[HISTORY: Adopted by the Town Board of the Town of Parma 9-27-1982. Amendments
noted where applicable.]
It is the intent of the provisions of this chapter to regulate
the use of explosives and strictly control blasting operations which
are in any way associated with excavations or activities within the
Town of Parma so as to provide for the safety of those engaged in
such blasting as well as those who may be affected thereby.
As used in this chapter, the following terms shall have the
meanings indicated:
That area of land of the owner or applicant which will be
directly affected by any blasting operations conducted thereon, which
area shall be not less than 50 yards in all directions from the location
of any explosives which are ignited or set off.
The peak atmospheric overpressure, when measured with a measuring
system that has a flat response (plus or minus three decibels) at
frequencies of six hertz or lower.
Any person, firm or corporation or other entity making application
to the Town of Parma to conduct blasting operations within the Town
of Parma. The owner of any lands upon which blasting operations are
proposed to be conducted shall join in and is a necessary party to
any application for a license to be issued.
Any detonation of explosives which shall occur within a time
not to exceed one second, inclusive of any time delay method which
may be employed.
The area in which explosives, loading and blasting operations
are being conducted.
The person or persons authorized and licensed by the State
of New York to use explosives for blasting purposes.
Any activity or conduct carried on or conducted within the
Town of Parma in which explosives are used.
Includes black powder, guncotton, giant powder, dynamite,
nitroglycerine, fulminate of mercury or any other substance, compound,
mixture or article having properties of such a character that alone
or in combination or contiguity with other substances or compounds
may decompose suddenly and generate sufficient heat, gas or pressure
to produce rapid flaming combustion or administer a destructive blow
to persons or property, including but not limited to all materials
classified as Class A, B or C explosives by the United States Department
of Transportation.
Any pits, depressions or underground workings from which
any mineral is produced for sale, exchange or commercial, industrial
or municipal use and all slopes or inclines leading thereto, including
all equipment above, on or below the surface of the ground used in
connection with such pits, depressions or workings.
The applicant's proposal for the mining and reclamation
of the affected land. The mined land use plan shall consist of a mining
plan and reclamation plan which shall include maps and other documents
as required to describe and illustrate environmental, physiographic,
cultural and surface conditions at and surrounding the mine as well
as the applicant's proposed mining and reclamation methods.
The extraction or removal of minerals from the ground or
the breaking of the surface soil in order to facilitate or accomplish
the extraction or removal of minerals, including any activities or
processes or parts thereof for the extraction or removal of minerals
from their original location and the preparation or processing of
minerals at the mine location so as to make them suitable for sale,
exchange or commercial, industrial or municipal use, but shall not
include excavation or grading when conducted solely in aid of farming
or on-site construction.
The rate of movement in inches per second on any single component
of motion: longitudinal (horizontal motion along the line between
the blast and the seismograph location), transverse (horizontal motion
at right angles to the longitudinal) or vertical. For the purposes
herein, measurements of particle velocity shall be made on the ground
adjacent to the nearest public building, school, church or residential
or other commercial or institutional building or structure nearest
to the blast area and shall be measured with a three-component portable
seismograph yielding a direct recording of particle velocity.
A.
It
shall be unlawful to engage in blasting operations or in any other
activity in which explosives are used in the Town of Parma without
having secured a license therefor and having fully complied with the
provisions of this chapter. It is the intention of this provision
that explosives shall not be stored within the Town of Parma.
B.
The
license shall be applied for and issued in the name of the owner of
the work area upon which such blasting operations shall be conducted,
and the application for such license shall state the purpose, nature
and extent of the proposed blasting operations as well as the location
of the affected area.
A.
Licenses shall be issued by the Town Clerk of the Town of Parma, provided that all of the requirements set forth in § 19-8 hereof have been complied with by the applicant.
B.
The
applicant shall complete and file with the Town Clerk an application
for a license upon a form established by the Town Board from time
to time. Upon the filing of a completed application for a license,
the Town Clerk shall transmit the same to the Town Board. The Town
Board shall hold and conduct a public hearing upon such completed
application and shall cause public notice of such hearing to be given
by publishing notice thereof in the official newspaper of the town,
which notice shall be published at least once, such publication to
be not less than seven days nor more than 20 days prior to the actual
date established for such public hearing. The Town Clerk shall also
post public notice of such public hearing on the official bulletin
board maintained by the town, such posting to be not less than seven
days prior to the actual date established for such public hearing.
C.
After
the public hearing conducted hereunder, the Town Board shall consider
all evidence presented to it for consideration and shall thereafter
act upon such application, stating specifically its reasons for approval,
disapproval or modification of the application for a license. If approved,
the license shall be issued by the Town Clerk, provided that all other
requirements of this chapter have been complied with by the applicant.
The applicant shall pay, prior to the issuance of a license
hereunder, the appropriate fee therefor as established by the Town
Board by resolution, from time to time.
A.
The
applicant for a license hereunder shall state upon such application
the period of time for which he wishes such license to be issued,
which license period shall be, in any event, not less than 72 hours
nor more than three years.
B.
So
far as practical, the license period shall be such so as to coordinate
with the expiration date of any other state, federal or local permits
which may be held by the applicant which are relevant to or associated
with the applicant's blasting operations. All license fees as
hereinbefore set forth shall be prorated accordingly. Suspension or
revocation of any license issued hereunder shall not entitle the applicant
to any refund of any part of the license fee paid.
Application for renewal of a license previously issued hereunder
shall be made not later than six months prior to the expiration of
the current license period. The applicant shall present satisfactory
evidence of the existence of all other required state, federal and/or
local permits which may be required, as well as evidence of continued
compliance with all provisions of this chapter. Violations of the
provisions of this chapter during the current license period may be
sufficient reason for denial of the license renewal application. Any
blasting conducted by the applicant within the Town of Parma without
having previously obtained a license thereof shall be considered as
a factor in passing upon any application for a license or renewal
thereof. Renewal of the license upon its termination shall follow
the same procedures as those required in this chapter for the issuance
of the original license.
A.
General
requirements.
(1)
No license to blast within the Town of Parma shall be issued until
the applicant shall post and file with the Town Clerk a policy of
liability insurance in at least the amount of $500,000/$1,000,000,
such policy of insurance to name the Town of Parma as additionally
insured so as to provide for the payment of any damages arising from
the permitted blasting. The town may also require that the applicant
execute and deliver to the town an indemnity agreement indemnifying
the Town of Parma from any claims of any nature whatsoever arising
out of the permitted blasting. The license shall automatically terminate
and close should the bond or policy of insurance be canceled or otherwise
terminated.
(2)
The applicant shall comply with all requirements of Chapter 46, Environmental Quality Review, of the Code of the Town of Parma, and no license to blast shall be issued until a final determination authorizing the same has been issued in accordance with the provisions of such chapter.
(3)
Prior to issuance of the license, the applicant shall file with the
Town Clerk a copy of the current license of the blaster as issued
by the State of New York. Such license shall be kept on file in the
office of the Town Clerk and shall be open to inspection at any time.
The applicant shall file with the Town Clerk any amendment, change
or revision of such license so filed, and should the blaster's
license at any time expire, then, in that event, no further blasting
shall occur until a current license shall be filed.
B.
Specific
requirements.
(1)
Reclamation. Should the conduct of the blasting be such that it may
create a mine or should the blasting be used in conjunction with mining
operations, the applicant shall file with the town a mined land use
plan indicating the applicant's proposal for mining and reclamation
of the affected area, and the applicant shall further be subject to
and shall evidence compliance with all provisions of the New York
State Mined Land Reclamation Law, Title 27 (Environmental Conservation
Law, §§ 23-2701 through 23-2727). The applicant shall
post and file with the Town of Parma a bond or letter of credit in
an amount deemed sufficient by the Town Board so as to assure to the
town that the proposed reclamation plan will be completed as proposed.
(2)
Safety.
(a)
During the conduct of any blasting operations and until such time
as the ground surface of the affected area shall be restored to an
elevation equal to that of the average ground surface elevation of
the surrounding area, the applicant shall securely fence the affected
area with fencing of not less than six feet in height so as to assure
no access to the affected area either during the actual conduct of
blasting operations or after such blasting operations have been completed.
Such fencing shall be adequately posted with DANGER, BLASTING AREA,
KEEP OUT signs clearly visible at all times from the boundaries of
the affected area.
(b)
The applicant shall be subject to and shall at all times be in compliance
with all applicable provisions and regulations of the Occupational
Safety and Health Administration, and, in particular, without limitation,
Subpart U of OSHA Standards, 1926.900 to 1926.914, Blasting and the
Use of Explosives. The applicant shall be subject to and shall at
all times be in compliance with all applicable provisions and regulations
of Rule No. 23 of the Industrial Code of the New York State Department
of Labor, 23-61 to 23-63, Explosives. Should the applicant be found
to be in violation of either of the above regulations, or any part
thereof, the license issued hereunder may be suspended or revoked
until such time as the applicant shall come into compliance.
A.
The
applicant shall file with the Town Clerk at the time of the application
for the license hereunder, and no later than every six months thereafter
during the license period, a schedule of the dates and times of the
anticipated detonation of explosives at the affected area. Such schedule
may be amended in writing from time to time by the applicant, but
in no event less than 24 hours in advance of any anticipated blasting
operations.
B.
All
detonation of explosives shall take place between the hours of 10:00
a.m. and 3:00 p.m., and no detonation of explosives shall take place
on either Saturday or Sunday or on any legal holiday.
C.
During
scheduled blasting operations, the applicant shall prominently display
adequate signs warning against the use of mobile radio transmitters
on all roads within 1,000 feet of the affected area.
D.
The
applicant may be required to provide additional reasonable safety
precautions as may be required by the Town Board or its representative
as required by the particular field conditions or conduct of the blasting
operation.
A.
No blasting operations shall be conducted within the Town of Parma
when the purpose and/or effect of such proposed blasting may be accomplished
by some other feasible means available to the applicant, it being
the intention hereof to limit the blasting within the Town of Parma
to those activities or purposes which cannot be accomplished by the
applicant by any other practical means other than that of actual blasting.
B.
Threshold limits.
(1)
No explosive or series of explosives shall be detonated pursuant
to the license issued hereunder which shall cause damage of any kind
to adjacent structures or buildings. It is recommended that the following
industry-accepted threshold limits be used as a guide only in determining
the potential effect of a blast on nearby structures:
(a)
Particle velocity: one inch per second maximum, measured at
ground level adjacent to the nearest structure.
(b)
Air overpressure: peak overpressure of 0.0092 pound per square
inch (130 dB) maximum, measured at ground level adjacent to the nearest
structures.
(c)
Time delay: maximum weight of explosives, in pounds or its equivalent,
for any blast, shall be determined in accordance with the following
formula:
|
W = (D/60)2
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|
Where:
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|
W =
|
The maximum weight of explosives in pounds per delay that can
be detonated within any time interval of eight milliseconds or more.
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|
D =
|
The distance in feet to the ground adjacent to the nearest public
building, school, church or residential or other commercial or institutional
building or structure nearest to the blast area which may be affected
by the conduct of such blasting operations.
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(2)
Notwithstanding the above-mentioned limits, it shall be the responsibility
of the applicant and his blaster to review each proposed blast individually
to determine if smaller threshold limits should be applied. In any
event, the applicant and his blaster shall be responsible for any
damage caused to structures or buildings as a result of their operations.
C.
The applicant shall state separately on his filed schedule of blasting
the number of pounds of explosives per eight-millisecond time delay
or more to be detonated during each scheduled blast. The applicant
shall further file with the Town Clerk every 60 days a certification
from the blaster indicating compliance with the filed schedule of
number of pounds of explosives per eight-millisecond time delay or
more for each blasting operation conducted during the preceding sixty-day
period.
D.
The Town of Parma may, during the license period, monitor the blasting
operations of the applicant in accordance with the recommended limits
herein set forth, and should it be found and determined by the Town
of Parma that the applicant shall have exceeded any of the recommended
limits or shall have caused damage to adjacent structures or buildings,
the Town of Parma may suspend and/or revoke the license issued hereunder
until it is satisfied that compliance with the standards set forth
herein is assured.
E.
For the purposes of these provisions, measurements of particle velocity
and air pressure shall be made on the ground adjacent to the nearest
public dwelling, school, church or residential or other commercial
or institutional building or structure not on the property of the
applicant.
F.
No more than two blasts shall occur within the Town of Parma during
any twenty-four-hour period.
A.
Any person, firm or corporation, whether licensed pursuant to the
provisions of this chapter or not, who commits or permits any acts
in violation of any of the provisions of this chapter shall be deemed
to have committed an offense against such chapter and also shall be
liable for any such offense or the penalty therefor. Each day such
violation shall continue or be permitted to exist shall constitute
a separate violation.
B.
For every violation of any provision of this chapter the person violating
the same shall be subject to a fine of not more than $250 or imprisonment
not exceeding 15 days, or by both such fine and imprisonment.[1]
C.
Conviction for violation of this chapter shall constitute and effect
an immediate forfeiture of the license.
D.
Any person violating this chapter shall be subject to a civil penalty
enforceable and collectible by the town in the amount of $100 for
each such offense. Such penalty shall be collectible by and in the
name of the town for each day that such violation shall continue.
E.
In addition to the above-provided penalties and punishment, the Town
Board may also maintain an action or proceeding in the name of the
town in a court of competent jurisdiction to compel compliance with
or to restrain by injunction the violation of such chapter.
Whenever it appears that any of the provisions of this chapter
are in conflict with any provisions of any state, federal or town
law, ordinance, rule or regulation, such conflicting provisions shall
be read and construed, as far as possible, so as to give purpose and
effect and carry out the expressed intention of each of such conflicting
provisions. Should any of the provisions of this chapter impose more
stringent requirements than that imposed by any state, federal or
town law, ordinance, rule or regulation, then, in that event, the
provisions of this chapter shall take precedence over and shall supersede
the provisions of such less restrictive state, federal or town law,
ordinance, rule or regulation. Should any provisions of any state,
federal or town law, ordinance, rule or regulation impose more stringent
requirements than that imposed by the provisions of this chapter,
then in that event, the provisions of such state, federal or town
law, ordinance, rule or regulation shall take precedence over and
shall supersede the provisions of such less restrictive provisions
of this chapter.
A.
Where there are practical difficulties or unnecessary hardships in
the way of carrying out the strict letter of this chapter, the Town
Board of the Town of Parma shall have the power in passing upon the
application required herein to vary or modify any of the regulations
or provisions contained herein so that the spirit of the chapter shall
be observed, public safety and welfare secured and substantial justice
done.
B.
Specifically, when the request for a blasting permit involves a one-time
or short-term need related to an agricultural pursuit, a building
demolition or a building construction activity, the Town Board may
accept an application based on the following requirements:
(1)
That the blaster file a copy of his current New York State license
with the town.
(2)
That the blaster file current and up-to-date insurance certification
that he has adequate insurance coverage.
(3)
That information be provided relative to the location of the proposed
blasting operations, whom it is being done for, the proposed blasting
schedule and the purpose for which blasting is proposed.
(4)
That the blaster notify all appropriate agencies, including police,
fire and emergency service agencies, along with nearby residents,
at least 24 hours prior to the blast so that people are made aware
of what will occur.
(5)
Any additional information or standards the reviewing official or
Town Board may deem necessary to ensure compliance with the intent
of this chapter.
The provisions of this chapter shall not apply to blasting operations
conducted in conjunction with the installation of sanitary sewer,
water, gas or other underground public utility service connections.
