[HISTORY: Adopted by the Town Board of the
Town of Tuxedo 9-9-1992 as L.L. No. 4-1992. Amendments noted where
applicable.]
A.
The Town Board hereby finds and determines that the
existence and continued operation of blasting operations within the
Town of Tuxedo has potential for adverse effects upon residents and
property, not only due to the existence of heavy trucking, noise,
dust and debris associated with such operations, but also there is
hazard to life and property from the direct and indirect effects of
blasting within the Town of Tuxedo. Pursuant to the authority contained
in the Town Law § 130, Subdivision 23, and the Municipal
Home Rule Law § 10, it is the intention of the Town of Tuxedo
to regulate the hours of operation and the degree of blasting that
takes place so as to ensure that such business operations do not result
in impairment of the health and safety of Town residents or unduly
expose private and public property to risk of damage or intrusion.
B.
Because the dimension of nuisance is added to by intrusions
affecting health and safety by persons or entities engaged in blasting
activities which operate during hours when Town residents expect relative
tranquility, the Town Board hereby asserts its right to designate
acceptable hours for blasting operations and to control the degree
of velocity and displacement of vibrations during those hours when
blasting is authorized.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any activity whereby layers of earth and rock are
dislodged or torn apart by the use of any explosive and includes displacement
of any vegetation, ground cover, earth or rock by the explosion or
detonation of any explosive material. For the purpose of this chapter,
"blasting" shall be permitted only in conjunction with a properly
permitted activity and as an accessory to such permitted activity.
No blasting shall be permitted in the Town of
Tuxedo except between the hours of 9:00 a.m. and 5:00 p.m., excluding
Saturdays, Sundays and public holidays observed by the Town of Tuxedo
when no blasting shall be permitted at any time.
Upon completion of the blasting work as described in the permit to be issued for such activity, all public roadways shall be cleared of all debris, rock, dust and other matter caused by the blasting activity. Said clean-up shall be included in any insurance policy issued under § 34-9B of this chapter.
During the hours when blasting is permitted,
peak particle 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 owning the site of the
blast shall not exceed seventy-five hundredths (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, sonic intensity air
pressure levels emanating from such blasts shall not exceed 131 decibels
(dB) for a high pass filter of one-tenth (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. Blast charges shall be in conformity with the
table annexed.[1]
[1]
Editor's Note: The Quantity-Distance Table for Vibration Control is included at the end of this chapter.
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 § 34-5. Such person, firm or corporation shall, not less than quarterly and upon demand, provide to the Building Inspector of the Town of Tuxedo all such records and other proof of compliance with the standards established by § 34-5. 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 amounts contained in the following table.[1]
[1]
Editor's Note: The Quantity-Distance Table for Vibration Control is included at the end of this chapter.
(2)
A contemporaneous log of all such blasts must be maintained
and proof of compliance with the standard of maximum charge per day
shall be furnished to the Town upon demand.
C.
Survey. Before any blasting shall be permitted, the
blasting site must be surveyed and permanently monumented and a site
plan must be submitted to the Building Inspector of the Town of Tuxedo.
Prior to the commencement of any blasting operation
as defined in this chapter, the party shall comply with the following:
A.
The applicant shall be required to obtain a permit
from the Building Department of the Town of Tuxedo by filing an application
for the same on the form supplied by the Building Department. The
permit shall be issued only in accordance with a site plan approved
by the Planning Board of the Town of Tuxedo.
B.
No permit shall be issued unless a Certificate of
Insurance is filed with the Building Department evidencing proof of
a valid insurance policy for liability and damage insurance in an
amount not less than $5,000,000. The insurance certificate shall include
the name of the insurance company, the amount, the name of the insured,
the proper corporate name and the corporate address of the insured
and the name and address of the agent or broker through whom it was
placed and who is responsible for attesting to the existence of such
coverage. Said certificate shall name the Town of Tuxedo as a party
insured 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 Tuxedo as to any termination
of said insurance. Receipt of such notice of termination shall be
grounds to revoke a permit for blasting.
C.
The applicant shall obtain and submit any license
or permit required by the provisions of the laws of the State of New
York.
D.
Payment of a fee to the Town of Tuxedo shall be made
in the amount set forth in the fee schedule for the Town of Tuxedo.
E.
Permits shall be valid and subject to regulatory renewal
only for the period indicated on the permit.
F.
Whenever blasting shall be permitted under the provisions
of the Town Code, written notice, as approved by the Town Engineer
and/or Town Building Inspector, shall be given to property owners,
at their addresses as shown on the latest assessment roll of the Town
of Tuxedo, as to all improved properties within an area designated
by the Building Inspector. Said area shall include all properties
within 600 feet from the blast site which the Building Inspector shall
find 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, at least
14 calendar days, 10 working days, before the proposed commencement
of blasting and shall be placed on signs, of a size determined adequate
by the Building Inspector, at the nearest intersection or intersections
providing access to all properties within 600 feet of the blast site
at least five days before the commencement of blasting. Said notice
shall also be personally delivered to each occupied property within
600 feet from the blast site. An affidavit of mailing or delivery
of the notices, designating the name and address of each party 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.
G.
Upon the issuance of a permit, a copy thereof shall
be forwarded to the Chief of Police of the Town of Tuxedo and the
Fire Chief of the fire district in which the blasting activity is
to take place.
The Building Inspector and/or the Town Engineer
of the Town of Tuxedo or their duly authorized representatives have
the authority to supervise blasting operations when such supervision
is in their discretion or deemed necessary and to inspect the storage,
handling and size of the charges intended to be detonated. The Building
Inspector and/or the Town Engineer of the Town of Tuxedo shall also
have the authority to inspect blasting sites to ensure that the provisions
of all applicable laws of the State of New York, rules and regulations
of the State of New York and this chapter are being complied with.
The Building Inspector shall have authority to issue appearance tickets
to compel the appearance in court of any person, firm or corporation
found to be in violation of any applicable state law or regulation
or this chapter. The Building Inspector shall also have the authority
to revoke a permit when, in his sole discretion, the safety or welfare
of persons or property is jeopardized.
Enforcement of the provisions of this chapter
shall be within the jurisdiction of the Town Building Inspector, the
Town Code Enforcement Officer and/or the Police Department of the
Town of Tuxedo.
A.
The violation of the provisions of this chapter or
failure to comply therewith shall be a misdemeanor and punishable
by a fine which shall not exceed $1,000 or imprisonment for a term
not less than three months and not more than one year, or both such
fine or imprisonment; and for such offenses which are continuing offenses,
each day such violation is committed shall constitute a separate offense.
The application of the above penalty shall not be held to prevent
the enforced removal and termination of the prohibited conditions
by any other means available to the Town Board of the Town of Tuxedo.
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.
B.
In addition, a civil penalty of not less than $1,000
nor more than $5,000 may be imposed for each violation of the provisions
of this chapter. Each day a violation is committed shall constitute
a separate violation. The imposition of said civil penalty shall not
be deemed to be an exclusive remedy in lieu of a criminal penalty.
C.
Any person, corporation or other entity which commits
said violation or owns the property on which the violation occurs
shall be liable for the payment of any fine or civil penalty.
This chapter shall take effect immediately upon
filing with the Secretary of State.
