[HISTORY: Adopted by the Board of Trustees
of the Village of Pomona 5-20-1996 by L.L. No. 3-1996.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 67.
Firearms — See Ch. 70.
Fire prevention — See Ch. 74.
Noise — See Ch. 96.
[1]
Editor's Note: This local law repealed former
Ch. 65, Explosives, adopted 6-16-1986 by L.L. No. 1-1986, as amended.
From the effective date of this chapter, it
shall be unlawful for any person, firm or corporation to transport,
store or use dynamite, powder or other explosives within the limits
of the Village of Pomona, New York, without first obtaining a license
therefor from the Village Clerk.
[Added 1-25-1999 by L.L. No. 1-1999]
As used in this chapter, the following terms
shall have the meanings indicated:
The entire lot or property on which blasting is to be conducted.
An engineer or land surveyor, licensed by the State of New
York.
[Amended 10-27-2003 by L.L. No. 8-2003]
An applicant for such license shall apply to
the Village Clerk on a form provided by the Village Clerk. Such application
shall be accompanied by the payment of a fee as set forth in the fee
schedule adopted by the Board of Trustees.[1]
[1]
Editor's Note: The fee schedule is on file
in the Village offices.
A.
Said application shall be accompanied by proof of
workers' compensation insurance and a certificate showing that the
applicant is a holder of a New York State blasting license, indicating
the date of the issuance of said license and the date of its expiration.
A certified copy of said license shall satisfy this requirement.
[Amended 1-25-1999 by L.L. No. 1-1999]
B.
The applicant shall attach to the application a schedule
of intended blasting, including a range within five hours and three
days, the approximate location(s) depicted on a map drawn to scale
and the size and number of charges intended to be detonated.
C.
The applicant shall furnish a bond, in a form approved
by the Village Attorney and in an amount approved by the Village Engineer,
by which the Village of Pomona and any and all residents which may
be affected or damaged by blasting will be adequately protected against
damage resulting from such blasting, or, in the alternative, the applicant
shall furnish a liability insurance policy naming the Village of Pomona
and any and all persons within a radius of 600 feet of the property
lines of the property on which the blasting is to occur and who may
be damaged by such blasting as additional insured, in the minimum
sum of $5,000,000, issued by an insurance carrier authorized to do
business in the State of New York. Such bond or liability insurance
policy shall be submitted simultaneously with the application. The
application shall be deemed incomplete if not accompanied with such
bond or insurance policy.
[Amended 1-25-1999 by L.L. No. 1-1999]
D.
The applicant shall furnish a site plan prepared by
a responsible party approved by the Village Engineer containing the
following information:
[Added 1-25-1999 by L.L. No. 1-1999]
(1)
A survey of the blasting site 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 said area. An inset map at a reduced scale may be used,
if necessary and helpful.
(2)
The location of any well, and the depth thereof, located
within 500 feet of the blasting site.
(3)
The location of any public or private sewage disposal
system, any part of which is within 500 feet of the blasting site.
E.
The applicant shall furnish the name, address and
telephone number of the person in charge of the proposed blasting
operations.
[Added 1-25-1999 by L.L. No. 1-1999]
[Amended 1-25-1999 by L.L. No. 1-1999]
No such license shall be issued until the applicant
has demonstrated by written report prepared by a responsible party
approved by the Village Engineer, such as an engineer or land surveyor
licensed in the State of New York, to the satisfaction of the Village
Engineer that blasting is required and that blasting can be accomplished
without danger or damage to person or property. The Village Engineer
shall certify to the Village Clerk that he has found such blasting
to be required prior to the issuance of such license.
No license shall be effective for longer than
60 days. Upon certification by the Village Engineer that blasting
is required beyond the original sixty-day period of any license, the
Village Clerk may issue an extension of said license for additional
periods of 30 days.
The Village Clerk is hereby empowered to revoke
forthwith any license issued under this chapter upon said Village
Clerk's receipt of a written statement by the Village Engineer or
Code Enforcement Officer that this chapter is being violated.
A.
Prior to commencement of blasting, the applicant shall
furnish the Village Engineer with a written report prepared by a source
independent of the application and the owner of the property on which
the blasting is intended, such as an engineer licensed by the State
of New York, of the area within a six-hundred-foot radius of the blasting
site(s), including a preblasting survey of existing conditions, with
photographs, if required by the Village Engineer.
B.
The applicant shall provide a minimum of 14 days'
and a maximum of 30 days' notice to the public of said intended blasting
location by publishing the address of the site and dates on which
blasting will commence and cease in the official newspaper designated
by the Board of Trustees for legal notice; by certified mailings to
owners of property abutting the property on which the blasting is
to occur and within a six-hundred-foot radius of the blast site, as
measured from property line to property line, listing the name, phone
number and physical street address of the blasting company, location
of the blasting site, dates on which blasting is to commence and cease,
hours and days of operations and notice of where maps and site plans
and permits are on file; and by four posters located on the perimeter
of the blasting site on poster forms to be furnished by the Village
Clerk.
[Amended 1-25-1999 by L.L. No. 1-1999]
C.
The applicant shall submit a traffic control plan
to the Village Engineer, which must be approved prior to commencement
of blasting.
D.
The Village Engineer or the Code Enforcement Officer
shall inspect the blasting site prior to commencement of blasting.
No blasting shall be permitted in the Village
of Pomona, except between the hours of 9:00 a.m. and 4:00 p.m., excluding
Saturdays, Sundays and public holidays (when Village Hall is closed),
when no blasting shall be permitted at any time.
During the hours when blasting is permitted,
peak article velocity and overpressure produced by any blast at a
distance measured by the distance from the blast to the closest structure
or building not owned or used by the entity conducting the blast shall
not exceed 0.75 inch per second for frequencies less than 40 hertz
(Hz) or 2.0 inches per second for frequencies of 40 hertz or more.
In addition, air pressure levels emanating from such blasts shall
not exceed 131 decibels (dB) for a high pass filter of 0.1 hertz or
128 decibels for a high pass filter of two hertz or 125 decibels for
a high pass filter of six hertz. The applicant shall be responsible
for placement and operating of measuring devices at generally accepted
engineering standards.
A.
It shall be the responsibility of any person, firm or organization which engages in blasting to maintain verified records of the place, date, time and amount of the charge set for each blast and also to monitor and maintain a permanent record of all blasts with measurements at distances indicated in §§ 65-7 and 65-9. Such person, firm or corporation shall, not less than quarterly and upon demand, provide to the Village Engineer all such records and other proof of compliance to the standards established by this chapter. Seismograph and air pressure readings of blasts shall be taken by a person regularly or routinely employed in the processes of seismograph readings and competent to qualify as an expert witness as to the results.
B.
Monitoring of blast.
(1)
The person, firm or corporation conducting the blast
is not required to monitor a blast if such blast is designed such
that the maximum charge per delay (expressed in pounds) does not exceed
the following:
|
(D/60) x (D/60)
| |
|
Where D (expressed in feet) is the distance
from the blast site to the closest structure or building not owned
or used by the entity conducting the blast.
|
(2)
A contemporaneous log of all such blasts must be maintained,
and proof of compliance with the standard maximum charge per delay
shall be furnished to the Village upon demand.
The violation of any of the provisions of this
chapter or failure to comply therewith shall be a misdemeanor and
be punishable by a fine which shall not exceed $500 or imprisonment
not exceeding three months, or both such fine and imprisonment; and
for such offenses which are continuing offenses, each day such violation
shall continue to exist shall constitute a separate offense. The application
of the above penalty shall not be held to prevent the enforced removal
of the prohibited conditions by any other means available to the Village
Board of the Village of Pomona. In the case of violation of any provision
of this chapter by a corporation, the sentence to be imposed shall
conform to the provisions of § 80.10 of the Penal Law and
the fines provided for therein. In addition to the above, the person
or corporation found guilty of any such violations shall be ineligible
to apply for or receive a license under this chapter for five years
after the date of such filing.
The Board of Trustees of the Village of Pomona
may, in addition to all other remedies contained herein, enforce this
chapter by injunction.
No explosives of any kind shall be stored at
any site within the Village of Pomona overnight.
