[HISTORY Adopted by the Town Board of the Town of Southeast 10-15-1987 by L.L. No. 6-1987. Amendments noted where applicable.]
This chapter shall be known as the "Explosives and Blasting Law of the Town of Southeast New York."
No person shall blast or cause to be blasted any rock or other substance with any explosive in the Town of Southeast, 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.
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, accompanied by the fee as required. 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 on which the blasting is to take place, as shown on the most recent tax rolls of the Town of Southeast.
Before such a 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 and providing bodily injury coverage of not less than $500,000/$1,000,000 and property damage insurance of not less than $500,000/$1,000,000. 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.
Such permit, when approved and signed by the Building Inspector and upon payment of a fee of $150 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 six 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. If permit revocation occurs, a 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 to properly start the rock or other substances nor use such an amount as will endanger persons or property.
All blasts within 200 feet of any roadway or structure, 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. All blasts not within 200 feet of any roadway or structure shall have a suitable screen so as not 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 Southeast 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 Southeast after the hour of 5:00 p.m. and before 8:00 a.m. nor at any time on Sunday, except in the case of emergency or necessity, and then only with permission of the Building Inspector or Fire Inspector.
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:
The notice of intent to blast shall be delivered to the inhabitants or users set forth in Subsection A(1) or (2) of this section. 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. The certified letter shall be mailed to the property owner. The addresses of property owners shall be obtained from the Tax Assessor's office.
The notice of intent to blast shall also be delivered to the Town Clerk, New York State Police and Putnam County Sheriff's Department no less than 72 hours prior to blasting.
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.
Public utilities and governmental agencies may be granted an exception to the provisions of this chapter only by the Town of Southeast Building Inspector 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 request and the blasting for which such exception is requested and shall include as part of such request certificate(s) of insurance as required in § 71-2C of this chapter. Such request shall be accompanied by a fee of $250. Such special exception shall be granted for a period not to exceed 12 months and may be renewed from time to time upon written request and payment of the fee as required by this section.
Any person or corporation violating any of the provisions of this chapter, upon conviction thereof, shall be subject to a mandatory fine of $250 for each offense. Every violation of any provision of 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.
This may be enforced by the Building Inspector.