No person shall blast or cause to be blasted any rock or any other substance
with powder, dynamite or any other form of explosive without receiving a blasting
permit from the Village of Haverstraw. The permit shall be issued by the Village
Clerk after receiving written approval from the Code Enforcement Officer and
the Village Engineer.
In order to obtain a permit to conduct any blasting, the applicant shall
submit the name of the property owner at whose property the blasting will
take place, the address, the phone number and the signature of the property
owner or their agent. The following requirements must be met in order for
a permit to be considered:
A. A fee paid as set forth by the village schedule of fees.
[Amended 1-18-1994 by L.L. No. 1-1994; 1-18-1994
by L.L. No. 2-1994; 8-11-1997 by L.L.
No. 4-1997]
B. The applicant shall have a valid and current New York
State blasters license in conformance with the Labor Law of the State of New
York.
C. The licensed blaster must submit a letter stating that
they will be on site during any and all blasting operations.
D. The applicant shall submit a proposed schedule of blasting,
including the exact hours and days, the exact location of the blast site to
be depicted on a map drawn to scale and the size of the charges intended to
be detonated.
E. The applicant shall submit a liability insurance policy
explicitly for blasting naming the Village of Haverstraw as an additional
insured, for a minimum of $5,000,000 for personal injury and $3,000,000 for
property damage. Said insurance policy shall be issued by a casualty insurance
company licensed to do business by the New York State Department of Insurance.
F. The applicant shall provide a written report prepared
by an independent firm such as a licensed realtor, or New York State licensed
engineer of the areas within a six-hundred-foot radius of the blasting site,
including a preblasting survey of existing conditions, including a minimum
of 12 glossy photographs of the surrounding area, eight inches by 10 inches.
G. The applicant shall demonstrate via a written report
to the satisfaction of the Village Engineer that blasting is the only feasible
method to be used.
H. The applicant shall submit a written report demonstrating
that blasting can occur in the village without danger, detriment or inconvenience
to village residents.
I. The applicant shall provide public notice, a minimum
of 14 days before the blasting shall take place, of the intended blasting,
and that notice shall be provided in the following matter.
(1) An advertisement in the village's authorized legal
newspaper.
(2) Certified mailing to all property owners within a six-hundred-foot
radius of the location of the blast site.
(3) Four public postings, with the size and location of the
posters to be determined by the Code Enforcement Officer, the signs to be
a minimum of 12 inches by 24 inches in size.
J. A traffic control plan shall be submitted for approval
by the Village Engineer and/or the Code Enforcement Officer.
Upon the satisfactory completion of all of the application requirements,
the Village Clerk shall issue a blasting permit specifying the conditions
and the specific time period within which the blasting may take place, not
to exceed 45 days from the issuance of the permit.
Upon the failure to comply with the terms and conditions of the application
or the permit, the Village Engineer and/or the Code Enforcement Officer shall
have the right to immediately revoke the permit and the applicant shall have
the right to reapply for a new permit.
[Amended 8-11-1997 by L.L. No. 4-1997]
Any person who conducts any blasting operation without obtaining a proper
permit or violates the terms of an issued permit from the Village of Haverstraw
shall be subject to fine of up to $5,000 per blast and a period of incarceration
not to exceed 60 days, or both.