[HISTORY: Adopted by the Town Board of the Town of North Salem 2-9-1999
by L.L. No. 1-1999.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 85.
Subdivision of land — See Ch. 200
Site development plan — See Ch. A267.
[1]
Editor's Note: This local law also repealed former Ch. 48, Blasting,
adopted 12-10-1985 by L.L. No. 7-1985, as amended.
This chapter shall be known as the "Blasting and Explosives Law of the
Town of North Salem."
This chapter 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 North Salem hereby finds
that the public interest, health, safety and the economic and general welfare
of the residents of the Town of North Salem 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 North Salem.
B.
The Town Board therefore declares that the purpose of
this chapter is to regulate the use, possession, handling, storage and transportation
of explosives within the Town of North Salem to ensure the public interest,
health, safety and economic and general welfare of present and future residents
of the Town.
C.
This chapter 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 chapter, the following terms shall have the meanings
indicated:
A permit issued by the Building Inspector to a licensed blaster for
blasting activities at a single blasting site.
Includes any activity whereby layers of earth or 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.
The parcel or parcels at a single location on which blasting activities
are proposed.
The duly appointed Building Inspector of the Town of North Salem.
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.
Explosives as defined herein shall not include gasoline, kerosene, naphtha,
turpentine, benzine, 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 North Salem 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 North Salem, 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
and in accordance with the provisions of New York State laws and regulations
and the provisions of this chapter.
A.
The application for a blasting permit shall be made to
the Building Inspector. The application shall be referred to the Town Engineer
for review and recommendation and shall contain such information as he or
she requires. At a minimum, the following information shall be submitted:
(1)
Application: application for a blasting permit on a form
approved by the Town Engineer.
(2)
Application fees. All required application fees shall be paid by the applicant in accordance with the Code of the Town of North Salem, Chapter 85, Fees, at the time of application to the Town.
(3)
Licensed blaster: satisfactory evidence that the blaster
responsible for any proposed blasting work and in whose name the permit will
be issued is a licensed blaster in New York State. Such evidence shall include,
at a minimum, the name, address, current license number and expiration date
of the licensed blaster. The Town Engineer may require additional information
about the licensed blaster's qualifications and previous blasting activities,
as deemed necessary.
(4)
Adjacent structures: a description of:
(a)
A list of the names and addresses of the owner or owners
of any parcel located within 1,000 feet of the blasting site, as shown on
the most recent tax rolls of the Town of North Salem.
(b)
All structures and utilities on the blasting site, and on other properties within 1,000 feet of the blasting site to which the owner has not denied access for this purpose. Proof of denial of access shall be by written denial or failure to respond by the owner to a reasonable request for access by the applicant which is delivered by certified mail, return receipt requested. This proof shall also be sufficient to address the provisions of § 48-13A as applicable herein.
(c)
The description of all structures and utilities shall
include but not be limited to residences, buildings, accessory buildings,
swimming pools, tennis courts, roads, driveways, utility poles and lines,
water and sewer facilities (including wells, septic fields, water and sewer
lines), underground cables, etc.
(5)
Pre-blast inspection.
(a)
When blasting will occur within 1,000 feet of an existing structure or utility as described in Subsection A(4)(c) above, the Town Engineer may require 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 all such structures and utilities, except where access to other properties for this purpose is denied by the owner pursuant to Subsection A(4)(b) above.
(b)
Upon review of the pre-blast inspection reports and field
visits, the Town Engineer may determine that a blasting plan is required.
(6)
Blasting plan. When determined necessary by the Town
Engineer, the applicant shall have prepared a blasting plan for the proposed
work. The blasting plan shall be prepared by a professional engineer licensed
in New York State and shall provide the following information:
(a)
A performance specification outlining the spacing, diameter
and depth of drill holes; number of 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 for
properties affected by noise, dust, traffic and blasts.
(b)
The existing condition and proposed 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 the face.
(c)
A map and photographic inventory to document the existing
condition of structures and improvements within the area potentially affected
by proposed blasting activities as determined by the Town Engineer.
(d)
A description of seismic testing to be conducted during
blasting including the location and extent of testing areas. No less than
one seismography station shall be used for each discharge.
B.
Transport of explosives. The anticipated route through
the Town for the delivery of any explosives shall utilize major and connector
roads such as state and County highways as much as possible. No permit shall
be issued until the route is approved by the Town Police Chief in consultation
with the Chief of the Fire Department.
C.
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. The certificate must guarantee 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 $1,000,000 per occurrence and $2,000,000
in the aggregate and property damage insurance of not less than $1,000,000
per occurrence and $2,000,000 in the aggregate.
(1)
Such policy shall also provide to indemnify the Town
of North Salem so that the Town shall be held 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.
(2)
Should the Town Engineer 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 specified above,
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.
D.
Bonding. A performance bond in an amount specified by
the Town Engineer, 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.
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, address and telephone number of the permittee, the date of expiration
(which shall be no later than 12 months from the date of issue), the specific
location of the blast sites and any other information that the Building Inspector
may deem necessary.
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 North Salem
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
or sudden visible damage to utilities 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 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 chapter but shall also
contain less explosive power 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 activities specified therein and shall only 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.
Any request for proposed transfer of a permit must be filed with the Building
Inspector a minimum of 30 days prior to transfer and may require full review
under this chapter as deemed necessary by the Building Inspector.
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 chapter does not eliminate the necessity of any
applicant to obtain the approval or permits required by the Town of North
Salem or 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 North
Salem 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 or, in his absence, of the
Town Supervisor.
A.
Notice sent to neighboring property owners.
(1)
Not more than 30 days nor less than five business days
prior to the intended blasting, a notice of intent to blast shall be delivered
by certified mail, return receipt requested, to the following:
(a)
The owner or owners of any parcel of property immediately
adjoining or abutting the blasting site; and
(b)
The owners and occupants of any structure, including
residential dwellings and businesses, located within 1,000 feet of the blasting
site.
(c)
The addresses of property owners shall be obtained as
per the most current information from the Tax Assessor's office.
B.
The notice of intent to blast shall include at a minimum
a legible copy of the blasting permit approved by the Building Inspector and
the date(s) and the approximate time(s) of blasting.
C.
The notice of intent to blast shall also be delivered
not more than 30 days nor less than five business days prior to blasting to
the Building Inspector, Town Engineer, Town Clerk, North Salem Fire Chief,
North Salem Police Department and the Commissioners of any North Salem Water
District which is located within 1,000 feet of the blasting site.
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 to note the interior and exterior condition of all homes, structures, utilities and facilities, including foundation walls, sidewalks, pools and the like, within a minimum distance of 1,000 feet of the blast site, except where access to other properties for this purpose is denied by the owner pursuant to the provisions of § 48-6A(4)(b) herein. The inspection and written report shall be conducted by an independent firm experienced in this type of work. Upon written request by the applicant, the Town Engineer may reduce the minimum distance required for the in-depth inspection.
B.
Should it be determined by the Town Engineer that a pre-blast
inspection report is necessary for any area not listed above but within the
proximity of the blasting, the Town Engineer 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, improvement or facility inspected, shall be
delivered to the Town Engineer. This report must be conducted and delivered
prior to issuance of a permit.
D.
The blasting contractor shall provide blast monitoring
for each blast discharge.
E.
Blast monitoring shall be performed by an independent
testing agency, acceptable to the Town Engineer, at the blasting contractor's
expense. The independent testing agency shall report to the Town Engineer
upon completion of blasting activities, or more often as deemed necessary
by the Town Engineer.
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 North Salem shall assume no responsibility
whatsoever for any costs incurred in connection with any work required under
this section.
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 chapter
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 and 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 1,000 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,
density, 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 other blasts shall have a suitable screen so as not to cause injury or
damage to persons or property.
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 North Salem 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 Town Engineer. 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 work day 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 his
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 Town Engineer. Under no circumstances
is the agreed storage location to change without written permission of the
Town Engineer.
(6)
Transport of explosives shall conform to all applicable
federal, state and County requirements.
E.
Site restoration. Following blasting activities, the
site shall be properly restored to remove debris, control surface water and
erosion and restore vegetation in accordance with an approved blasting plan,
if applicable, or in accordance with best management practices to the satisfaction
of the Town Engineer.
A.
Public utilities and governmental agencies may be granted an exception to the provisions of this chapter only by approval of the Town Board of the Town of North Salem based upon recommendation of the Town Engineer, 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 requested exception and shall include a certificate(s) of insurance as required in § 48-6A(8) of this chapter. Such request shall be accompanied by a fee in accordance with the Code of the Town of North Salem, Chapter 85, entitled "Fees." A special exception may be granted for a period not to exceed 12 months. A special exception may be renewed upon written request, payment of the fee and approval by the Town Board as required by this section.
B.
Well drillers may be granted an exception to the provisions of this chapter for the standard practice of increasing well yields by the use of explosives when drilling has proven insufficient. Such exception shall be granted only upon written notification of and approval by the Building Inspector based on the recommendation of the Town Engineer. Fees required under this exception shall be as specified in Chapter 85.
A.
The Building Inspector or his representative shall be
the official of the Town of North Salem responsible for enforcing this chapter.
The North Salem Police shall have the concurrent responsibility of assisting
the Town in enforcing this chapter.
B.
Any person found violating any provision of this chapter
or the terms and conditions of any permit granted hereunder shall be served
with written notice at the direction of the Building Inspector stating the
nature of the violation.
C.
Any person or corporation violating any of the provisions of this chapter, upon conviction thereof, shall be subject to a mandatory fine in accordance with the Code of the Town of North Salem, Chapter 85, Fees. Every violation of any provision of this chapter 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.
If any clause, sentence, paragraph, section or part of this chapter
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 thereof directly involved in the controversy in which such judgment
shall have been rendered.
If any provision of this chapter shall be in conflict with any other
local law or ordinance of the Town of North Salem or any law of the State
of New York or political subdivisions thereof, the provisions of the more
restrictive law shall apply.
This chapter shall become effective upon filing in the office of the
Secretary of the State of New York.
