[HISTORY: Adopted by the Town Board of the Town of Hamptonburgh 4-3-2006
by L.L. No. 4-2006. Amendments noted where applicable.]
A.
Permit required to perform blasting operation.
No person, firm or entity shall blast or cause to be blasted any rock or other
substance with any explosive, as defined in this chapter, in the Town of Hamptonburgh,
without first obtaining a permit from the Town Clerk covering the specific
blasting operation, upon written application in a form approved by the Town
Board.
B.
State license required. Before such permit is issued, the person,
firm or entity shall have in his or its possession a valid license to purchase,
own, possess, transport or use explosives, issued by the Explosives Licensing
Unit, New York State Department of Labor.
C.
Required insurance. No permit shall be issued under the provisions
of this chapter to any person, firm or entity unless he or it 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, and in a form
acceptable to the Town Attorney, 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 and providing bodily
injury coverage of not less than $100,000/$300,000 and property damage insurance
of not less than $50,000/$100,000. Such policy shall also provide to save
the Town of Hamptonburgh harmless from all claims, actions and proceedings
brought by any person, firm or corporation for injury to persons or property
resulting from or occasioned by such blasting operations. Such policy shall
not be canceled, terminated, modified or changed by the company unless 10
days’ prior written notice is sent to the Town Clerk by registered mail.
Such policy shall also provide that the presence of an inspector of the Town
or its lawfully appointed representative on the site of operations shall not
affect the obligation of the insurer under its policy. No permit shall be
valid unless such insurance is in full force and effect. The certificate of
insurance so submitted may be written for a specific job or may be a blanket
certificate issued on a quarterly or yearly basis.
D.
Issuance; fee; conditions. Such permit, when approved and signed
by the Town Clerk, shall be issued upon payment of a fee of $250 for a quarterly
permit, $750 for an annual permit or such other fee as may be fixed by the
Town Board of the Town of Hamptonburgh from time to time hereafter. Each permit
issued shall specify the name of the permittee, the date of expiration of
the permit and the particular place where the blasting is to be done. A permit
shall be issued for each blasting job during the period for which the permit
is issued. The Town Clerk shall keep a record of each permit so issued, and
the Town Board reserves the right to suspend or revoke any such permit at
any time for failure to comply with this chapter.
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. The Town Board may
limit the maximum quantity of explosives to be used, but no action by the
Town Board or its duly authorized representative shall relieve or exempt any
person or insurance company from liability for damage caused by the use of
such explosives.
A.
Preparation for blasting. The person in charge of blasting operations
shall assign only persons who are qualified to perform the work safely and
shall, before blasting, cover all prepared blasts with a rope or woven metal
mattress, heavy timbers chained together or other suitable screens of sufficient
size, weight and strength to prevent the escape of broken rock or other debris
in a manner liable to cause injury or damage to persons or property.
B.
Protection of highways and public places. 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 Hamptonburgh unless competent personnel
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 blasting.
C.
Prepared blasts not to be kept overnight; exception. No blasts
prepared for firing shall be allowed to remain overnight except in an emergency
resulting from a misfire, when a watchman shall be provided to keep unauthorized
persons at a safe distance.
D.
Electrical storms. All blasting operations and any handling of
explosives shall be immediately suspended upon the approach of an electrical
storm.
No person shall conduct blasting operations within the Town of Hamptonburgh
after 5:00 p.m. and before 8:00 a.m. nor at any time on Sunday except under
the authority of a special permit issued by the Town Board.
The person, firm or entity that is duly authorized as provided herein
and who receives a permit to perform a blasting operation shall be obligated
to notify all homeowners within a distance of 1,000 feet from the perimeter
of the property at least five days prior to the commencement of the blasting
operation, in writing, notifying said property owners of the blasting operation
by certified mail, return receipt requested. Proof of such mailing shall be
delivered to the Town Clerk, accompanied by a legible copy of relevant Tax
Map sections showing the names of said landowners corresponding to their appropriate
Tax Map parcel numbers, and verified by the Town Clerk, prior to the commencement
of the blasting operation.
In the event blasting shall be required either for the construction
of a proposed Town road or in connection with the construction of any of the
improvements authorized pursuant to subdivision approval, all such blasting
that may be required relative to said construction shall be completed prior
to the issuance of the first certificate of occupancy for any dwelling constructed
within said subdivision.
Any person committing an offense against any provision of this chapter
shall be guilty of a violation punishable by a fine not exceeding $250 or
by imprisonment for a term not exceeding 15 days, or by both such fine and
imprisonment. The continuation of an offense against the provisions of this
chapter shall constitute, for each day the offense is continued, a separate
and distinct offense.
