As used in this chapter, the following terms
shall have the meanings indicated:
NOTICE OF BLASTING
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.
PERSON
Includes an individual, corporation, association, firm or
partnership.
[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 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.
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.