)
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;
(2)
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;
(3)
Excavations made to a water-producing depth shall be not less than
three feet measured from the low water mark;
(4)
All final slopes shall be covered with adequate topsoil and seeded
to prevent erosion;
(5)
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 Common Council;
(6)
There is a timetable for completion of various stages of reclamation
of the nonmetallic mining site.
D.
Applications. All applications for a license hereunder shall be made
in writing upon the written form provided by the City and distributed
by the City Administrator/Clerk-Treasurer. All applications for permits
hereunder shall be signed by the applicant and filed with the City
Administrator/Clerk-Treasurer at least 60 days prior to the licensing
period. The City Administrator/Clerk-Treasurer shall immediately refer
all applications for a license hereunder to the Common Council for
public hearing and approval. The operator shall receive written notice
of the public hearing. The license shall be for a period of time as
stated in the application or as modified by the Council. Modification
of the application or reclamation plan may be permitted or additional
conditions may be required upon application. The Council 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 Council
may approve, approve conditionally or reject the application and reclamation
plan.
E.
Financial assurance. Before a license and reclamation plan is approved
by the Common Council, the operator shall submit an agreement and
performance bond or cash escrow agreement to assure the following:
(1)
The operator shall pay for the cost of all improvements required
in the reclamation plan by the Common Council.
(2)
Guaranteed completion of the required reclamation within a period
determined by the Council.
(3)
Payment by the operator for all costs incurred by the City for review
and inspection. This would include preparation and review of plans
and specifications by the City Engineer and Attorney, as well as other
costs of a similar nature.
(4)
The City may elect to have stages of the reclamation plan performed
under the terms of a cash escrow agreement.
(5)
The required performance bond or cash escrow agreement shall be equal
to 1 1/4 times the City Engineer's estimated cost of the
required improvements.
(6)
If the required reclamation is not complete within the designated
period, all amounts held under the escrow agreement or performance
bond shall be turned over and delivered to the City 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 Common Council, at its option, may extend the bond period for
additional periods.
F.
Fences. 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.
G.
Inspection. An authorized agent of the City 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 nonmetallic mining reclamation article.
H.
Prohibitions and orders. Nonmetallic mining operations within the
City 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, cancelled, rescinded or terminated,
the operator shall be given written notice of any charges or violations
against him/her or the reasons proposed for revocation and shall have
an opportunity to be heard before the Common Council.
[Adopted as Title 7, Ch. 8, Sec. 7-8-7, of the City Code]
The following definitions shall apply in the interpretation
and enforcement of this article:
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. IND 5, Explosives and Blasting Agents,
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 Administrator/Clerk-Treasurer. All applications for permits
hereunder shall be signed by the applicant and filed with the City
Administrator/Clerk-Treasurer at least 60 days prior to the licensing
period. The City Administrator/Clerk-Treasurer shall immediately refer
all applications for permits hereunder to the City Engineer. The City
Administrator/Clerk-Treasurer shall issue a permit hereunder only
after first receiving the recommendation of the City 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 City Engineer.
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 to permit 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 City Engineer deems pertinent
to the proposed operation. Such plan of reorganization shall be approved
by the City Engineer.
E.
Insurance. Each application for a blasting permit shall be accompanied
by a certificate of insurance identifying the City of Princeton 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 § 246-9 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 City 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 City Engineer,
shall measure air blast. This verification shall be performed by a
seismological engineering firm acceptable to the City or by the City
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 City Administrator/Clerk-Treasurer.
The original copy of this blasting log shall be filed with the City
Administrator/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 article
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:
Any person who shall violate any of the provisions of this article shall be subject to a penalty as provided in § 1-3 of Chapter 1, Article I, Construction and Penalties. However, upon conviction for the violation of any of the provisions of this article 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 license issued under this article is refused
or any license is revoked, cancelled, rescinded or terminated, the
licensee shall be given written notice of any charges or violations
against him/her or the reasons proposed for nonrenewal or revocation
and shall have an opportunity to be heard before the Common Council.
