[Adopted as Title 7, Ch. 5, of the 1996 Code]
No person, firm, corporation or municipality shall operate an
asphalt or tar paving mix plant, a concrete ready-mix plant or a target
range within the Town of Koshkonong without first obtaining a license
to do so from the Town Board of the Town of Koshkonong as hereinafter
provided in this chapter.
A.
Application data. License applications for licenses to operate an
asphalt or tar paving mix plant, concrete ready-mix plant or target
range within the Town of Koshkonong shall be submitted, in writing,
to the Town Board and shall set forth the following:
(1)
Name, residence or office address of applicant.
(2)
Description of the premises to be used.
(3)
Zoning of the premises to be used.
(4)
Statement of the nature of the proposed operation, including a description
of the machinery to be used; the type and amount of explosives to
be used or stored, if any; the type and size of buildings to be constructed;
the smoke and dust-control devices to be utilized, if any; the highways
to be used for the truck traffic to and from the location; proposed
devices for muffling of noise, if any; the employment of safety devices
to protect the public from dangers inherent to the proposed use; deodorants
or odor-control devices, if any; method of concealing unsightly deposits,
if any; and other pertinent data which the applicant deems material.
(5)
A description of the surrounding property and its use.
(6)
Hours of intended operation.
(7)
The method and manner of draining surface water and accumulated water
from the licensed premises.
(8)
The method and manner of restoring the area of the operation after
the cessation of operation to a condition of practical usefulness
and reasonable physical attractiveness.
B.
Fees. The application shall be accompanied by a fee as provided in
the Fee Schedule to defray the cost of publication, investigation
and public hearings, if any.
[Amended 3-13-2019 by Ord. No. 1]
A.
Upon receipt of an application submitted as provided in § 330-8, the Town Board shall personally inspect the premises for which a license is requested and shall set a date for a public hearing upon such application, which said date shall not be more than 15 days after receipt of the application by the Town Board. The public hearing shall be held at the Town Hall in the Town of Koshkonong, and a notice of said meeting shall be published in the official newspaper at least five days before the date of said public hearing. At such hearing, the Board shall hear all persons interested in granting or denying said license and may, if it seems fit, take testimony relative to the application.
B.
Where the license applied for related to the continuation of an existing
business as enumerated herein, no public hearing need be held.
A.
Within five days after the public hearing, the Town Board shall make
a determination as to whether the operation of the proposed use described
in the application will be detrimental to the health, safety and welfare
of the public of the Town of Koshkonong. Such determination shall
be made on the basis of the information contained in the application,
together with the evidence presented at the public hearing and a personal
inspection of the premises by the members of the Town Board.
B.
The Town Board may, as a condition to the issuance of a license,
demand an agreement with the applicant whereby the applicant agrees
to restore the premises in accordance with the representations contained
in the application. The Town Board may demand that a performance bond,
written by a licensed surety company, in an amount sufficient to secure
the performance of the restoration agreement be furnished to the Town.
The Town Board shall determine the amount of such bond. The Town Board
shall thereupon grant or deny the license in accordance with such
determination.
A.
Such license shall expire on January 30th of every year and shall
not be assignable. Such license shall also terminate:
(1)
Upon change of ownership of the land affected by such license or
upon the change of ownership of the firm, company, corporation or
municipality operating the licensed business.
(2)
In the event the use specified in the license is not carried on in
accordance with the representations contained in the application or
in the event such use is changed to another use enumerated herein.
A.
Revocation grounds. The following acts shall constitute grounds for
revocation of license:
(1)
Failure to discharge or drain surface water or accumulated water
from the licensed premises in such method and manner as will not interfere
with the use of lands, drains and ditches or other persons, firms
or corporations, municipally owned or otherwise.
(2)
Any change in the manner of operation specified in the application
as approved by the Town Board in granting the original license.
B.
Revocation hearing. Any proceeding to revoke a license shall be instituted
by the Town Board by the mailing of a notice of hearing on revocation
to the applicant. Such notice shall be mailed at least 10 days prior
to the date of hearing. At such hearing, applicant may appear personally
and by his attorney and present his defense to the proposed revocation.
The Town Board shall have three days after such hearing to make a
determination of whether grounds of revocation exist. If such Board
shall find that any of the conditions specified in the ordinance as
grounds for revocation exist, the Town Board shall forthwith revoke
such license and notify the licensee by mail addressed to the licensee
at the address shown in the application. Licensee shall thereafter
cease and desist forthwith from the operation of the licensed premises.
In the event a license is denied for operation of any business enumerated herein with respect to any particular parcel of realty, no application for the same business on the same parcel of land, or any part thereof, may be filed within one year from the date of such denial. In the event, however, that a new application shall reveal a material difference any of the items specified in § 330-8 hereof, the Town Board may, upon a finding that the new application does include such material difference, proceed to hear and determine such new application within said year.
Any party granted a license under this chapter to operate a
concrete ready-mix, asphalt or tar mix plant shall also secure from
the Town Board a road permit prior to commencing operations. The Town
Board may establish reasonable conditions on such permit, including,
but not limited to, an annual fee, use restrictions to certain roads,
heavy use maintenance requirements, etc.
Any person, firm, corporation or municipality who violates, disobeys, neglects, omits or refuses to comply with or who resists the enforcement of any of the provisions of this section shall be subject to a forfeiture as prescribed in § 1-3, together with the costs of prosecution and, in default of payment thereof, by imprisonment in the County Jail of Jefferson County for a term of not more than 30 days or until such judgment is paid in the case of an individual; and every day of violation shall constitute a separate offense. In case any premises are used as an asphalt or tar paving mix plant, concrete ready-mix plant or target range in violation of this chapter, an action in the name of the Town of Koshkonong may be instituted to enjoin such violation or intended violation; and this remedy shall be in addition to other remedies set forth in this chapter.
