[HISTORY: Adopted by the Town Board of the Town of Marlborough at
time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments
noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 130.
This chapter shall be known as the "Explosives and Blasting Law of the
Town of Marlborough, New York."
A.
No person shall blast or cause to be blasted any rock
or other substance with any explosive in the Town of Marlborough, 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.
B.
The application for a blasting permit shall be on a form
approved by the Building Inspector and contain such information as is required
by the Building Inspector, accompanied by the fee as required. As part of
the application for a blasting permit, the applicant shall also submit a description
of all structures, including residential dwellings, located within three hundred
(300) feet of the blast site and a list of the names and addresses of the
owner or owners of any parcel of property on which the blasting is to take
place, as shown on the most recent tax rolls of the Town of Marlborough.
C.
Before such a permit is issued, the person shall submit
evidence, in the form of a certificate of insurance issued by an insurance
company authorized to do business in the State of New York, guaranteeing that
the applicant has in full force and effect a policy of public liability insurance,
including a specific endorsement covering the liabilities arising from blasting
and providing bodily injury coverage of not less than five hundred thousand/one
million dollars ($500,000./$1,000,000.) and property damage insurance of not
less than five hundred thousand/one million dollars ($500,000./$1,000,000.).
Such policy shall also provide to save the town harmless from all claims,
actions and proceedings brought by any person, firm or corporation for injury
to person or property resulting from or occasioned by such blasting operations.
Such policy shall contain the provision that the policy shall not be canceled,
terminated, modified or changed by the company unless thirty (30) days' prior
written notice is sent to the town by certified mail. No permit shall be valid
unless such insurance is in full force and effect.
A.
Such permit, when approved and signed by the Building
Inspector and upon payment of a fee in an amount set by resolution of the
Town Board[1] to the Building Inspector 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
six (6) months from the date of issue] and the particular place where the
blasting is to be done.
[1]
Editor's Note: The current fees resolution is on file in the office
of the Town Clerk and may be examined there during regular office hours.
B.
The Town Board may revoke any permit issued hereunder
at any time for good cause shown. If permit revocation occurs, a hearing shall
be conducted by the Town Board upon written notification of the permittee
of the time and place of and reason for such hearing.
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.
All blasts within two hundred (200) feet of any roadway or structure,
before firing, shall be covered with metal rope or metal matting, heavy timbers
chained together or other suitable screens 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
two hundred (200) feet of any roadway or structure shall have a suitable screen
so as not to cause injury or damage to persons or property.
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 Marlborough
unless competent persons carrying a red flag shall have been placed at a reasonable
distance on all sides of the blast to give proper warning thereof at least
three (3) minutes in advance of firing.
No person shall conduct blasting operations within the Town of Marlborough
after the hour of 5:00 p.m. and before 8:00 a.m., nor at any time on Sunday,
except in the case of emergency or necessity, and then only with permission
of the Building Inspector or the Fire Inspector.
A.
Not more than thirty (30) days nor less than seventy-two
(72) hours prior to the intended blasting, a notice of intent to blast shall
be served upon:
B.
The notice of intent to blast shall be delivered to the inhabitants or users set forth in Subsection A(1) or (2) of this section. In the event that personal delivery of the notice of intent to blast cannot be effected, the notice of intent to blast may be left or posted at the structure or dwelling in a conspicuous place or a certified letter, return receipt requested, may be sent to the affected structure or dwelling. The certified letter shall be mailed to the property owner. The addresses of property owners shall be obtained from the Tax Assessor's office.
C.
The notice of intent to blast shall also be delivered
to the Town Clerk, the New York State Police and the Ulster County Sheriff's
Department no less than seventy-two (72) hours prior to blasting.
D.
Delivery of the notice of intent to blast, as required
by this section, shall be the sole responsibility of the applicant for the
blasting permit
Public utilities and governmental agencies may be granted an exception to the provisions of this chapter only by the Town of Marlborough 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 § 93-2C of this chapter. Such request shall be accompanied by a fee in an amount set by resolution of the Town Board.[1] Such special exception shall be granted for a period not to exceed
twelve (12) months and may be renewed from time to time upon written request
and payment of the fee as required by this section.
[1]
Editor's Note: The current fees resolution is on file in the office
of the Town Clerk and may be examined there during regular office hours.
A.
Any person or corporation violating any of the provisions
of this chapter shall be guilty of a violation and, upon conviction thereof,
shall be subject to a fine of not more than two hundred fifty dollars ($250.)
or imprisonment for not more than fifteen (15) days, or both, for each offense.
Every violation of any provision of this chapter shall be a separate and distinct
offense, and, in case of continuing violation, every day's continuance thereof
shall be deemed to be a separate and distinct offense.
B.
This may be enforced by the Building Inspector.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes a written notice setting forth the location and approximate date or dates when blasting will occur. (See § 93-8A.)
Includes an individual, corporation, association, firm or partnership.
