[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."
A.
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.
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, 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.
C.
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 $1,000,000/$2,000,000 and property damage insurance of not
less than $1,000,000/$2,000,000. 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.
[Amended 7-11-2019 by L.L. No. 5-2019]
A.
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.
B.
The
Building Inspector 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.
[Amended 7-11-2019 by L.L. No. 5-2019]
C.
Stop-work orders.
[Added 7-11-2019 by L.L.
No. 5-2019]
(1)
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.
(2)
No blasting shall be conducted in the Town of Southeast 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 stay
or lifting of a stop-work order, notwithstanding any provision of
law.
(3)
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.
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.
[Amended 7-11-2019 by L.L. No. 5-2019]
No person shall conduct blasting operations
within the Town of Southeast after the hour of 5:00 p.m. and before
the hour of 8:00 a.m. nor at any time on Saturday, Sunday or legal
holiday, except in the case of emergency or special necessity, and
then only with permission of the Building Inspector or Fire Inspector,
in each case first obtained.
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:
[Amended 7-11-2019 by L.L. No. 5-2019]
B.
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.
C.
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.
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.
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.
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 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.
B.
This may be enforced by the Building Inspector.
As used in this chapter, the following terms
shall have the meanings indicated:
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,
benzene, 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.
[Added 7-11-2019 by L.L.
No. 5-2019]
Includes a written notice setting forth the location and approximate date or dates when blasting will occur. (See § 71-8A.)
Includes an individual, corporation, association, firm or
partnership.
