[HISTORY: Adopted by the Town Board of the
Town of Clarkstown 5-13-1986 by L.L. No. 2-1986 (Ch. 81 of the 1974
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Explosives — See Ch. 136.
A.
The Town Board hereby finds and determines that the
existence and continued operation of blasting operations at quarries
and elsewhere within the Town of Clarkstown has potential for adverse
effects upon residents and property, not only due to the existence
of heavy trucking, noise, dust and debris associated with such operations,
but also because there is hazard to life and property from the direct
and indirect effects of blasting at quarries and elsewhere within
the Town of Clarkstown. Pursuant to the authority contained in the
Town Law, § 130 Subdivision 23, and the Municipal Home Rule
Law, § 10, it is the intention of the Town of Clarkstown
to regulate the hours of operation and the degree of blasting that
takes place at quarries and elsewhere so as to ensure that such business
operations do not result in impairment of the health and safety of
Town residents or unduly expose private and public property to risk
of damage.
B.
Because the dimension of nuisance is added to intrusions
affecting health and safety when quarries and others engaging in blasting
activities operate during hours when Town residents expect relative
tranquility, the Town Board hereby asserts its right to designate
acceptable hours for blasting operations and to control the degree
of velocity and displacement of vibrations during those hours when
blasting is authorized.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes any activity whereby layers of earth and rock are
dislodged or torn apart by the use of any explosive, and includes
the displacement of any vegetation, ground cover, earth or rock by
the explosion or detonation of any explosive material.
[Amended 8-20-2013 by L.L. No. 6-2013]
A.
No blasting
shall be permitted in the unincorporated portion of the Town of Clarkstown
except between the hours of 7:00 a.m. and 7:00 p.m., excluding Sundays
and public holidays, when no blasting shall be permitted at any time.
B.
Whenever blasting is to be conducted, the Chief Fire Safety Inspector
or Building Inspector shall be notified 24 hours in advance of blasting,
the location and intended time of such blast specified by the blaster.
During the hours when blasting is permitted,
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
than 40 hertz or 2.0 inches per second for frequencies of 40 hertz
or more. In addition, air pressure levels emanating from such blasts
shall not exceed 131 decibels for a high pass filter of 0.1 hertz,
or 128 decibels for a high pass filter of two hertz, or 125 decibels
for a high pass filter of six hertz.
A.
It shall be the responsibility of any person, firm or organization which engages in blasting to maintain verified records of the place, date, time and amount of the charge set for each blast and also to monitor and maintain a permanent record of all blasts with measurements at distances indicated in § 220-4. Such person, firm or corporation shall, not less than quarterly and upon demand, provide to the Director of the Department of Engineering and Facilities Management of the Town of Clarkstown all such records and other proof of compliance to the standards established by § 220-4. Seismograph and air pressure readings of blasts shall be taken by a person regularly or routinely employed in the processes of seismograph readings and competent to qualify as an expert witness as to the results.
[Amended 12-13-2018 by L.L. No. 9-2018]
B.
Monitoring of blast.
(1)
The person, firm or corporation conducting the blast
is not required to monitor a blast if such blast is designed such
that the maximum charge per delay (expressed in pounds) does not exceed
the following:
|
(D/60) x (D/60)
Where D (expressed in feet) is the distance
from the blast site to the closest structure or building not owned
or used by the entity conducting the blast.
|
(2)
A contemporaneous log of all such blasts must be maintained,
and proof of compliance with the standard of maximum charge per delay
shall be furnished to the Town upon demand.
[Amended 4-9-2013 by L.L. No. 2-2013; 8-20-2013 by L.L. No.
6-2013]
A.
Any person, firm or corporation or their respective agents, servants
or employees found guilty of a violation of any provision of this
chapter shall be punished by a fine of up to $2,500. Any person, firm
or corporation or their respective agents, servants or employees found
guilty of a second offense of any provision of this chapter within
18 months from the date of the first conviction shall be punished
by a fine of not less than $2,500 and not more than $5,000. Any person,
firm or corporation or their respective agents, servants or employees
found guilty of a third offense of any provision of this chapter within
18 months from the date of the second conviction shall be punished
by a fine of not less than $7,500 and not more than $10,000. Any person,
firm or corporation or their respective agents, servants or employees
found guilty of a fourth or subsequent offense of any provision of
this chapter within 18 months from the date of the third conviction
shall be punished by a fine of not less than $10,000 and not more
than $15,000. For such offenses which are continuing offenses, each
day such offense shall continue to exist shall constitute a separate
offense.
B.
The application of the above penalty shall not be held to prevent
the enforced removal of the prohibited conditions by any other means
available to the Town Board of the Town of Clarkstown.
C.
In the case of violation of any provision of this chapter by a corporation,
the sentence to be imposed shall conform to the provisions of § 80.10
of the Penal Law and the fines provided for therein.
