[HISTORY: Adopted by the Orangetown Town Board 5-18-1998 by L.L. No.
3-1998.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 5.
Demolition of buildings — See Ch. 8.
Land development regulations — See Ch. 21.
Noise — See Ch. 22.
Road excavations, driveways and heavy hauling — See Ch. 27.
Zoning — See Ch. 43.
[1]
Editor's Note: This local law also repealed former Ch.
13, Explosives, adopted 11-8-1954, as amended.
This chapter shall be known as the "Explosives and Blasting
Code of the Town of Orangetown, New York."
Whereas the Town Board of the Town of Orangetown, finding that
the effects of blasting can be, if not properly controlled, detrimental
to the health, safety and well-being of the residents of the Town
and that the critical environmental area in the Town requires special
protection from the effects of blasting, hereby adopts this local
law providing for the regulation of explosives and blasting. Furthermore,
as expert geologic testimony cannot assure the community that blasting
will have no negative impact on the Palisades Cliff face, it is the
sentiment of the Town Board that blasting is the least favorable means
for rock removal in the critical environmental area and that the proposed
buildings in the critical environmental area should be adapted to
existing terrain and natural land contours rather than reconforming
the shelf-rock and terrain to the proposed buildings.
As used in this chapter, the following shall have the meanings
indicated:
Includes a written notice setting forth the location and
approximate date of dates when blasting will occur.
Includes an individual, corporation, association, firm or
partnership.
A.
No person shall blast or cause to be blasted any rock or
other substance with any explosive in the Town of Orangetown, as defined
in this chapter, without having first obtained a permit from the Bureau
of Fire Prevention covering the specific blasting operation, upon
written application. Such blasting operations shall be conducted under
the direct control and supervision of competent and licensed persons
and in accordance with the provisions of New York State laws and regulations
and the provisions of this chapter.
B.
Application.
(1)
The application for a blasting permit shall be on a form
approved by the Bureau of Fire Prevention and contain such information
as is required by the Bureau of Fire Prevention, accompanied by the
fee as required. As part of the application for a blasting permit,
the applicant shall also submit a description of all structures, including
residential dwellings, located within 300 feet of the blast site and
a list of the names and addresses of the owner or owners of any parcel
of property on which the blasting site is to take place, as shown
on the most recent tax rolls of the Town of Orangetown. If such blasting
is on privately owned land, the applicant must provide a copy of a
building permit covering the project for which the blasting is being
conducted.
(2)
In recognition of the unique environmental characteristics
that make the designated critical environmental area ("CEA") environmentally
important, including a concern for the integrity of the existing residences,
for erosion control and potential rock falls, any applicant seeking
to blast within the "CEA" must demonstrate to the satisfaction of
the Architectural and Community Appearance Board of Review ("ACABOR")
in consultation with the Town Engineer that a building compatible
with the herein stated legislative intent is not possible and that
less intrusive means of rock removal are not feasible. The applicant
must provide a list of the alternative means considered and the reasons
such alternatives are not feasible. A denial from ACABOR/Town Engineer
may be appealed to the Zoning Board of Appeals within 30 days from
the date the application is denied.
C.
No person shall store explosives within the limits of the
Town of Orangetown outside the territory of any incorporated village
without obtaining a permit therefor from the Bureau of Fire Prevention.
D.
Before such a permit is issued, the person shall submit
evidence, in the form of a certificate of insurance issued by an insurance
company authorized to do business in the State of New York, guaranteeing
that the applicant has in full force and effect a policy of public
liability insurance, including a specific endorsement covering the
liabilities arising from blasting and providing bodily injury coverage
of not less than $500,000/$1,000,000 and property damage insurance
of not less than $500,000/$1,000,000. Such policy shall also provide
to save the Town harmless from all claims, actions and proceedings
brought by any person, firm or corporation for injury to person or
property resulting from or occasioned by such blasting operations.
Such policy shall contain the provision that the policy shall not
be canceled, terminated, modified or changed by the company unless
30 days' prior written notice is sent to Town by certified mail.
No permit shall be valid unless such insurance is in full force and
effect.
A.
Such permit, when approved and signed by a Fire Inspector
and upon payment of a fee of $200 to the Bureau of Fire Prevention
or such other fee as may be fixed from time to time by the Town Board,
shall be issued and signed by the Fire Inspector, who shall keep a
record thereof. Each permit shall specify the name of the permittee,
the date of expiration (which shall be no later than six months from
the date of issue) and the particular place where the blasting is
to be done. When such blasting is to occur within the critical environmental
area, an additional fee of $500 will be charged per day for each day
of blasting, which fee will be used to provide for independent seismic
monitoring of the blast to determine the effects of the blast.
B.
Any applicant denied a blasting permit from the Bureau
of Fire Prevention can appeal to the Town Board within 30 days from
the date that the application is denied.
C.
The Town Board may revoke any permit issued hereunder at
any time for good cause shown. If permit revocation occurs, a hearing
shall be conducted by the Town Board upon written notification to
the permittee of the time and place of and reason for such hearing.
D.
The Bureau of Fire Prevention shall have the right to suspend
any permit, for good cause and without prior notice to permit holder,
pending a Town Board permit revocation hearing.
No person shall use, in a blasting operation, a quantity of
explosives greater than necessary to properly start the rock or other
substances nor use such an amount as will endanger persons or property.
All blasts within 200 feet of any roadway or structure, before
firing or exploding, shall be covered with metal 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 or damage to persons
or property. All blasts not within 200 feet of any roadway or structure
shall have a suitable screen so as not to cause injury or damage to
persons or property.
No person shall fire or explode or direct or cause to be fired
or exploded any blast in or near any highway or public place in the
Town of Orangetown unless competent persons carrying a red flag shall
have been placed at a reasonable distance on all sides of the blast
to give proper warning thereof at least three minutes in advance of
firing.
No person shall conduct blasting operations within the Town
of Orangetown after the hour of 5:00 p.m. and before 8:00 a.m. nor
any time on Saturday, Sunday or holidays, except in the case of emergency
or necessity, and then only with permission of the Building Inspector
or Fire Inspector.
A.
Not more than 30 days nor less than five business days
prior to the intended blasting, a notice of intent to blast shall
be served upon:
B.
The notice of intent to blast shall be delivered to the inhabitants or users set forth in Subsection A(1) and (2) of this section. In the event that personal delivery of the notice of intent to blast cannot be effected, the notice of intent to blast may be left or posted at the structure or dwelling in a conspicuous place, and a certified letter, return receipt requested, shall be sent to the affected structure of dwelling. The certified letter shall be mailed to the property owner. The addresses of property owned shall be obtained from the Tax Assessor's office.
C.
The notice of intent to blast shall also be delivered to
the Town Clerk, Orangetown Office of Building, Zoning and Planning
Administration and Enforcement, Orangetown Police Department, Fire
Department providing coverage and the Rockland County Fire Dispatch
Center no less than 72 hours prior to blasting.
D.
Delivery of the notice of intent to blast, as required
by this section, shall be the sole responsibility of the applicant
for the blasting permit.
A.
Any person convicted of a violation of any provisions of
this chapter shall be subject to a minimum fine of $5,000 and a maximum
fine of $10,000 for each offense.
B.
Any person convicted of blasting without a permit shall
be subject to a minimum fine of $10,000 and a maximum fine of $20,000.
C.
Every violation of any provision of this chapter shall
be a separate and distinct offense, and, in case of continuing violation,
every day's continuance thereof shall be deemed to be a separate
and distinct offense.
D.
The provisions of this chapter shall be enforced by the
Chief of the Bureau of Fire Prevention.
