[HISTORY: Adopted by the Village Board of the Village of Orfordville 3-31-1992
as § 7-8-7 of the 1992 Code. Amendments noted where applicable.]
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 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 Ch. IND 5, Explosives and Blasting Agents, 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 therefor
from the Village.
B.
Applications. All applications for permits hereunder
shall be made in writing upon the written 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 licensing 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
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 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 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, drainage
course, maximum depth, legal description of 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.
Each application for a blasting permit shall be accompanied
by a certificate of insurance identifying the Village of Orfordville 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 § 116-3 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 f2A2
where: f = frequency in cycles per second, A = amplitude or displacement in
inches
| |
|
Energy ratio = .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 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 by the Village Board. 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 Chapter 1, General Provisions, § 1-5 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 license issued under this chapter is refused or
any license is revoked, canceled, rescinded or terminated, the licensee 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.
