[HISTORY: Adopted by the Town Board of the Town of New Castle 10-22-1985 as part of L.L. No. 15-1985. Amendments noted where applicable.]
[Amended 2-27-1990 by L.L. No. 9-1990]
No blasting shall be conducted without the issuance of a blasting permit issued by the Building Inspector in accordance with this chapter and Chapter 48 of the Code of the Town of New Castle. Application for such permit shall be upon forms adopted by the Building Inspector and shall be submitted with a fee as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended.
[Amended 9-10-2002 by L.L. No. 8-2002; 11-22-2011 by L.L. No. 15-2011]
No blasting shall take place on Saturday, Sunday or on any of the following holidays:
Whenever blasting shall be permitted under the provisions of the Town Code, written notice, as approved by the Town Engineer, shall be given to property owners, at their addresses as shown on the latest assessment roll of the Town of New Castle, as to all improved properties within an area designated by the Building Inspector. Said area shall include all properties which the Building Inspector shall find will be substantially affected by the proposed blasting. Said notice shall state the date on which blasting is proposed to commence and the estimated date when blasting will be completed. Said notice shall be mailed by certified mail, return receipt requested, at least 10 calendar days before the proposed commencement of blasting and shall be placed at each property in a conspicuous place at least three days before commencement of blasting. An affidavit of mailing or delivery of the notice, designating the name and address of each property owner notified, shall be filed with the Building Inspector before commencement of blasting. Failure to furnish evidence of such notice shall be grounds for revoking a permit for blasting.
The applicant for a permit for blasting shall submit with his application a certificate of insurance evidencing the issuance in full force and effect of comprehensive public liability insurance for all property damage or personal injury caused by blasting operations. Said insurance shall have limits of liability in amounts determined to be adequate by the Building Inspector, but not less than $1,000,000 for personal injury and $500,000 for property damage, and shall be issued by a casualty insurance company authorized to do business in the State of New York. Said certificate shall provide for 10 days' written notice to the Town of New Castle as to any termination of said insurance. Receipt of such notice of termination shall be grounds to revoke a permit for blasting.
Violations of this chapter shall be punishable by a fine which shall not exceed the sum of $250 for each violation. Each day that a violation continues shall be considered a separate violation and shall be punishable as such hereunder.