The application for any blasting permit required by this chapter
shall include the following items:
A. A site plan, including the following information:
(1) 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.
(2) The area that is to be disturbed by the proposed blasting.
(3) The location of any well, and the depth thereof, located within 500
feet of the proposed disturbed area.
(4) The location of any sewage disposal system, any part of which is
within 500 feet of the proposed disturbed area.
(5) The rehabilitation proposed.
B. The name, address and telephone number of the person in charge of
the proposed blasting operations.
C. Evidence that such person is duly licensed to conduct blasting operations.
D. A description of the blasting procedure to be used, including type
of explosive charge.
E. Furnish and man seismographs as required by the Building Inspector
at locations to be determined by the Building Inspector, showing that
the maximum particle velocity does not exceed 0.2 inch per second.
If any blast exceeds this requirement, blasting shall cease immediately.
The seismographs shall be furnished and manned by an independent testing
agency with five years previous experience.
The Building Inspector shall approve or disapprove the application
for a blasting permit within 20 days of the receipt of a complete
application.
No blasting permit shall be issued by the Building Inspector
pursuant to this chapter until the applicant shall have filed a certificate
of insurance with the Village which shall comply with the following
requirements:
A. The insurance carrier for the blasting contractor shall be an A-rated
company licensed to do business in the State of New York.
B. The certificate of insurance shall name the required additional named
insured as follows:
"The following are all named as additional named insureds with
all rights and privileges of the policy contract without the responsibility
to pay premiums: the Village of Chestnut Ridge and the owners of each
of the following lots as designated on the Town of Ramapo Tax Maps:
. . . . ."
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C. The blasting contractor shall maintain liability coverage for a minimum
period of two years after completion of blasting operations.
D. The certificate of insurance shall show liability coverage in such
amounts and by such company or companies as may be approved by the
Village Attorney and shall specify that explosion, collapse, and underground
hazards are included in such coverages.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E. The certificate of insurance shall indicate the following cancellation
clause: "The coverage afforded under the policies will not be cancelled
or allowed to expire unless 30 days' written notice is given to the
addressee of this certificate."
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 which shall provide as
follows: "The Contractor shall indemnify and hold harmless the Village
of Chestnut Ridge 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 any of them may be liable, regardless of whether or not
it is caused in part by a party indemnified hereunder."
Whenever a blasting permit shall be issued pursuant to this
chapter, written notice shall be given to property owners at their
respective addresses as shown on the latest assessment roll of the
Town of Ramapo 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, 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. Failure
to furnish evidence of such notice shall be grounds for revocation
of a blasting permit by the Building Inspector.