[Added 7-18-2000]
This article shall be known as the "Blasting
and Explosives Law of the Town of Bedford."
This article is enacted pursuant to the authority
of the Town to promote the public health, safety and general welfare
of its citizenry.
A.
The Town Board of the Town of Bedford hereby finds
that the public interest, health, safety and the economic and general
welfare of the residents of the Town of Bedford will be best served
by providing for the regulation of the use, possession, handling,
storage and transportation of explosives within the jurisdiction of
the Town of Bedford.
B.
The Town Board therefore declares that the purpose
of this article is to regulate the use, possession, handling, storage
and transportation of explosives within the Town of Bedford to ensure
the public interest, health, safety and economic and general welfare
of present and future residents of the Town.
C.
This article is enacted with the purpose of providing
for a reasonable balance between the rights of individual property
owners to the free use of their property and the rights of the community
as a whole.
As used in this article, the following terms
shall have the meanings indicated:
Includes any activity whereby layers of earth or rock are
dislodged or torn apart by the use of any explosives, and includes
the displacement of any vegetation, ground cover, earth or rock by
the explosion or detonation of any explosive material and includes
the demolition of all or part of any building or structure.
The duly appointed Building Inspector of the Town of Bedford.
Gunpowder, powders used for blasting, high explosives, blasting
materials, detonating fuses, fireworks, detonators and other detonating
agents, smokeless powder and any chemical compound or any mechanical
mixture containing any oxidizing and combustible units or other ingredients
in such proportions, quantities or packing that ignition by fire,
friction, concussion, percussion or detonation of any part thereof
may and is intended to cause an explosion, but shall not include gasoline,
kerosene, naphtha, turpentine, benzene, acetone, ethyl ether, benzol
and all quantities of black powder not exceeding five pounds for use
in firing of antique firearms or artifacts or replicas thereof. Fixed
ammunition and primers for small arms, firecrackers, safety fuses
and matches shall not be deemed to be explosives when the individual
units contain any of the above-mentioned articles or substances in
such limited quantity, of such nature and so packed that it is impossible
to produce an explosion of such units to the injury of life, limb
or property.
An individual holding a valid license to handle and detonate
explosives in New York State.
Includes a person, persons, firm, partnership, corporation
or other entity.
All ledge or bedrock, boulders or masonry larger than one
cubic yard in volume and any material that cannot be moved by normal
excavation equipment and which requires blasting, barring, chipping,
wedging or other methods for removal from its original bed.
Any person employed by the Town of Bedford as the Town Engineer
or any consulting engineer retained to act in his stead.
No person shall purchase, own, possess, transport
or use explosives to blast or cause to be blasted any rock or other
substance with any explosive in the Town of Bedford, as defined in
this article, without having first obtained a permit from the Building
Inspector 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 article.
The application for a blasting permit shall
be made to the Building Inspector and contain such information as
is required by the Building Inspector. At a minimum, the following
information shall be submitted:
A.
Application. Application for a blasting permit on
a form approved by the Town Building Inspector.
B.
Application fee. An application fee in the amount
of $75 shall be paid by the applicant at the time of application to
the Town. Checks shall be made payable to the Town of Bedford.
C.
Licensed blaster. Satisfactory evidence to the Building
Inspector of the name, address, license number and expiration date
of the blaster responsible for all work and whose name the permit
will be issued to.
D.
Adjacent structures. A description of all structures and utilities, including residential dwellings, garages, swimming pools, tennis courts, etc., located within 500 feet of the blast site and a list of the names and addresses of the owner or owners of any parcel within 500 feet of the property on which the blasting is to take place, as shown on the most recent tax rolls of the Town of Bedford. A description of all trees within the blasting area as described in Chapter 112 (Tree Preservation) of the Code of the Town of Bedford; more particularly, §§ 112-2 and 112-4.
E.
Insurance. A certificate of insurance shall be submitted
which is 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 specified 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.
(1)
Such policy shall also provide to save the Town
of Bedford 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 cancelled,
terminated, modified or changed by the company unless 30 days' prior
written notice is sent to the Town by certified mail. No permit shall
be valid unless such insurance is in full force and effect.
(2)
Should the Building Inspector determine that
the extent of the blasting operations in any particular case and the
danger involved require public liability insurance coverage in greater
amounts than above specified, he shall immediately certify his determination
to the applicant. The applicant shall, therefore, provide such policies
in the requested amounts.
(3)
Such liability insurance policy shall be issued
by an insurance company authorized to do business in New York State
and approved as to form and sufficiency by the Town Attorney, and,
after such approval, said policy shall be filed with the Town Clerk.
F.
Bonding. A performance bond in an amount specified
by the Building Inspector, however, not less than $20,000, to cover
the faithful performance of the permittee shall be submitted with
the application. The bond to the Town shall be executed by a surety
company licensed to do business in New York State and which is found
acceptable by the Town Attorney.
G.
Pre-blast inspection.
(1)
When blasting will occur within 500 feet of
an existing home, structure, roadway, pool, utility or other facility,
the Building Inspector may request that a pre-blast inspection be
performed by the applicant. The pre-blast inspection should provide
reports, photographs and other documentation delineating the existing
conditions of such buildings, structures, utilities or facilities.
(2)
Upon review of the pre-blast inspection reports
and field visits, the Building Inspector may determine that a blasting
plan be prepared.
H.
Blasting plan.
(1)
When determined necessary by the Town Building
Inspector, the applicant shall have prepared a blasting plan for the
proposed work.
(2)
The blasting plan shall be prepared by a professional
engineer licensed in New York State and provide the following information:
(a)
A performance specification outlining the spacing,
diameter and depth of drill holes; number or drill holes to be loaded
during any blast; caps, delays, charge weight and sequence per blast;
peak particle velocity computations; vibration monitoring program;
removal methods; safety measures to protect vehicles and pedestrians;
and impacts and mitigation proposed to neighboring properties due
to noise, dust, traffic and blasts.
(b)
The design of exposed rock faces based on factual
representation of bedrock stability as determined by a geotechnical
consultant. The design should include profiles of existing and proposed
conditions; location of varying stability of bedrock; improvements
to control drainage and groundwater; and details of walls, cribbing,
rock pinning or other methods proposed to stabilize face.
I.
Review. The Town Building Inspector, in his review
of applications, shall from time to time, as he finds necessary, request
the opinion of the Town Engineer in the review of the applications,
pre-blast inspections, reports and blasting plans.
A.
Such permit, when approved, shall be issued and signed
by the Building 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 12 months from the date of issue) and the particular
place where the blasting is to be done.
B.
In the event of the issuance or denial by the Building Inspector of a blasting permit, any person aggrieved may apply, within 30 days of said denial, to the Zoning Board of Appeals, as set forth in § 125-129C(1)(b).
C.
Any decision of the Zoning Board of Appeals relating
to an appeal from denial by the Building Inspector, any decision by
the Zoning Board of Appeals relating to the issuance or denial of
a blasting permit, may be reviewed, at the insistence of any person
aggrieved thereby, in accordance with Article 78 of the Civil Practice
Law and Rules, provided that such review is commenced within 30 days
of the filing of said decision or order of the Zoning Board of Appeals
in the office of the Town Clerk.
A.
In the event that blasting is carried on contrary
to the conditions contained in this chapter, the Building Inspector
shall issue a stop-work order.
B.
No blasting shall be conducted in the Town of Bedford
which shall cause excessive or damaging vibrations in any neighboring
properties. The sudden appearance of cracks in floors, walls or ceilings
or the lengthening of the same or the cracking of windows or the implosion
or explosion of windows shall be prima facie evidence of the use of
excessive amounts of explosives, and the Building Inspector must issue
a stop-work order upon observation of the same. No appeal to the Zoning
Board of Appeals shall act as a lifting of a stop-work order, notwithstanding
any provision of law.
C.
The Building Inspector shall have the authority to
lift the stop-work order upon proof that the next successive explosion
(blast) shall not only be within the limits set forth in this article
but shall also contain fewer explosives than the prior explosion so
that the explosions do not excessively vibrate neighboring properties.
Such proof shall be provided in the form of a blasting plan or other
documentation prepared by a professional engineer licensed in the
State of New York.
A.
All permits, unless otherwise indicated, shall expire
on completion of the acts specified and, unless otherwise indicated,
shall be valid for a period of one year. Said one-year period shall
begin running at the date upon which the permit is issued.
B.
Permits shall be issued to licensed blasters only.
Legal owners of the affected property shall be recorded with the Building
Inspector. Notice of such transfer of permit must be filed with the
Building Inspector within 30 days of the transfer.
C.
The Building Inspector may suspend or revoke a permit
if he finds that the applicant has failed to comply with any of the
terms, conditions or limitations set forth in the application and/or
permit.
Conformance with this article does not eliminate
the necessity of any applicant to obtain the approval or permits required
by any other agencies prior to construction in accordance with the
permit. Obtaining such approval or permits is the responsibility of
the applicant. No operations shall be initiated until such approvals
or permits have been issued.
No person shall conduct blasting operations
within the Town of Bedford after the hour of 5:00 p.m. and before
8:00 a.m. nor at any time on Sunday or holidays, except in the case
of emergency or necessity, and then only with permission of the Building
Inspector.
A.
Not more than 30 days nor less than 72 hours prior
to the intended blasting, a notice of intent to blast shall be served
upon the following:
(1)
The owner or owners of any parcel of property
immediately adjoining or abutting the parcel of property on which
the blasting is to take place.
(2)
When determined necessary by the Building Inspector,
the inhabitants or users of any structure, including residential dwellings,
located within 500 feet of the blast location.
B.
The notice of intent to blast shall be delivered to the inhabitants or users set forth in Subsection A 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 or a certified letter, return receipt requested, may be sent to the affected structure or dwelling. The certified letter shall be mailed to the property owner. The addresses of property owners shall be obtained from the Tax Assessor's office.
C.
The notice of intent to blast shall also be delivered
to the Town Clerk, Bedford Police Department, Town Building Inspector
and, if appropriate, the Bedford Water and Sewer Department 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.
Before issuance of any blasting permit, the blasting
contractor shall cause to be made an in-depth inspection of all homes,
structures, utilities or facilities adjacent to the blast site and,
when required by the Building Inspector, within a minimum distance
of 500 feet of the blast location to note the interior and exterior
condition, including foundation walls, sidewalks, pools and the like.
The inspection and written report shall be conducted by an independent
firm experienced in this type of work.
B.
Should it be determined by the Building Inspector
that a pre-blast inspection report is necessary for any area not listed
above but within the proximity of the blasting, the Building Inspector
shall advise the blasting contractor of this requirement, and a report
shall be prepared as requested.
C.
A copy of the inspection report, when it is completed,
covering each house, structure or facility inspected, shall be delivered
to the Building Inspector. This report must be conducted and delivered
prior to issuance of a permit.
D.
The blasting contractor shall provide continuous blast
monitoring during construction.
E.
Blast monitoring shall be performed by an independent
testing agency at the blasting contractor's expense.
F.
Blast vibration levels must be limited to minimize
impact and potential damage to nearby structures. The maximum particle
velocity shall be limited to that which is specified within the pre-blast
inspection report and/or blasting plan.
G.
The Town of Bedford shall assume no responsibility
whatsoever for any costs incurred in connection with any work required
under this section.
H.
The requirements of this section may be waived in
certain circumstances as may be deemed appropriate by the Building
Inspector.
A blaster is absolutely liable for any damages
he causes with or without trespass. The intentional setting off of
explosives, that is, blasting, in an area in which it is likely to
cause harm to neighboring persons or property shall make the blaster
and the person who engages him absolutely liable for the consequences
of his act.
The holder of a blaster's license issued pursuant
to this article shall perform blasting operations in accordance with
the provisions, regulations and requirements of the Labor Law and
of the codes, rules and regulations and any and all amendments thereto
and, in addition, shall perform such blasting operations in accordance
with recommended good practices usually employed in the industry as
follows:
A.
Amount of explosives used. 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.
B.
Precautions required. All blasts within 500 feet of
any roadway, public area, occupied private area or structure, before
firing, shall be covered with matting or other suitable protection
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 500 feet of any roadway
or structure shall have a suitable screen so as not to cause injury
or damage to persons or property. Prior to blasting, signs warning
of a blasting operation must be posted not less than 500 feet from
the site of the proposed blasting, with said signs to contain the
legend: "Blasting Area. No use of two-way radios or cell phones permitted."
C.
Warning flags. 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 Bedford unless competent persons carrying
a red flag and whistle 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.
D.
Storage requirements; records.
(1)
Explosives for blasting shall be kept in a properly
constructed magazine painted red and marked "danger."
(2)
At no time shall the amount of explosives kept
at the site of the work exceed amounts needed for one working day,
unless otherwise approved, in writing, by the Building Inspector.
Such explosives shall be stored, handled and used in conformance with
any and all applicable laws, regulations and codes. Under no circumstances
may explosives be stored over any weekend, and all excess explosives
not required for the last workday of the week's detonation shall be
removed by 12:00 noon on that day.
(3)
Accurate daily records shall be kept showing
the amount of explosives on hand within the municipal boundary, both
at the site and at any storage magazine, the quantities received and
issued and the purpose for which issued, when used or stored within
the Town limits.
(4)
The blasting contractor shall be responsible
for any damage or injury to any persons, property or structures as
a result of this handling, storage or use of explosives.
(5)
Magazines to be used for storage of explosives
shall be as specified in the current standards of the National Fire
Protection Code. Magazines are to be kept locked, except when being
inspected or when explosives are being placed therein or being removed
therefrom. All magazines will be stored at a location approved by
the Building Inspector. Under no circumstances is the agreed storage
location to change without written permission of the Town.
(6)
Prior to the issuance of a permit, the blasting
contractor shall submit to the Building Inspector his anticipated
route through the Town for the delivery of any explosives. No permit
will be issued until the route is approved by the Building Inspector
and, if found necessary, the Fire Inspector.
Public utilities and governmental agencies may be granted an exception to the provisions of this article only by the Town of Bedford Building Inspector and only upon written request by such public utility or governmental agency for such special exception. Such written request shall state the reasons for the request and the blasting for which such exception is requested and shall include as part of such request certificate(s) of insurance as required in § 125-48.6E of this article. Such request shall be accompanied by a fee of $75. Such special exception shall be granted for a period not to exceed 12 months and may be renewed from time to time upon written request and payment of the fee as required by this section.
A.
The Town Building Inspector or his representatives
shall be the official of the Town of Bedford responsible for enforcing
this article. The Bedford Police shall have the concurrent responsibility
of assisting the Town Building Inspector in enforcing this article.
B.
Any person found violating any provision of this article
or the terms and conditions of any permit granted hereunder shall
be served with written notice at the direction of the Town Building
Inspector stating the nature of the violation.
C.
Any person or corporation violating any of the provisions
of this article, upon conviction thereof, shall be subject to a mandatory
fine of $1,000 for each offense. Every violation of any provision
of this article 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.
Notwithstanding the penalties hereinabove provided,
the Town of Bedford may maintain an action or proceeding in a court
of competent jurisdiction to compel compliance with or to restrain
by, injunction, the violation of any provision of this article.
If any clause, sentence, paragraph, section
or part of this article shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, section or part whereof directly
involved in the controversy in which such judgment shall have been
rendered.
If any provision of this article shall be in
conflict with any other local law or ordinance of the Town of Bedford
or any law of the State of New York or political subdivisions thereof,
the provision of the more restrictive law shall apply.
This article shall become effective upon its
adoption.
