As used in this chapter, the following terms shall have the
meanings indicated:
BLASTS and BLASTING
Includes any activity whereby layers of earth or rock are
dislodged or torn apart by the use of any explosive, and includes
the displacement of any vegetation, ground cover, earth or rock by
the explosion or detonation of any explosive material.
CHIPPING
Mechanical rock removal with the use of a mechanical hammer
or similar device, but excluding drilling or boring of holes, and
excluding the removal of man-made structures such as concrete steps
or driveways.
[Added 11-18-2020 by L.L.
No. 6-2020]
CHIPPING PERMIT
A permit issued for chipping on a subject property.
[Added 11-18-2020 by L.L.
No. 6-2020]
EXPLOSIVES
Gunpowder, powders used for blasting, high explosives, blasting
materials, detonating fuses, fireworks, detonators and other detonating
agents, smokeless powder and any chemical compound or any mechanical
mixture containing any oxidizing and combustible units or other ingredients
in such proportions, quantities or packing that ignition by fire,
friction, concussion, percussion or detonation of any part thereof
may and is intended to cause an explosion, but shall not include gasoline,
kerosene, naphtha, turpentine, benzine, acetone, ethyl ether, benzol
and all quantities of black powder not exceeding five pounds for use
in firing of antique firearms or artifacts or replicas thereof. Fixed
ammunition and primers for small arms, firecrackers, safety fuses
and matches shall not be deemed to be "explosives" when the individual
units contain any of the above-mentioned articles or substances in
such limited quantity, of such nature and so packed that it is impossible
to produce an explosion of such units to the injury of life, limb
or property.
LICENSED BLASTER
An individual holding a valid license to handle and detonate
explosives in New York State.
PERSON
Includes a person, persons, firm, partnership, corporation
or other entity.
ROCK
All ledge or bedrock, boulders or masonry larger than one
cubic yard in volume and any material that cannot be moved by normal
excavation equipment and which requires blasting, barring, chipping,
wedging or other methods for removal from its original bed.
TOWN ENGINEER
Any person employed by the Town of North Castle as the Town
Engineer or any consulting engineer retained to act in his stead.
UNEXPECTED CIRCUMSTANCES
Circumstances unforeseen by the property owner, including
mechanical failure of a machine, unexpected conditions or inclement
weather.
[Added 11-18-2020 by L.L.
No. 6-2020]
No person shall purchase, own, possess, transport or use explosives
to blast or cause to be blasted any rock or other substance with any
explosive in the Town of North Castle, as defined in this chapter,
without having first obtained a permit from the Building Inspector
covering the specific blasting operation, upon written application.
Such blasting operations shall be conducted under the direct control
and supervision of competent and licensed persons and in accordance
with the provisions of New York State laws and regulations and the
provisions of this chapter.
[Amended 2-18-2004 by L.L. No. 2-2004]
Such permit, when approved, shall be issued and signed by the
Building Inspector, who shall keep a record thereof. Each permit shall
specify the name of the permittee, the date of expiration (which shall
be no later than 12 months from the date of issue) and the particular
place where the blasting is to be done. The Building Inspector may
add to any permit issued under this chapter those conditions deemed
reasonably necessary to protect the general public's health, safety
and welfare.
Conformance with this chapter does not eliminate the necessity
of any applicant to obtain the approval or permits required by any
other agencies prior to construction in accordance with the permit.
Obtaining such approval or permits is the responsibility of the applicant.
No operations shall be initiated until such approvals or permits have
been issued.
No person shall conduct blasting operations within the Town
of North Castle after the hour of 5:00 p.m. and before 8:00 a.m. nor
at any time on Sunday or federal holidays, except in the case of emergency
or necessity, and then only with permission of the Building Inspector.
A blaster is absolutely liable for any damages he causes, with
or without trespass. The intentional setting off of explosives, that
is blasting, in an area in which it is likely to cause harm to neighboring
persons or property shall make the blaster and the person who engages
him absolutely liable for the consequences of his act.
The holder of a blaster's license issued pursuant to this chapter
shall perform blasting operations in accordance with the provisions,
regulations and requirements of the Labor Law and of the codes, rules
and regulations and any and all amendments thereto and, in addition,
shall perform such blasting operations in accordance with recommended
good practices usually employed in the industry and as follows:
A. Amount of explosives used. No person shall use, in a blasting operation,
a quantity of explosives greater than necessary to properly start
the rock or other substances nor use such an amount as will endanger
persons or property.
B. Precautions required. All blasts within 500 feet of any roadway,
public area, occupied private area or structure, before firing, shall
be covered with matting or other suitable protection of sufficient
size, weight and strength to prevent the escape of broken rock or
other material in a manner liable to cause injury or damage to persons
or property. All blasts not within 500 feet of any roadway or structure
shall have a suitable screen so as not to cause injury or damage to
persons or property.
C. Warning flags. No person shall fire or explode or direct or cause
to be fired or exploded any blast in or near any highway or public
place in the Town of North Castle unless competent persons carrying
a red flag and whistle shall have been placed at a reasonable distance
on all sides of the blast to give proper warning thereof at least
three minutes in advance of firing.
D. Storage requirements; records.
(1) Explosives for blasting shall be kept in a properly constructed magazine
painted red and marked "danger."
(2) At no time shall the amount of explosives kept at the site of the
work exceed amounts needed for one working day, unless otherwise approved,
in writing, by the Building Inspector. Such explosives shall be stored,
handled and used in conformance with any and all applicable laws,
regulations and codes. Under no circumstances may explosives be stored
over any weekend, and all excess explosives not required for the last
workday of the week's detonation shall be removed by 12:00 noon on
that day.
(3) Accurate daily records shall be kept showing the amount of explosives
on hand within the municipal boundary, both at the site and at any
storage magazine; the quantities received and issued and the purpose
for which issued, when used or stored within the Town limits.
(4) The blasting contractor shall be responsible for any damage or injury
to any persons, property or structures as a result of his handling,
storage or use of explosives.
(5) Magazines to be used for storage of explosives shall be as specified
in the current standards of the National Fire Protection Code. Magazines
are to be kept locked, except when being inspected or when explosives
are being placed therein or being removed therefrom. All magazines
will be stored at a location approved by the Building Inspector. Under
no circumstances is the agreed storage location to change without
written permission of the Town.
(6) Prior to the issuance of a permit, the blasting contractor shall
submit to the Building Inspector his anticipated route through the
Town for the delivery of any explosives. No permit will be issued
until the route is approved by the Building Inspector and, if found
necessary, the Fire Inspector.
[Amended 11-18-2015 by L.L. No. 9-2015]
Public utilities and governmental agencies may be granted an exception to the provisions of this chapter only by the Town of North Castle Building Inspector and only upon written request by such public utility or governmental agency for such special exception. Such written request shall state the reasons for the request and the blasting for which such exception is requested and shall include as part of such request certificate(s) of insurance as required in §
122-6A(5) of this chapter. Such request shall be accompanied by a fee as set forth in the Master Fee Schedule. Such special exception shall be granted for a period not
to exceed 12 months and may be renewed from time to time upon written
request and payment of the fee as required by this section.