It is the intent of the provisions of this chapter to regulate
the use of explosives and to strictly control blasting operations
which are in any way associated with excavations or activities within
the Town of Ogden 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:
AFFECTED AREA
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.
AIR OVER PRESSURE
The peak atmospheric over pressure, when measured with a
measuring system that has a flat response (± 3 dB) at frequencies
of six hertz or lower.
APPLICANT
Any person, firm or corporation or other entity making application
to the Town of Ogden to conduct blasting operations within the Town
of Ogden. 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.
BLAST
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.
BLAST AREA
The area in which explosives, loading and blasting operations
are being conducted.
BLASTER
The person or persons authorized and licensed by the State
of New York to use explosives for blasting purposes.
BLASTING OPERATIONS
Any activity or conduct carried on or conducted within the
Town of Ogden in which explosives are used.
EXPLOSIVES
Includes black powder, guncotton, giant powder, dynamite,
nitroglycerin, 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 to 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.
MINE
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.
MINED LAND USE PLAN
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.
MINING
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.
PARTICLE VELOCITY
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.
WORK AREA
The area of land of the owner or applicant for which an excavation permit has been issued and a permit fee paid in accordance with the provisions of Chapter
131 of the Code of the Town of Ogden.
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.
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 Ogden without
having previously obtained a license therefor 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.
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.
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 Ogden 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.
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.