[HISTORY: Adopted by the Board of Trustees of the Village of Monticello 5-23-2005 by L.L. No. 3-2005. Amendments noted where applicable.]
This chapter shall be known as the "Regulations for the Transportation, Storage and Use of Explosives within the Village of Monticello."
The Board of Trustees of the Village of Monticello recognizes the need to provide regulations for the transportation, storage and use of explosives in the Village of Monticello to provide for the health, safety, and welfare of its residents, the protection of private and public properties and the environment.
Blasting operations shall not be conducted within the Village of Monticello 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 of the Village to limit blasting within the Village to those activities or purposes which cannot be accomplished by the applicant by any other practical means other than that of actual blasting. The unavailability of alternative feasible means shall be determined by the unanimous decision of the Building Inspector and the Village Engineer and/or their respective designees. In the event that either the Village Engineer or Building Inspector determines that there is any alternative feasible means, no blasting permit shall be issued. The provisions of this chapter shall not apply to the detonation of explosives associated with the installation of utility poles within the Village.
As used in this chapter, the following terms shall have the meanings indicated:
- BLASTS and BLASTING
- Includes any activity whereby layers of earth and/or rock are dislodged or torn apart by the use of any explosives and includes displacement of any vegetation, ground cover, earth or rock by the explosion or detonation of explosive material.
- Gunpowder, powders used for blasting, high explosives, blasting materials, detonating fuses, detonators, agents, smokeless powders, any chemical compound or mechanical mixture containing oxidizing and combustible units, or other ingredients in such quantities or packing that ignition by fire, friction, concussion, percussion or detonation of any part thereof may and is intended to cause an explosion. This does not include gasoline, kerosene, naphtha, turpentine, benzene, acetone, ethyl ether, benzol and quantities of black powder not exceeding five pounds for the use in firing antique firearms or artifacts or replicas thereof. Fixed ammunition and primers for small arms, safety fuses and matches shall not be deemed to be explosive 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 that could cause injury to life, limb or property.
- Any building or other structure, other than an explosive's factory, used to store explosives.
- Includes any natural person, partnership, association or corporation.
No blasting shall be permitted in the Village of Monticello except between the hours of 10:00 a.m. and 3:00 p.m., excluding Saturdays, Sundays and public holidays when no blasting shall be permitted at any time.
It shall be a violation of this chapter for any person to possess, use or store explosives in any location within the Village of Monticello without first filing an application with and obtaining a permit from the Building Inspector of the Village of Monticello. This permit shall not be transferable and may only be used for the specific location and times specified on the permit.
Application. The application for any blasting permit required by this chapter shall include the following items:
A site plan, including the following information:
The area proposed to be disturbed and its relation to neighboring properties, together with buildings, roads, underground utilities, and natural watercourses, if any, within 1,000 feet of the boundaries of the said area. An inset map at a reduced scale may be used, if necessary and helpful.
The area that is to be disturbed by the proposed blasting. The precise location of the explosives to be detonated.
The applicant shall, at his or her expense, prepare a map and report with photographs of all structures within 750 feet of the proposed blasting site, so long as access is granted by the owner thereof, by a person or firm routinely providing real estate inspection service. This map and report shall indicate the physical condition of such structures prior to the blast sufficient to determine after-blast residual damage. In cases where the surrounding area within 750 feet of the proposed blasting site is serviced by well water, sampling and inspection of all such wells will be provided and results kept for follow-up. Sampling shall include one bacteriological analysis on each well. Inspection shall include a measurement of the static water level in each well where accessible without pulling the existing pump and piping. Such map and report may be used in support of a permit application for a period of one year within which the report was prepared for a particular piece of property.
The location of any sewage disposal system, any part of which is within 750 feet of the proposed disturbed area.
The rehabilitation or restoration proposed.
The name, address, and telephone number of the person in charge of the proposed blasting operations.
Evidence that such person is duly licensed to conduct blasting operations.
A description of the blasting procedure to be used, including type and amount of explosive charge.
Required certificate of insurance. The Building Inspector, pursuant to this chapter, shall issue no blasting permit until the applicant shall have filed a certificate of insurance with the Village, which shall comply with the following requirements:
The insurance carrier for the blasting contractor shall be an A-rated company licensed to do business in the State of New York.
The certificate of insurance shall name the Village of Monticello as an additional named insured with all rights and privileges of the policy contract without the responsibility to pay premiums.
The blasting contractor shall maintain products liability and completed operations liability coverage for a minimum of two years after completion of blasting operations.
The certificate of insurance shall show premises operations liability and completed operations liability coverages, with limits of liability for bodily injury or property damage of at least $5,000,000 or such lesser amount as the Building Inspector may accept after taking into consideration the type and extent of proposed blasting activities, and shall specify that explosion, collapse, and underground hazards are included in such coverages.
The certificate of insurance shall indicate the following cancellation clause: "The coverage afforded under the policies will not be canceled or allowed to expire unless 30 days' written notice is given to the addressee of this certificate."
Required indemnification agreement. No blasting permit shall be issued by the Building Inspector pursuant to this chapter until the applicant shall have filed an executed indemnification agreement with the Village of Monticello, which shall provide as follows: "The Contractor shall indemnify and hold harmless the Village of Monticello and its agents and employees from and against all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from the performance of the blasting work, provided that any such claim, damage, loss or expense a) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the blasting work itself), including the loss of use resulting therefrom, and b) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder."
Required notice. Whenever a blasting permit shall be issued pursuant to this chapter, written notice shall be given by the applicant to property owners at their respective addresses as shown on the latest assessment roll of the Town of Thompson as to all improved properties within an area designated by the Building Inspector. Said area shall include all properties which the Building Inspector shall determine may 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, and regular mail, 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. The permit holder shall supply the Building Inspector with an affidavit detailing the properties located within 750 feet of said blasting and the date, time and method of service upon all such properties.
Village Engineer review and report.
The Building Inspector shall refer each application to the Village Engineer for review and report, in accordance with the standards and requirements of this chapter, at the applicant's expense.
The Village Engineer shall review each application and report to the Building Inspector as to whether or not the proposed blasting operation poses a danger to persons or property in the vicinity of the area proposed to be disturbed, and whether the measures proposed to protect persons and property from such danger are sufficient.
Safety precautions. All blasts, before firing, shall be covered with 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 to persons or property.
Approval or disapproval. The Building Inspector shall approve or disapprove the application for a blasting permit within 20 days of the receipt of a complete application.
An application for a permit shall be made on forms provided by the Building Inspector and shall be accompanied by the following:
A New York State explosive handler's license, blaster's license and, where applicable, a New York State magazine license.
A certificate of insurance evidencing proofs of a valid insurance policy for liability and damage insurance in an amount not less than $5,000,000. The insurance shall include the name of the insurance company, the amount of coverage, the name and address of the insured, and the name and address of the agent or broker through whom it was placed and can attest to such coverage. The policy shall include the Village of Monticello as additional named insured.
Long form EAF (environmental assessment form).
Application fees; permit extension fees.
The fee of $500 for the permit and $1,500 refundable escrow returnable upon completion and removal of all blasting materials. Written notification of removal of all explosives shall be supplied to the Building Inspector prior to the release of escrow.
The permit shall expire 30 days from date of issue. The Building Inspector may extend the permit for thirty-day periods upon request by the applicant and the payment of $500 for each thirty-day extension.
Preblasting and postblasting surveys.
Prior to any blasting, a condition survey should be undertaken for all buildings and utilities within 400 feet of the construction activity, and it should include all historic buildings and structures. This survey should document the existing exterior and interior conditions of these buildings. Written documentation should be sent to any owner who withholds permission for conducting the condition survey. The condition survey should typically include engineering notes and photographs or video records taken by specialty photographers. The report should also summarize the condition of each building and define areas of concern. Reports of the condition surveys should be made available to the owner for his review prior to the start of any construction or demolition activity.
A record search of all production wells in the vicinity of the site should be performed. Static groundwater measurements should be made in these walls before and after the completion of blasting operations.
Line and grade surveys should be performed by a licensed surveyor of all existing structures within an area of 150 feet where close-in blasting is required as these structures are most susceptible to permanent displacements from the blasting. The reference points should be established at least 750 feet from the blast site. The survey accuracy should be within 0.005 feet. Existing cracks on buildings within a radius of 150 feet should be monitored using crack monitoring gauges.
Three weeks prior to commencing the test blast program and any time the contractor proposes to change the drilling and blasting methods, he should submit an implementation plan to the project design engineer for review and recordkeeping purposes.
The blasting operations should be controlled using the frequency-based peak particle velocity, measured using instruments that provide particle velocity waveform in conjunction with the peak event waveform. At least two blast monitors, each with two or three geophones, should be used for blast monitoring, as approved by the project design engineer.
Prior to commencing full-scale controlled blasting operations, the contractor should demonstrate the adequacy of the proposed implementation plan by drilling, blasting, and excavating short test sections.
When blasting near adjacent structures, utilities, groundwater wells and property lines, production blasting should start as far as possible from the existing facilities, so that blast vibrations and bedrock geology can be evaluated as blasting approaches the existing features.
Postblast surveys of the buildings and/or structures surrounding the site should be made in the event that the owners or residents make a specific blast-related damage claim. The contractor and the project design engineer should conduct these surveys.
The postblast survey will be based on the particular damage claim and will serve simply to confirm or deny the validity of the damage claim. The complaint damage itself should be inspected, documented, and photographed, if necessary, in order to make comparison reference to the original preblast survey. The postblast survey should distinguish between different types of cracking in structures, including cosmetic cracking and structural cracking.
All purchase, possession, transportation and use of explosives shall be conducted under the direct control and supervision of a person duly licensed by the State of New York pursuant to § 458 (12 NYCRR Part 39) of the Labor Law of the State of New York.
The issuance of any permit hereunder shall in no manner be construed as an approval of, waiver of or compliance with any additional requirements of the State of New York, the Department of Labor or any other agency authorized to supervise the detonation of explosives.
The invalidity of any section, clause, sentence or provision of this chapter shall not affect the validity of any part of this chapter which can be given effect without such invalid part or parts.