[Amended 2-27-1990 by L.L. No. 9-1990]
A. 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]
B. No blasting shall take place on Saturday, Sunday or
on any of the following holidays:
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New Year's Day
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Washington's Birthday (Presidents' Day)
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Memorial Day
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Independence Day
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Labor Day
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Yom Kippur
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Thanksgiving Day
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Christmas Day
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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.