[HISTORY: Adopted by the Board of Trustees of the Village
of Irvington 12-4-2017 by L.L.
No. 11-2017. Amendments noted where applicable.]
The Village, being presently governed by the provisions of Article 16 of the Labor Law of the State of New York entitled "Explosives," and being subject to such amendments and changes in said Article 16 as may hereinafter be duly enacted, hereby formally adopts, subject to the additional requirements and restrictions contained in § 93-2 of this Article I, any and all rules and regulations heretofore or hereafter promulgated and adopted pursuant to statutory authority and relating to the possession, handling, use, storage and transportation of explosives, including but not limited to the following:
The following additional requirements and restrictions are hereby
enacted pursuant to the authority granted by Labor Law § 464-a:
A.
Permit required.
(1)
Any person, firm or corporation intending to detonate explosives
within the Village of Irvington, on any lot or parcel, shall, prior
to such detonation, apply for a permit to detonate such explosives
from the Building Department of the Village of Irvington. Such persons,
firm or corporation shall supply the Building Department with the
following information:
(a)
The name of the owner of the property upon which the detonation
of explosives is to occur.
(b)
The business address of the person, firm or corporation proposing
to detonate explosives on subject property.
(c)
Evidence of the fact that the person, firm or corporation to
detonate explosives is duly licensed pursuant to § 458 of
the Labor Law of the State of New York.
(d)
The precise location of the intended detonation of explosives,
the purpose and the necessity of the use of explosives, as well as
the size charge intended to be detonated and the proposed schedule
for detonation of explosives.
(e)
Evidence that the person, firm or corporation intending to detonate
explosives has liability insurance, and the liability insurance requirements
indicated below are in full force and effect.
(f)
An indemnification agreement as contained in this section.
(2)
Upon submission of the foregoing information to the Building Department
and an application fee as set from time to time by the Board of Trustees,
the Building Inspector may issue a permit for blasting to the applicant,
if the Building Inspector finds that the applicant is in compliance
with this section and all applicable laws of the State of New York
with respect to blasting. Such permit shall be valid for a period
of 30 calendar days.
B.
Liability insurance. The applicant for a permit for blasting shall
submit with his application a certificate of insurance in full force
and effect of comprehensive public liability insurance for all property
damage or personal injury caused by blasting operations in an amount
not less than $3,000,000/$5,000,000 for personal injury and property
damage, which shall be issued by a casualty company authorized to
do business in the State of New York. Said certificate of insurance
shall indicate the name and the address of the agent or broker through
whom it was placed and who is responsible for the attesting to the
existence of the coverage. Said certificates shall provide for 10
days' written notice to the Village of Irvington as to any termination
of said insurance. Receipt of such notice of termination shall be
grounds to revoke a permit for blasting.
C.
Indemnification. The contractor shall indemnify and hold harmless
the Village of Irvington 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 blasting
work, provided that each claim, damages, loss or expenses is attributed
to bodily injury, sickness, disease or death, or to injury to or destruction
of tangible property (other than the blast itself), including the
loss of use resulting therefrom; and 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.
D.
Notice required. Whenever a blasting permit shall be issued under
the provisions of the Village Code, written notice shall be given
by the contractor to the Village of Irvington Police Department and
property owners at their respective addresses as shown on the latest
assessment roll of the Village of Irvington as to all property owners
and owners of easements within a radius of 600 feet from the location
of each blast. This distance may be increased by the Building Inspector
if he determines that a greater area may be substantially affected
by the proposed blasting. Said notice shall state the date on which
blasting is proposed to be commenced and the estimated date when blasting
will be completed. Said notice shall be mailed by the contractor by
certified mail, return receipt requested, at least 14 calendar days
before the commencement of blasting, and signs shall be placed stating
the date and approximate time of each proposed blast. Signs shall
be placed by the contractor at the nearest street and/or intersections
providing access to all properties within which the blast is to occur.
Signs shall be posted at least three days before commencement of blasting.
An affidavit of mailing of the notices and of the posting of the signs
indicating the name, address and tax designation of each property
and easement owner notified shall be filed with the Building Inspector
before commencement of blasting. Failure to furnish evidence of such
shall be grounds for revocation of a blasting permit by the Building
Inspector.
E.
Recordkeeping.
(1)
It shall be the responsibility of any person, firm or organization
which engages in blasting to maintain verified records of the place,
date, time, number of holes, kind of blasting caps and delay intervals,
name of person in responsible charge of loading and firing and the
blasting permit number, signature of blaster making the report and
kind and amount of the charge set for each blast, and also monitor
and maintain a permanent record of all blasts. Such person, firm or
corporation shall, upon demand, provide to the Building Inspector
of the Village of Irvington all such records. A record shall be kept
of every blast showing the amount of total powder and number of holes,
and all records shall be maintained at least until the end of the
next calendar year in which the record is made. At least one copy
of the records required by this section shall be maintained at the
blasting site at all times.
(2)
The information required to be submitted to the Building Inspector
of the Village of Irvington shall clearly indicate the minimum or
maximum permitted values for the criteria indicated herein; including
particle velocity, overpressure, frequency, decibels, duration of
motion, etc. In addition, the values resulting from each blast shall
be indicated alongside so that deviations may be readily ascertainable.
F.
Employment of licensed blaster required. No person, firm or corporation
shall be engaged in blasting in the Village of Irvington unless it
has in its continuous employ a blaster who is a holder of a current
blaster's license issued by the State of New York pursuant to
§ 458 of the Labor Law and maintained continuously in force.
A photocopy or clear reproduction of the blaster's license in
force shall be kept continuously on file with the Building Department.
G.
Seismograph and air pressure records. It shall be responsibility
of any person, firm or corporation which engages in blasting to maintain
verified records of the place, date, time, number of holes, kind of
blasting caps and delay intervals, name of person in responsible charge
of loading and firing and the blasting permit number, signature of
blaster making the report and kind and amount of the charge set for
each blast, and also to monitor and maintain a permanent record of
all blasts. Seismograph and air pressure readings of blasts shall
be taken by a qualified person frequently employed in the business
of seismograph readings and competent to qualify as an expert witness
to the results. The record data shall include identification of instrument
used, name of observer, name of interpreter, distance and direction
of recording station from area of detonation, type of ground at recording
station or location in structure, maximum amplitudes for all components,
as well as resultant for all recorded frequencies of vibrations, duration
of motion in excess of 0.001 inch, frequency of ground motion in cycles
per second, maximum energy ratio or particle velocity and a copy of
photographic records of seismograph readings.
H.
Ground blast and air standards. 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 conducting the blast shall not exceed 0.75 inch per second
for frequencies less then 40 hertz (Hz) or 2.0 inches per second for
frequencies of 40 hertz (Hz) or more. In addition, air pressure emanating
from such blast shall not exceed 131 decibels (dB) for high-pass filter
of 0.1 hertz, or 128 decibels (dB) for a high-pass filter of two hertz,
or 125 decibels (dB) for a high-pass filter of six hertz.
I.
Special storage requirements. Persons issued permits pursuant to Subsection A of this § 93-2 shall have an amount of explosives [as defined in Subdivision 1 of § 451 of the Labor Law and 12 NYCRR 39.2(k)] on a blasting site approximately sufficient for only one day of blasting operations. Any unused explosives stored on the blasting site from one day to another shall be kept in magazines constructed, maintained and located on the blasting site in accordance with applicable state rules and regulations (12 NYCRR 39.8 and 39.9), and each and every magazine containing stored explosives shall be covered with a blasting mat constructed in accordance with 12 NYCRR 23-11.4(f), and each such mat shall weigh a minimum of 5,000 pounds. In the event that any such unused explosives are stored as aforesaid, the permit holder shall notify the Police Department of such storage before 6:00 p.m. on each day of any such storage. No explosives shall be stored on a blasting site on Saturdays, Sundays or holidays observed by the Village.
J.
Flagging and posting. At least three minutes before firing a blast,
the person undertaking such blasting operation shall give warning
therefor by causing a competent person carrying a red flag to be stationed
at a reasonable distance from the blast on all sides of the blast
on any path, lane, street, road or highway or other avenue of approach
capable of use by the public. In all cases, signs at least 36 inches
by 36 inches, bearing the words "Danger, Blasting Operation Underway
- No Radio Transmission" or similar language printed in red, shall
be posted on all sides of the blast at a reasonable distance from
the blast. At least four such signs shall be so posted. Such posting
shall occur at least by 8:00 a.m. on the day of the blast, and such
signs shall be removed after the blasting operations are complete.
K.
Supervision of blasting. The Building Inspector and/or a duly authorized
representative has the authority to supervise a blasting operation
when such supervision is, in his discretion, deemed necessary, and
to inspect the storage, handling and size of the charges intended
to be detonated. The Building Inspector or the duly authorized representative
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 local laws are
being complied with. Any cost incurred by the Village of Irvington
in conjunction with the supervising of said blasting shall be at the
cost of the applicant.
L.
Preblast survey. It will be the responsibility of the applicant to
provide the Village of Irvington with an affidavit listing and inspecting
all properties and easements within a radius of 600 feet from the
location of each blast. These preblast surveys must be available to
any affected property owner or Village of Irvington official for a
period of not less than three years from when the permit expires.
Preblast surveys shall include but not be limited to both written
and photographed information. At the discretion of the Building Inspector,
the area of the preblast survey may be adjusted to include additional
properties and/or easements. Preblast surveys must not be over 12
months old at time of application.
Nothing in this article shall be construed to permit the manufacture,
possession, storage and use of explosives and blasting agents in contravention
of the duly adopted Zoning Ordinance of the Village of Irvington or
any amendments thereto.[1]
The Building Inspector for the Village of Irvington shall be
responsible for enforcing this article. Any person, firm or corporation
that violates any provision of this article or fails to comply therewith
shall be guilty of an unclassified misdemeanor and, upon conviction,
shall be punished by imprisonment for a term not more than one year
or by a fine of not more than $2,000, or by both such fine and imprisonment,
and each day such violation shall exist shall constitute a separate
offense. The enforcement of this article by imposition of a fine or
imprisonment as aforementioned shall not prevent the Village of Irvington
from enforcing this article by injunctive action or by any other authorized
means.
For purposes of this article, the following terms shall have
the following meanings:
Rock removal with the use of a mechanical hammer or similar
device, but excluding drilling or boring of holes, and excluding the
removal of man-made structures such as concrete steps or driveways.
A permit issued for mechanical rock excavation on a subject
property.
The lot for which a rock excavation permit is issued.
Circumstances unforeseen by the property owner, including
mechanical failure of a machine, unexpected conditions or inclement
weather.
No mechanical rock excavation may take place unless a permit is obtained from the Building Department. All permits shall identify the purpose for which the rock excavation permit is being issued, the owner of the subject property, including all partners of any limited liability company, and the permitted duration of the mechanical rock excavation. The application for a mechanical rock excavation shall include a certification by the property owner that the property owner has reasonably determined that any mechanical rock excavation can be completed within the period in § 93-7 below.
A.
No rock excavation permit shall be issued unless the applicant has
a dust mitigation plan prepared by a licensed professional and approved
by the Building Department. Such dust mitigation plan shall incorporate
the best practices for dust control, including, but not limited to,
a water spray system (air suppression or surface wetting). All dust
mitigation plans shall include measures to control water runoff as
a result of any water spray program.
B.
Trucks and other vehicles used to transport particulate matter shall
be covered, and any particulate matter kept on site shall be sufficiently
wetted or stored to prevent particulate matter from becoming airborne.
C.
Portable hand water sprinklers or hose sprinklers are acceptable
means of wetting for dust control. The water sprays or jets shall
be designed to break the water stream into small droplets or otherwise
to provide effective wetting.
D.
Suitable drainage means shall be provided for the removal of water
and sludge that drains from the operation.
E.
Soil or debris piles shall be moistened if dust is being emitted
from the piles. Adequately secured tarps, plastic or other material
may be required by the Building Department to further reduce dust
emissions.
A.
Upon receiving a rock excavation permit, any individual who intends
to engage in mechanical rock excavation on any property in the Village
of Irvington shall notify the Village at least seven calendar days
prior to the commencement of such activities. Upon such notification,
the subject property will be listed on the Village of Irvington website
showing the earliest commencement date and when the thirty-eight-day
period ceases. Such notice shall be displayed in a visible location
at the subject property.
B.
In addition to notifying the Village as required above, written notice
shall be given by the contractor to the Village of Irvington Police
Department and property owners at their respective addresses as shown
on the latest assessment roll of the Village of Irvington as to all
property owners and owners of easements within a radius of 200 feet
from the subject property. This distance may be increased by the Building
Inspector if it is determined that a greater area may be substantially
affected by mechanical rock excavation. Said notice shall state the
date on which mechanical rock excavation is proposed to be commenced
and the estimated date when mechanical rock excavation will be completed.
Said notice shall be mailed by the contractor by certified mail, return
receipt requested, at least 14 calendar days before the commencement
of mechanical rock excavation.
C.
Signs shall be placed stating the date on which mechanical rock excavation
is proposed to be commenced and the estimated date when mechanical
rock excavation will be completed. Signs shall be placed by the contractor
at the nearest street and/or intersections providing access to all
properties within which such activities are to occur. Signs shall
be posted at least seven calendar days before commencement of mechanical
rock excavation.
D.
An affidavit of mailing of the notices and of the posting of the
signs indicating the name, address and tax designation of each property
and easement owner notified shall be filed with the Building Inspector
before commencement of mechanical rock excavation. Failure to furnish
evidence of such shall be grounds for revocation of a mechanical rock
excavation permit by the Building Inspector.
A property owner who has properly applied for and received a
rock excavation permit, and has otherwise complied with the provisions
of this article, may apply to the Village Administrator for an additional,
one-time, seven-consecutive-calendar-day waiver in addition to the
38 days above, subject to all the other restrictions contained herein.
The property owner shall have the burden of demonstrating to the Village
Administrator that a waiver is warranted due to unexpected circumstances
and that the rock excavation can be completed within the seven days.
At the sole discretion of the Village Administrator, documentation
supporting unexpected circumstances may be required, including a certification
that the unexpected circumstances prevented the completion of mechanical
rock excavation during this period. If the waiver is granted, the
period will be listed on the Village website.
The Building Inspector for the Village of Irvington shall be
responsible for enforcing this article. Any person, firm or corporation
that violates any provision of this article or fails to comply therewith
shall be guilty of an unclassified misdemeanor and, upon conviction,
shall be punished by imprisonment for a term not more than one year
or by a fine of not more than $2,000, or by both such fine and imprisonment,
and each day such violation shall exist shall constitute a separate
offense. The enforcement of this article by imposition of a fine or
imprisonment as aforementioned shall not prevent the Village of Irvington
from enforcing this article by injunctive action or by any other authorized
means.
