[HISTORY: Adopted by the Council of the City of Rye 12-21-2022 by L.L. No.
10-2022. Amendments noted where applicable.]
The purpose of this chapter is to establish minimum safeguards
to protect human health, safety and welfare, as well as property,
by establishing reasonable regulations governing the possession and
use of explosive materials and the removal of rock through chipping,
drilling and other mechanical means. To ensure that the possession
and use of explosive materials does not result in physical injury
or property damage and to establish a balance between the noise and
other quality-of-life issues and adverse impacts of mechanical rock
excavation, the City Council hereby asserts its right to designate
acceptable hours for blasting and mechanical rock excavation operations,
set levels for the ignition and discharge of explosive materials,
limit the number of mechanical rock hammers on a property, limit the
number of blasting and mechanical rock excavation permits issued in
a geographical area in a specific amount of time, and establish acceptable
standards governing consequential vibrations resulting from all blasting
conducted within the City.
A.
This article shall apply to each and every person, corporation and
business engaged in the manufacture, sale, transportation, storage,
handling or use of explosives in the City. This chapter sets forth
procedures for the issuance of permits, payment of fees, recordkeeping,
reporting and monitoring compliance. In addition, this chapter establishes
penalties for the failure to comply with these requirements.
B.
The technical standards set forth in this chapter are based upon generally recognized criteria and accepted industry standards. See New York State Labor Law, Article 16; 12 NYCRR Part 39; NFPA No. 495-1973; 27 CFR 55; 49 CFR Parts 171 through 178; 49 CFR Parts 390 through 397; and Fire Code of NYS, Chapter 56, Explosives and Fireworks, for other additional standards that may be applicable.
A.
The provisions of this chapter shall not apply to the following:
(1)
The military forces of the United States or its allies, the duly
authorized militia of any state or any police or fire department,
provided that the same is acting in its official capacity and in the
performance of its public duties.
(2)
The transportation of explosives in interstate or intrastate commerce
regulated by the United States Department of Transportation or the
New York State Department of Labor.
(3)
Model rocketry.
(4)
Employee safety regulated under the Occupational Safety and Health
Act, 29 U.S.C. § 651 et seq.
(5)
Fireworks subject to regulation under any applicable local, state
or federal rule, regulation or law.
(6)
Small arms ammunition, including smokeless or black powder when possessed
for noncommercial purposes in quantities of five pounds or less.
(7)
An explosive in a form prescribed by the official United States Pharmacopeia.
B.
Where an individual makes a written application to the approving
authority for an exemption, the approving authority may grant an exemption
where it is evident that compliance would cause an undue hardship
and that public safety would not be compromised by granting relief.
Any exemption granted under this section must be as limited in scope
and duration as possible, balancing the hardship caused by compliance
versus the potential danger and threat to public safety and tranquility
of granting relief. If the approving authority grants an exemption
under this section, the approving authority shall immediately notify
the Public Safety Commissioner of the approving authority's decision
and within five business days notify the City Manager stating the
facts, the nature of the exemption and the underlying rationale.
The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise:
The airborne shock wave or acoustic transient generated by
an explosion.
Acceptable to the approving authority.
Persons designated by the City Manager, including the Public
Safety Commissioner, Fire Inspector, Building Inspector or their designees
or any representative thereof, which shall be responsible for the
processing, administration, review, permitting and enforcement of
blasting permits.
A deflagrating or low explosive compound composed of an intimate
mixture of sulfur, charcoal and an earth nitrate, usually potassium
nitrate or sodium nitrate.
A person who holds a valid permit to perform blasting operations.
The fracture of any heavy mass by detonation of explosive
materials.
Any material or mixture consisting of a fuel and oxidizer,
intended for blasting, not otherwise classified as an explosive, provided
that the finished product, as mixed and packaged for use or shipment,
cannot be detonated by means of a No. 8 test blasting cap when unconfined.
A detonator.
A license issued by the New York State Department of Labor pursuant to Article 16 of the Labor Law of New York State, as well as the Industrial Code Rules contained in Title 12, Part 39, of the New York Codes, Rules and Regulations.
An electrical or electromechanical device capable of providing
electrical energy for the purpose of energizing electric blasting
caps.
A mat of woven steel wire, tires or other suitable material
or construction to cover blast holes for the purpose of preventing
fly rock missiles.
A permit issued by the approving authority for blasting activities
at a single blasting site.
The area surrounding a blast site subject to the influence
of flying debris generated by the detonation of an explosive charge.
Includes, but is not limited to, any structure or assembly
used for occupancy or storage and subject to the jurisdiction of the
Building Department.
That dimension of a medium to be blasted measured from the
borehole to the face at right angles to the spacing. It means also
the total amount of material to be blasted by a given hole, usually
measured in cubic yards or in tons.
Any authorization to keep, store, transport, manufacture or use explosives issued under New York State Labor Law, Article 16.
The Code of Federal Regulations in effect on the date this
chapter was last amended.
An explosive possessing detonating or maximum hazard and
means an explosive which is described in 49 CFR 173.53.
An explosive possessing flammable hazard such as propellant
explosives and photographic flash powders and means an explosive described
in 49 CFR 173.88.[1]
Certain types of manufactured articles which contain Class
A or Class B explosives, or both, as components but in restricted
quantities, and certain types of fireworks and means an explosive
described in 49 CFR 173.100.[2]
Any explosive except a propellant and nitrocarbonitrate,
including but not limited to dynamite, black blasting powder, pellet
powder, initiating explosive, blasting cap, electric blasting cap,
safety fuse, fuse igniter, fuse lighter, squib, cordeau detonant fuse,
instantaneous fuse, igniter cord and igniter.
A person with the requisite experience, training and education
necessary to perform the duty assigned or assumed.
The time interval in milliseconds between successive detonations
of the delay devices used.
Any device containing a detonating charge that is used for
initiating detonation in an explosive. The term includes, but is not
limited to, electric blasting caps of instantaneous and delay types,
blasting caps for use with safety fuses, detonating-cord delay connectors
and nonelectric instantaneous or delay blasting caps.
A blasting cap designed for, and capable of, initiation by
means of an electric current.
Any chemical compound or mixture that is commonly used or intended
for the purpose of producing an explosion that contains any oxidizing
and combustible materials or other ingredients, in such proportions,
quantities or packing that an ignition by fire, by friction, by concussion
or by detonation of any part of the compound or mixture may cause
such a sudden generation of highly heated gases that the resultant
gaseous pressure is capable of producing destructive effects on contiguous
objects.
The term "explosive," except as specifically stated herein,
does not include:
Small arms ammunition, including smokeless or black powder when
possessed for noncommercial purposes in quantities of five pounds
or less.
An explosive in a form prescribed by the United States Pharmacopeia.
Fireworks subject to regulation under any applicable local,
state or federal rule, regulation or law.
Any combustible or explosive composition or any substance
or combination of substances or articles prepared for the purpose
of producing a visible or audible effect by combustion, explosion,
deflagration or detonation.
Rock propelled from the blast area by the forces of an explosion.
A substance that may react with the oxygen in the air or
with the oxygen or other oxidizing material yielded by an oxidizer
to produce combustion.
Cycles per second.
Any explosive material which can be caused to detonate by
means of a blasting cap when unconfined, as, for example, dynamite.
Any public street, road, highway, alley or part of a navigable
stream which is used as a highway of commerce.
A building regularly occupied in whole or in part as a habitation
for human beings, or any church, schoolhouse, railroad station, store
or other structure occupied in connection with the manufacture, transportation,
storage or use of explosives.
An explosive cartridge with a detonator or initiating agent
inserted therein.
An explosive material which can be caused to deflagrate when
confined, as, for example, black powder.
Any building, structure or other enclosure or container,
other than an explosive manufacturing building, used for the storage
of explosives.
An explosive material charge that fails to detonate after
an attempt at initiation.
Any self-propelled vehicle, truck, tractor, semitrailer or
truck full trailer used for the transportation of explosives.
National Fire Protection Association.
An explosive classified as a blasting agent.
A cap containing two grams of a mixture of 80% mercury fulminate
and 20% potassium chlorate or a cap of equivalent strength.
All soil and ancillary material above the bedrock horizon
in a given area.
A substance such as a nitrate that yields oxygen or other
oxidizing substance readily to stimulate the combustion of organic
matter or other fuel.
An oxidizer.
The peak particle velocity recorded on any one of the three
mutually perpendicular components of blasting vibrations in the vertical
and horizontal directions.
Written authorization issued by the City or other appropriate
governmental agency to manufacture, sell, possess, store or use explosives.
Any natural person, partnership, firm, association or corporation.
Any solid chemical or solid chemical mixture which functions
by rapid combustion of successive layers and includes, but is not
limited to, smokeless powder for small arms, smokeless powder for
cannons, smokeless powder or solid propellant for rockets, jet thrust
units or other devices.
The mechanized hammering or cutting of bedrock or other similar
hardened natural materials for a constant duration for the purposes
of removal or reuse on a site.
An instrument which records ground vibration by measuring
and recording particle velocity, displacement or acceleration in three
mutually perpendicular directions.
A hose with an electrical resistance high enough to limit
flow of stray electric currents to safe levels, yet not so high as
to prevent drainage of static electric charges to ground such as those
of not more than two megohms resistance over its entire length and
not less than 5,000 ohms per foot.
A physical characteristic of an explosive classifying its
ability to detonate upon receiving an external impulse such as impact,
shock, flame or other influence which can cause explosive decomposition.
A delay in time of nine milliseconds or more.
A cartridge for a shotgun, rifle, pistol or revolver and
a cartridge for propellant-actuated power devices and industrial guns.
Military-type ammunition containing explosive bursting charges or
any incendiary, tracer, spotting or pyrotechnic projectile is excluded
from this definition.
A solid propellant, commonly called "smokeless powder" in
the trade, used in small arms ammunition, cannon, rockets or propellant-actuated
power devices.
An inert material placed in a bore hole after the explosive
for the purpose of confining explosive materials or to separate charges
of explosive material in the same bore hole.
A flow of electricity outside the conductor which normally
carries it.
A day when a school is administering a state or federally
mandated test or a day when the school is administering an advanced
placement test, PSAT, SAT, ACT, final examinations or other similar
tests, as long as the school or district posts on their website at
the beginning of each school year such dates and provides such information
at the beginning of the school year to the Building Department.
United States Code.
United States Department of Transportation.
The energy from a blast that manifests itself in earthborne
vibrations which are transmitted through the earth away from the immediate
blast area.
Any of a wide variety of materials used for blasting that
contain substantial proportions of water and high proportions of ammonium
nitrate, some of which is in solution in the water. Two broad classes
of water gels are those which are sensitized by a material classed
as an explosive, such as TNT or smokeless powder, and those which
contain no ingredient classified as an explosive; these are sensitized
with metals such as aluminum or with other fuels. Water gels may be
classified as Class A explosives, Class B explosives or blasting agents.
A.
No person shall manufacture, sell, possess, store, use or detonate
explosives within the City unless a permit has been issued by the
approving authority.
B.
Permit to manufacture, sell, possess or store. An application for
a permit to manufacture, sell, possess or store explosives shall be
issued by the Fire Inspector and shall contain the following information,
as well as any other information the Fire Inspector deems necessary
to ensure public health and safety:
(1)
The applicant's full name, address and telephone number. If the applicant
is a corporation, partnership or other business entity, the name of
each officer shall be separately stated. If the applicant is an out-of-state
corporation, partnership or other business entity, the applicant must
submit proof of filing with the New York State Secretary of State
to do business in New York. No permit may be issued unless the applicant
is authorized to do business in New York.
(2)
The location where applicant proposes to manufacture, sell, possess
or store explosives.
(3)
A statement as to the purpose and need to manufacture, sell, possess
or store explosives.
(4)
Where the manufacture, sale, possession or storage of explosives is subject to state or federal regulation and licensing, a copy of any state or federal license or permit shall be provided, together with the application for a local permit, unless the use is specifically exempted by § 88-3A, above.
(5)
The quantity of explosives to be manufactured, sold, possessed or
stored.
C.
The application for a permit shall be signed by the applicant. In
addition, the applicant shall sign an acknowledgment, under the penalties
of perjury, stating that all information provided in the application
or in support of the application is true and accurate.
D.
Permit to use or detonate. An application for a permit to use or
detonate explosives shall require the following information, as well
as any other information the approving authority deems necessary to
insure public health and safety:
(1)
The applicant's full name and address. If the applicant is a corporation,
partnership or other business entity, the name of each officer shall
be separately stated. If the applicant is an out-of-state corporation,
partnership or other business entity, the applicant must submit proof
of filing with the New York State Secretary of State to do business
in New York. No permit may be issued unless the applicant is authorized
to do business in New York.
(2)
The name and contact information of a designated, on-site representative
who will be present at the location during all blasting and authorized
to act on behalf of the applicant for all administrative purposes.
(3)
The name, address and telephone number of the person who will be
conducting the blasting, and a copy of the blaster's license to purchase,
own, possess, transport and use explosives and a certificate of competence.
(4)
An estimate of how much blasting is anticipated and the type and
amount of material to be ignited or discharged. Where more than one
blast is anticipated, the applicant shall estimate how many separate
blasts are expected and the approximate duration blasting activity
will continue. The time, date and location blasting is scheduled to
begin.
(5)
The applicant shall provide the City with a plan and location of
seismographs. Such plan shall include a minimum of two seismographs.
(6)
A list of all landowners, including name and address, within a 750-foot
radius of the proposed blast site.
(7)
A pre-blast survey of the site, where one inch equals 30 feet in
scale, showing all structures within a 750-foot radius of the proposed
blast site, together with a description of each structure within such
radius. The applicant shall offer the property owner a video showing
each building and structure and any particular features. The approving
authority may, in the approving authority's sole discretion, waive
all or any portion of the pre-blast survey depending on the particular
characteristics of the site, the surrounding area and the type of
blasting proposed. The applicant shall make a copy of the pre-blast
survey available to the property owner. Where a pre-blast survey indicates
electric transmission lines within 750 feet of a proposed blast site,
the approving authority or the approving authority's representative
may require testing to determine the presence and level of errant
electrical current in the area. If testing indicates the presence
of errant electrical current in the vicinity where explosives are
to be detonated at a level sufficient to pose a potential threat to
public safety, the approving authority may require that any blasting
be conducted solely by use of nonelectrical detonation.
(8)
A United States Geologic Survey (USGS) bedrock geology map of the
site indicating the anticipated type of bedrock and depth to bedrock.
E.
Based on the application and the pre-blast survey, if any, the approving
authority shall estimate the cost of monitoring compliance with this
chapter and furnish such estimate, together with a basis for approving
authority's calculation, to the applicant. Before any permit is issued,
the estimated cost of inspection services shall be deposited with
the City, held in escrow, and applied to reimburse the City for costs
and expenses actually incurred in connection with administering compliance
with this chapter. Where the estimated amount deposited is insufficient
to cover the City's costs, the property owner shall be responsible
for any balance due. Where the estimated amount deposited with the
City exceeds the costs incurred, the balance shall be refunded.
F.
The application for a permit to use explosives shall be signed by
both the applicant and the blaster. In addition, the applicant shall
sign an acknowledgment stating, under the penalties of perjury, that
all information provided in the application or in support of the application
is true and accurate. The blaster shall also sign an acknowledgment
stating that the blaster has read the entire application, that in
the blaster's opinion blasting at the particular location can be conducted
safely, without unreasonable risk, and that, under the penalties of
perjury, the blaster's state license is valid, that the blaster is
fully authorized to conduct the type of activity set forth in the
application and that the blaster agrees to abide by all state and
federal safety standards.
G.
A permit to conduct and complete blasting activities shall be restricted
to 45 calendar days.
H.
Expiration, revocation or cancellation of the blaster's state license
shall automatically void any permit issued under this chapter.
I.
No blast shall be initiated at any location within the City unless
a written permit to conduct blasting has first been obtained and signed
by the City Engineer and approving authority authorizing blasting
at the specific location.
J.
The approving authority may add to any permit issued under this chapter
whatever terms and conditions deemed necessary to protect public health,
safety and welfare.
K.
No permit holder shall transfer or assign a permit issued under this
chapter.
L.
The failure of an applicant to provide any information requested
by the approving authority in support of an application for a permit
shall be grounds to deny an application or revoke a permit.
N.
Fees. Notwithstanding any of the provisions of the Fire Code of New
York State and the Building Code of New York State, the fee for permits
issued under this chapter shall be set by the approving authority,
subject to approval by City Council resolution. All fees shall be
paid at the time of filing an application and prior to any permit
being issued.
O.
The approving authority may also request the applicant to supply
any additional information that may be deemed necessary to protect
the health and safety of the public or to prevent damage to property.
A.
Before any permit is issued pursuant to this chapter, the applicant
shall submit proof of insurance by supplying a certificate of insurance,
issued by an insurance company authorized to do business in the State
of New York, stating that the applicant has insurance coverage in
effect for workers' compensation, liability and property damage occurring
on-site or to nearby properties, and a specific endorsement stating
that coverage includes liability arising from handling or using explosive
materials and conducting blasting activity. Insurance coverage shall
be not less than $3,000,000 for general liability, including bodily
injury to any one person and, subject to the same limit for each person,
not less than $10,000,000 for any occurrence, plus insurance for property
damage occurring on-site or to nearby properties of not less than
$2,000,000. The insurance certificate shall name the City and any
of its agents, designees and/or representatives as an additional insured.
In addition, the certificate shall contain a statement that the policy
or policies covering the insured will not be canceled, terminated
or modified by the insurance company unless 30 calendar days' notice
is given to the City and such change or modification is mutually agreed
to.
B.
The applicant shall also furnish a notarized statement agreeing to
indemnify and hold the City and any of its agents, designees and/or
representatives harmless from any and all claims, actions and proceedings
brought by any person, firm or corporation for any injury to any persons
or property resulting, directly or indirectly, from the applicant
using, storing, handling, transporting or manufacturing explosive
material or conducting blasting activity and, moreover, stating the
applicant will defend and indemnify the City against any action brought
by any third parties as a result of operating under a City permit
issued under this chapter.
C.
No permit shall be issued unless and until the applicant has complied
with these insurance requirements and provided an agreement indemnifying
and holding the City harmless for any and all damage and injury.
A.
Inspection. Because of the compelling and overriding public safety
issues involved in the handling and use of explosives, the approving
authority may inspect any vehicle, structure, dwelling, construction
site, workplace or other area where explosives are manufactured, sold,
possessed, stored or used within the City for the limited purpose
of ascertaining and verifying compliance with this chapter.
B.
Permit revocation. The approving authority may, at his sole discretion,
revoke or modify a permit issued pursuant to this chapter where it
appears the permit holder has violated any local, state or federal
rule or regulation, including but not limited to a false statement
or representation on the application for a blasting permit or violation
of any applicable safety standard or where the approving authority
determines that public safety has been compromised. The approving
authority may modify or revoke a permit by notifying the permit holder
or the approving authority's representative, orally or in writing,
that the permit has been modified or revoked. Where a permit has been
revoked, the approving authority shall send a written notice of revocation
to the permit holder by first class mail without unnecessary delay,
but not later than five business days after revocation, setting forth
the reasons the permit was revoked. Where a permit is modified, the
approving authority shall give the permit holder written notice of
the modifications.
A.
No blast shall be initiated at any location within the City limits
unless a written permit has first been obtained from the approving
authority authorizing blasting at the specific location.
B.
Blasting conducted within the City must comply with the terms of
the permit and, in addition, all applicable state and federal health
and safety standards.
C.
At least five business days prior to the scheduled start of blasting,
the permit holder shall request a pre-blast meeting with the approving
authority to review and finalize the proposed blasting plan. No blasting
shall be conducted unless a pre-blast meeting has been held with the
approving authority and the approving authority has approved the proposed
blasting plan.
D.
Each blasting permit holder shall establish and delineate a blast
zone prior to detonating a blast. The blast zone must be clearly marked
and adequate precautions implemented to prevent unauthorized entry
into the area.
E.
Prior to each blast, the blaster or the blaster's designee shall
be responsible for notifying all persons in the general area that
blasting operations are scheduled to begin within a specified period
of time. In addition, the blaster shall sound a recognized whistle,
siren or horn loud enough to be heard throughout the designated blast
zone approximately three minutes prior to blasting and again 30 seconds
prior to blasting, warning all persons that blasting is imminent.
F.
The approving authority shall be permitted access to observe all
aspects of the blasting operation, including but not limited to observation
of all pre-blast preparatory site work, the explosion/detonation and
access to the post-blast site. The property owner shall reimburse
the City for the cost of all inspection services, including the cost
of retaining an on-site inspector to monitor all aspects of blasting,
where the approving authority deems such services necessary, by depositing
the estimated cost of inspection services in a designated account
to be held in escrow by the City and applied to reimburse the City
for costs incurred in administering compliance with this chapter.
The permit holder and the blaster shall, upon request, make available
to the approving authority a copy of all seismic readings and any
and all other documentation and data collected regarding any blast.
G.
The blasting permit holder shall notify the approving authority and
the police and fire departments of an impending blast at least two
hours, but not more than 12 hours, prior to the time each blast is
scheduled.
H.
The applicant shall be responsible for any costs incurred by the
City in providing police, emergency services or any other personnel
deemed necessary to ensure public safety.
I.
Notwithstanding any other regulations, no blasting shall be performed
in such manner or under such circumstances as to eject debris into
the air so as to constitute a hazard or danger or cause harm to persons
or property. Before firing any blast which could cause injury to persons
or damage property from fly rock, the material to be blasted shall
be properly covered or screened by a buffer of sufficient mass and
strength to prevent, with a margin of safety, the ejection of any
material capable of causing any injury or damage.
J.
No person shall use a quantity of explosives greater than necessary
to break or move the target material or use an amount of explosives
that poses a risk of injury to persons or property.
K.
Unless otherwise permitted by the approving authority, all holes
drilled or otherwise excavated for holding an explosive charge shall
be at least six feet deep. If, however, the permit holder/blaster
can demonstrate a need to use a hole less than six feet deep and that
such a cavity will not endanger public safety, the approving authority
or the approving authority's designated representative may, in the
approving authority's discretion, authorize the use of blast holes
less than six feet deep.
L.
The blaster shall plan each blast and take every precaution in loading,
delaying, initiation, confinement and stemming to control the throw
of rock fragments and debris and limit ground vibrations and the effect
of air concussions to the greatest extent possible. When blasting
is to be conducted within 50 feet or less of a property line and the
adjacent property owner is not a party to the blasting operation,
the blaster shall take all precautions practicable, utilizing any
combination of recognized methods, to control blasting effects to
the greatest degree possible.
M.
A record of each blast shall be kept by the blaster on a form approved
by the approving authority. All such records shall be retained by
the permit holder and blaster as prescribed by state law and made
available for inspection as a matter of public record.
(1)
The permit holder shall record the following information for each
blast and provide the approving authority with a duplicate copy at
the end of each day:
(a)
The name and license number of the blaster.
(b)
The location of the blast.
(c)
The date and time of each blast.
(d)
The number of blasts.
(e)
The number, diameter and depth of each hole and distance between
holes.
(f)
The burden depth.
(g)
The stemming length.
(h)
The make and type of explosives.
(i)
The delay make, number and period.
(j)
The weather conditions, including temperature, wind direction
and speed.
(2)
In addition, the following seismograph information must be recorded
for each blast with a duplicate copy provided to the approving authority:
(a)
The seismograph serial number.
(b)
The range/gain setting.
(c)
The date of last shake table calibration and microphone calibration.
(d)
The air channel low frequency limit.
(e)
The exact seismograph location and location in relation to the
blast.
(f)
The peak over pressure readout.
(g)
The peak particle velocity readout.
(h)
The name of the operator.
N.
Where an accident involves personal injury resulting from a blast,
the permit holder shall immediately notify the approving authority
that an accident has occurred, and no further blasting shall be conducted
until the approving authority has had an opportunity to review the
accident report and the permit. Any injury, accident or misfire involving
explosives shall be recorded, and a full written report shall be attached
to the blast report filed with the approving authority, including
the names of all participants and witnesses and remedial actions taken.
The approving authority may require such additional, specific information
from the blaster as the approving authority deems necessary and appropriate
to assure the public health and safety. Following an accident involving
personal injury, the approving authority may amend the permit by adding
whatever additional restrictions are deemed necessary to assure public
health and safety is maintained and another similar accident does
not reoccur.
O.
At no time shall a single blast greater than 2,500 pounds of total
explosives or a charge exceeding 50 pounds per delay period or interval
be detonated within the City of Rye.
A.
The maximum allowable concussion or air blast resulting from blast
operations shall not exceed 130 decibels peak, measured at a flat
frequency response (PMS two decibels) over the range of at least six
to 200 hertz.
B.
When blasting is of a continuing nature, 124 to 130 decibels shall
be the acceptable range.
C.
The US Bureau of Mines Safe Vibration Criteria, with an upper allowable
limit of 1.25 PPV, will be the governing standard. Charts plotting
both the peak particle velocity (in/s) and peak frequency (Hz) must
be provided after each and every blast. The approving authority shall
have the authority to set an upper allowable limit less than the governing
standard if it is determined that nearby structures or natural features
could be compromised at the governing standard. An upper allowable
limit of 0.5 PPV could be expected within residential areas.
D.
The permit holder shall report each blast exceeding acceptable parameters
to the approving authority within 24 hours. Following a blast exceeding
acceptable parameters, the approving authority shall have the authority
to order blasting operations to be suspended, altered or stopped.
A.
No person shall engage in blasting operations within the City of
Rye after the hour of 3:30 p.m. or before 9:00 a.m. on weekdays or
at any time on Saturday and Sunday; or on any holidays, or on Rosh
Hashanah, Yom Kippur, or the day after Thanksgiving through Thanksgiving
weekend, or December 26 through 31 except under authority of a special
permit issued by the City Manager. In addition, blasting will be prohibited
within 750 feet of a school on testing days.
[Amended 6-14-2023 by L.L. No. 9-2023]
B.
Except as provided by § 88-18, no new/additional rock excavation permit or blasting permit shall be issued for the same subject property for 18 months as measured from the permit expiration date of any previously issued rock excavation or blasting permit.
C.
Except as provided by § 88-18, no rock excavation permit or blasting permit shall be issued for a property that is located within a 750-foot radius of another property that has received a permit for such activities for at least 60 days as measured from the expiration date of the other property's permitted blasting or rock excavation permit.
A.
Notification of City and neighbors.
(1)
Any individual who intends to engage in blasting on any property
in the City of Rye shall submit its application for a blasting permit
to the approving authority at least 21 calendar days prior to the
commencement of such blasting. Upon approval of the blasting permit,
the approving authority shall post the following information on the
City's website at least seven calendar days prior to the commencement
of any blasting:
(2)
In addition to notifying the City as required above, the individual
must also notify the neighbors in writing of the intent to blast.
The applicant shall prepare a notification list, using the most current
City of Rye Tax Maps and Tax Assessment Roll, showing the Tax Map
sheet, block and lot number, the owner's name and owner's mailing
address for each property located wholly or partially within 750 feet
of the subject property. If a property on the public notification
list is also listed as a cooperative or an apartment, the notice shall
only be mailed to the property owner of record. These mailing requirements
must be performed in accordance with the following requirements:
(a)
The notice shall be mailed to all property owners by regular
United States mail at a post office or official depository of the
Postal Service at least 28 calendar days prior to the commencement
of mechanical rock excavation.
(b)
The individual must provide a copy of the certificate of mailing
to the approving authority prior to the commencement of any mechanical
rock excavation.
B.
The approving authority may also require that the notice of intent
to blast be posted on each building or dwelling in a conspicuous place
where it is reasonable to believe that persons entering or leaving
the premises will see such notification.
C.
In the case of multi-occupancy structures, residential and commercial,
located within 750 feet of the blast site, the notice of intent to
blast shall be conspicuously and continuously posted at all commonly
used entrances to the structure at least 28 calendar days prior to
blasting. It shall be the blaster's responsibility to ensure that
notice is unobstructed and remains posted at the structure.
Any person applying to use explosives to demolish any structure
must agree to assume the cost of any engineering analysis, public
safety survey, environmental review or other technical study deemed
necessary by the approving authority to determine if and how blasting
or rock chipping can be conducted safely.
The approving authority may supplement this chapter by promulgating
whatever additional rules and regulations are deemed necessary or
desirable to protect the public health, safety and welfare. A copy
of all supplemental rules and regulations promulgated under this section
are to be provided with each application for a permit and posted on
the City's website.
A.
Any person, including any owner or agent or corporation, who shall
violate any of the provisions of this chapter or fail to comply with
any provision shall, following conviction, be guilty of a misdemeanor.
B.
The first violation shall be punishable by a fine not to exceed $5,000
and subject to a period of incarceration not to exceed 20 days.
C.
A second and each subsequent offense shall be punishable by a fine
not to exceed $10,000 and subject to a period of incarceration not
to exceed 40 days.
D.
Any person, including any owner or agent or corporation, who supplies
false information to the approving authority in support of a blasting
permit shall, upon conviction, be guilty of a misdemeanor and subject
to a fine not to exceed $5,000 and subject to a period of incarceration
not to exceed 20 days.
E.
The provisions of this chapter may be enforced by either the approving
authority or the City Police.
Whenever used in this article, the following terms shall have
the meanings indicated:
A permit issued by the approving authority for blasting activities
at a single blasting site.
The removal of rock with the use of a mechanical hammer or
other mechanical device, including but not limited to such activities
as rock chipping, drilling or boring holes in rock, the use of expansive
grout to break up rock, hydraulic rock splitting or similar activity
utilizing machinery for the purposes of extracting rock from land.
A permit issued for rock excavation on a subject property
by the Building Department.
The lot for which a mechanical rock excavation permit is
issued.
A day when a school is administering a state or federally
mandated test or a day when the school is administering an advanced
placement test, PSAT, SAT, ACT, final examinations or other similar
tests, as long as the school or district posts on their website at
the beginning of each school year such dates and provides such information
at the beginning of the school year to the Building Department.
Circumstances unforeseen by the property owner, including
significant and documented mechanical failure of a machine, severe
inclement weather, such as a hurricane or earthquake, global pandemic
(except for preexisting governmental regulations and restrictions
relating to a preexisting pandemic), act of God, act of war, terrorism,
riot or other civil disorders.
A.
No mechanical rock excavation may take place unless a rock excavation permit is obtained. All permits shall identify the purpose for which the rock excavation permit is being issued, the owner of the subject property, including any partners of any limited liability company, and the permitted duration of the rock excavation. The application for a rock excavation permit shall include a certification by the property owner that the property owner has determined that any mechanical rock excavation can be completed within the period in Subsection A(1) below.
(1)
Mechanical rock excavation shall be restricted to 15 consecutive
calendar days.
(2)
Except as provided by § 88-18, no new/additional rock excavation permit or blasting permit shall be issued for the same subject property for 18 months as measured from the expiration date of any previously issued rock excavation or blasting permit.
(3)
Except as provided by § 88-18, no rock excavation permit or blasting permit shall be issued for a property that is located within a 750-foot radius of another property that has received a permit for such activities for at least 60 days as measured from the expiration date of the other property's permitted rock excavation permit.
B.
No rock excavation permit shall be issued unless the applicant has
a dust mitigation plan approved by the Building Department. Such dust
mitigation plan shall incorporate the best dust control practices
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 or wetting
program.
(1)
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.
(2)
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.
(3)
Suitable drainage means shall be provided for the removal of water
and sludge which drains from the operation.
(4)
Soil or debris piles shall be moistened if dust is being emitted
from the piles due to prevailing winds and not from a momentary gust.
Adequately secured tarps, plastic or other material may be required
by the Building Department to further reduce dust emissions.
C.
Notification of City and neighbors.
(1)
Any individual who intends to engage in mechanical rock excavation
on any property in the City of Rye shall submit its application for
a rock excavation permit to the City Building Department at least
21 calendar days prior to the commencement of mechanical rock excavation.
Upon approval of the rock excavation permit, the City Building Department
shall post the following information on the City's website at least
seven calendar days prior to the commencement of any mechanical rock
removal:
(2)
In addition to notifying the City as required above, the individual
must also notify the neighbors by sending out a public notification
prepared by the Building Department. The applicant shall prepare a
notification list, using the most current City of Rye Tax Maps and
Tax Assessment Roll, showing the Tax Map sheet, block and lot number,
the owner's name and owner's mailing address for each property located
wholly or partially within 750 feet of the subject property. If a
property on the public notification list is also listed as a cooperative
or an apartment, the notice shall only be mailed to the property owner
of record. These mailing requirements must be performed in accordance
with the following requirements:
(a)
The mailing shall be limited solely to the public notice provided
by the City Building Department.
(b)
The notice shall be mailed to all property owners by regular
United States mail at a post office or official depository of the
Postal Service at least 28 calendar days prior to the commencement
of mechanical rock excavation.
(c)
The individual must provide a copy of the certificate of mailing
to the City Building Department prior to the commencement of any mechanical
rock excavation.
D.
No person shall engage in mechanical rock excavation, as defined in§ 88-15, within the City of Rye before the hour of 9:00 a.m. or after 3:30 p.m. on weekdays or at any time on Saturday and Sunday; or on any holidays or on Rosh Hashanah, Yom Kippur, the day after Thanksgiving through Thanksgiving weekend, or December 26 through 31 except under authority of a special permit issued by the City Manager. In addition, mechanical rock removal, including mechanical rock excavation, will be prohibited within 750 feet of a school on testing days.
[Amended 6-14-2023 by L.L. No. 9-2023]
E.
No person performing mechanical rock excavation shall have more than
two mechanical hammers operating on the subject property at the same
time. Rock crushing shall not be permitted on the subject property.
F.
A property owner who has properly applied for and received a rock excavation permit and has otherwise complied with the provisions of this chapter may apply to the City Manager for an additional, one-time three-consecutive-calendar-day waiver in addition to the 15 days above, subject to all the other restrictions contained herein. The property owner shall have the burden of demonstrating to the City Manager that a waiver is warranted due to unexpected circumstances as defined in § 88-15. The City Manager, at his/her sole discretion, may grant or deny the waiver. In making his/her determination, the City Manager may request documentation supporting unexpected circumstances, 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 City website. No waiver shall be granted if the property owner has been found in violation of any provision of this chapter.
In the event an activity is not being performed in accordance
with this article, the owner of the property or the owner's agent
or the person performing such violation shall be notified to suspend
all work, and any such persons shall forthwith stop such work and
suspend all activities. Any person who violates any provision of this
article shall be guilty of an offense and shall, upon conviction thereof,
be subject to a fine of not more than $1,000, an order to suspend
mechanical rock excavation on the site for a period of not more than
72 hours, or by imprisonment not exceeding 15 days, or any combination
of such fine, suspension, and imprisonment, and each day that such
violation shall continue shall be construed as a separate offense.
Upon any subsequent conviction for the same offense, such person shall
be subject to a fine of not more than $2,000, or an order to suspend
mechanical rock excavation on the site for a period of not more than
72 hours, or by imprisonment not exceeding 15 days, or any combination
of such fine, suspension and imprisonment. The imposition of one penalty
for any violation shall not excuse or remedy such violations.
The actions of, or at the direction of, utility providers and state, county or City governmental agencies, including the Rye City School District and the Rye Neck Union Free School District, shall be specifically exempt from the requirements of this chapter. The following activities shall be exempt from § 88-16A and C above:
A.
Removal of rock for the sole purpose of the installation of gas or
electrical service, and the installation of water or sewer service.
Any property owner seeking to utilize this exemption must certify
in writing that the rock removal is solely for this purpose, and must
provide at least 24 hours' notice to the City of same. Removal of
rock for these purposes must be accomplished in no more than two three-consecutive-calendar-day
periods (a total of six days). Upon such notice(s), the activity will
be listed on the City website.
B.
Removal of rock for the sole purpose of stormwater drainage, provided
that the subject property has not received a rock excavation permit
or blasting permit within the last 18 months. Any property owner seeking
to utilize this exemption for stormwater drainage must certify in
writing that the rock removal is solely for this purpose and that
the subject property has not received a rock excavation permit within
the last 18 months and must provide at least 24 hours' notice to the
City of same. Removal of rock for the purpose of stormwater drainage
shall be accomplished in no more than two three-consecutive-calendar-day
periods (a total of six days). Upon such notice(s), the activity will
be listed on the City website.
C.
Blasting and drilling activities related to permitted blasting activities. Those activities shall be regulated by Article I of this chapter.
D.
Drilling activities in connection with the installation of geothermal
systems.
E.
Drilling or boring for no more than two consecutive calendar days
for the purposes of conducting geotechnical investigations or other
similar exploratory subsurface testing in connection with a potential
application for a rock excavation permit.
F.
Hammering or drilling activities solely to accomplish removal of
man-made structures such as concrete structures, roadways, driveways,
or buildings.
G.
Hammering, rock chipping or drilling activities within 18 months
of a previously issued blasting permit shall be permitted for not
more than three consecutive calendar days. Any property owner seeking
to utilize this exemption must notify the City in advance so that
at least 24 hours of notice of the activity can be listed on the City
website.
