[HISTORY: Adopted by the Town Board of the
Town of Yorktown 1-6-1998 by L.L.
No. 3-1998. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A written notice setting forth the location, date and approximate time that blasting will occur. The notice of blasting shall also contain a true copy of the blasting permit obtained pursuant to § 127-10.
A written notice setting forth the location and approximate
date that blasting will occur.
Includes an individual, corporation, association, firm or
partnership.
A.
No person shall blast or cause to be blasted any rock
or other substance with any explosive in the Town of Yorktown as defined
in this chapter 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 in accordance with
the provisions of New York State laws and regulations and the provisions
of this chapter.
B.
The application for a blasting permit shall be on
a form approved by the Building Inspector and contain such information
as is required by the Building Inspector. As part of the application
for a blasting permit, the applicant shall also submit a description
of all structures, including residential dwellings, located within
300 feet of the blast site and a list of the names and addresses of
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, as shown on the most recent tax rolls of the Town of Yorktown.
C.
Before such permit is issued, the person shall submit
evidence in the form of a certificate of insurance 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 specific endorsement covering the
liabilities arising from blasting, in the amount not less than $1,000,000
per occurrence. The applicant, the owner of the property and such
policy shall also provide to save the Town 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 canceled, 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.
[Amended 6-21-2016 by L.L. No. 11-2016]
[Amended 6-6-2017 by L.L.
No. 9-2017]
Such permit, when approved and signed by the Building Inspector,
and upon payment of a fee in an amount as set forth in the Master
Fee Schedule[1] to the Building Inspector or such other fee as may be
fixed from time to time by the Town Board, 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 three months from the date of issue) and the
particular place where the blasting is to be done. The Town Board
may revoke any permit issued hereunder at any time, for good cause
shown. Said hearing shall be conducted by the Town Board, upon written
notification of the permittee of the time and place of and reason
for such hearing.
No person shall use, in a blasting operation,
a quantity of explosives greater than necessary properly to start
the rock or other substances or use such an amount as will endanger
persons or property.
All blasts, before firing, shall be covered
with metal rope or metal matting, heavy timbers chained together or
other suitable screens 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.
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 Yorktown unless competent persons carrying
a red flag 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.
No person shall conduct blasting operations
within the Town of Yorktown after the hour of 5:00 p.m. and before
8:00 a.m., nor at any time on Sunday, except under authority of a
special permit issued by the Town Board.
During blasting operations explosives shall
be stored separately from igniters, and for this purpose separate
receptacles shall be built or provided and placed at a reasonable
distance apart one from the other. Explosives shall be stored in approved
magazines, and no more than a one-day supply of such explosives shall
be so stored. Explosives shall not be stored unattended overnight.
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:
B.
The notice of intent to blast shall be personally delivered to the inhabitants or users set forth in Subsection A(1). 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.
C.
The notice of intent to blast shall be delivered to the owner or owners set forth in Subsection A(2) of this section by certified letter, return receipt requested, sent to the persons, firms or corporations shown as such owner or owners on the most recent of tax rolls of the Town of Yorktown. The addresses to be used shall be the addresses shown on such tax rolls, and if there be no address shown, it shall suffice if the notice of intent to blast is sent to the owner addressed to the property. The tax rolls referred to shall be the most recent published and available for inspection by the general public, preceding the date of mailing of the notice of intent to blast.
D.
By whatever means delivery of the notice of intent
to blast is effected, said notice of intent to blast shall be received
no more than 30 days nor less than 72 hours prior to blasting.
E.
The notice of intent to blast shall also be delivered
to the Town Clerk and Police Department no less than 72 hours prior
to blasting.
F.
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.
Not more than 72 hours nor less than 24 hours prior
to blasting, a notice of blasting shall be served upon:
B.
The notice of blasting shall be personally delivered to the inhabitants or users set forth in Subsection A(1) of this section. In the event that personal delivery of the notice of blasting cannot be effected, the notice of blasting 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.
C.
The notice of blasting shall be delivered to the owner or owners set forth in Subsection A(2) of this section by certified letter, return receipt requested, sent to the persons, firms or corporations shown as such owner or owners on the most recent of tax rolls of the Town of Yorktown. The addresses to be used shall be the addresses shown on such tax rolls, and if there be no address shown, it shall suffice if the notice of blasting is sent to the owner addressed to the property. The tax rolls referred to shall be the most recent published and available for inspection by the general public, preceding the date of the mailing of the notice of blasting.
D.
By whatever means delivery of the notice of blasting
is effected, said notice of blasting shall be received no more than
72 hours nor less than 24 hours prior to blasting.
E.
The notice of blasting shall also be delivered to
the Town Clerk and Police Department, no less than 24 hours prior
to blasting.
F.
Delivery of the notice of blasting, as required by
this section, shall be the sole responsibility of the applicant for
the blasting permit.
A.
Any person or corporation violating any of the provisions
of this chapter, upon conviction thereof, shall be subject to a mandatory
fine of $250 or imprisonment for 15 days, or both, for each offense.
Every violation of any provision in this chapter shall be a separate
and distinct offense, and in case of continuing violation, every days'
continuance thereof shall be deemed to be a separate and distinct
offense.
B.
This chapter may be enforced by the Building Inspector
or the Police Department.
Notwithstanding any other provision of this chapter, none of the provisions of §§ 124-2, 124-3, 124-7, 124-9 and 124-10 shall be applicable to blasting operations conducted by a public utility company (as defined in the Public Service Law) in the ordinary course of its business, for the purpose of providing or restoring a public utility service.
