[HISTORY: Adopted 1-23-1991 by the Special Town
Meeting of the Town of Topsham, Art. 3, as Ch. 18 of the Topsham Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 91.
A.
Unregulated blasting may cause undue psychological, physical
or nuisance damage to the people and environment of the community. Blasting
is an activity essential to the economic viability of Topsham.
B.
Through the establishment of standards, notice requirements
and instrument monitoring of blasting operations it is intended to minimize
the effects of airblast overpressure, ground vibration, dust and noise associated
with blasting which may be detrimental to individuals and the community in
the enjoyment of life, property and the conduct of business.
C.
It is intended to prevent permanent damage to the geologic,
hydrogeologic and wildlife resources and ecological balance in the region,
and to have a chapter which can be effectively and efficiently administered
without causing undue financial and administrative hardship to blasting operators.
A.
This chapter is enacted pursuant to 30-A M.R.S.A. § 3001
and shall be administered by the Codes Enforcement Officer, Town Planner and
the Planning Board of the Town of Topsham.
B.
The requirements of this chapter are in addition to any
other ordinances, regulations and statutes, and where different standards
are contained elsewhere, the more restrictive standards shall apply.
C.
This chapter in no way replaces or negates the requirements
pertaining to explosives as contained in the Fire Prevention Code of the American
Insurance Association, 1970 Edition, as the same may be amended, or any rule
or regulation of any governmental agency.
As used in this chapter, the following terms shall have the meanings
indicated:
An airborne shock wave resulting from detonation of explosives. "Airblast"
may be caused by burden movement or the release of expanding gas into the
air. "Airblast" may or may not be audible.
The person, company or corporation responsible for managing and conducting
blasting operations.
Any activity entailing the use of explosives for the purpose of producing
an explosion to demolish structures or to fragment rock for mining, quarrying,
excavation and construction.
Herein defined to mean drilling and site preparation for blasting,
and detonation itself.
The unit of sound pressure commonly used to measure airblast from
explosives. The decibel scale is logarithmic.
Any substance, chemical compound or mechanical mixture that is commonly
used for the purpose of producing an explosion to fragment rock for mining,
quarrying, excavation and construction. Initiating devices (detonators, detonating
cords, etc.) are also included under this definition.
Rock that is propelled through the air or along the ground as a result
of the detonation of explosives.
A shaking of the ground caused by the blast wave emanating from a
blast.
A term used to express the frequency of ground vibrations and airblast.
One "hertz" is one cycle per second.
A measure of ground vibration. "Particle velocity" describes the
velocity at which a particle of ground vibrates when excited by a seismic
wave. It is measured in inches per second.
An instrument that measures and may supply a permanent record of
earthborn vibration induced by blasting.
A permit shall be obtained prior to any blasting with explosive devices
or materials for any purpose within the boundaries of the Town of Topsham.
A.
Applications for a permit may be obtained in the Planning
Office. Permits shall be issued by the Codes Enforcement Office. Permits for
removal of a total of 300 cubic yards or less of material per project will
be issued by the Codes Enforcement Officer following review and approval by
the Town Planner. Applications for blasting and removal of more than 300 cubic
yards of material total per project must be reviewed by the Planning Board.
For the purposes of this chapter, the "project" shall include all blasting
anticipated to be undertaken during the completion of a contract or series
of contracts, for demolition, excavation or construction, or during the anticipated
life of a quarry operation. Applications for the Planning Board shall be transmitted
to the Board for review at the next available meeting.
B.
Applications shall contain the following information:
(1)
The name of the applicant.
(2)
The name of the property owner.
(3)
The general contractor.
(4)
The locations of the proposed blasting activity.
(5)
The total number of cubic yards of material to be removed
by blasting.
(6)
An estimate of the number of blasts required to remove
the specified amount of material.
(7)
A description of the project for which the blasting is
being undertaken.
(8)
Adjacent land uses.
(9)
The location of adjacent structures and distance to those
structures.
(10)
The projected dates work is to be undertaken.
C.
Upon receipt of a completed application, the Planner and the Codes Enforcement Officer shall review and act upon the application within 10 calendar days or forward the application to the Planning Board within 10 calendar days as appropriate under § 85-4A of this chapter.
(1)
If the application is forwarded to the Planning Board,
the Board shall review and act upon the application within 30 days of transmittal
of a completed application.
D.
Public hearing. A public hearing shall be held on the
application.
(1)
All abutting property owners and/or those property owners
within 250 feet of the property line of the property for which the permit
is requested shall be notified by first class mail at least 10 days prior
to the date of the hearing. A list of names and mailing addresses shall be
provided as part of the application. Such notification shall be the responsibility
of the applicant, and evidence of such notification shall be provided to the
Planning Board.
(2)
Notification of the public hearing shall be given in
a newspaper of local publication twice, the first time being at least seven
days prior to the date of the hearing. Cost of this publication will be paid
by the applicant.
E.
Fees. All applications for blasting permits shall be accompanied by a fee and deposit as indicated in Chapter 109 of the Town Code.
[Amended 1-30-1997 STM, Art. 10; 5-20-2004
STM, Art. 16]
F.
Bond and proof of insurance.
(1)
The applicant and/or the blaster may be required to post
a bond in an amount to be determined by the Planning Board for those cases
reviewed by the Board.
(2)
The applicant and/or the blaster shall present proof
of liability insurance in a minimum amount of $1,000,000 combined single limit
per occurrence, except for agricultural purposes by an individual on his own
property using binary explosives.
G.
Effective period. Permits shall be effective for no more
than 365 days from the date of approval. For blasting operations the scope
of which exceeds one year, renewal of the permit shall be accomplished by
reapplying in accordance with the procedure for a new permit, except that
a public hearing may be held to review past compliance with the standards
contained herein and any effects on existing uses and property owners in the
vicinity of such blasting operations.
A.
Hours of detonation. Hours of detonation shall be limited to daylight hours, no earlier than 7:00 a.m. or later than 7:00 p.m. Monday through Friday inclusive, except by special exception as in § 85-11 of this chapter, excluding the following legal holidays: New Year's, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas.
B.
Water quality protection. Water is a precious resource
and measures shall be taken to protect groundwater quality. Water quality
shall be as found in the nearest nonowned well within 250 feet from the property
line or as determined by the Town Planner or Planning Board and from post-blast
testing results. Post-blast testing shall be done no sooner than 24 hours
or no later than 48 hours following a blast. Turbidity in wells tested shall
be no greater than that which existed prior to the blasting as established
in the preblast survey if such survey has been completed.
C.
Ground vibration.
(1)
Peak particle velocity limits (inches per second) not
to be exceeded at any time:
[Amended 1-30-1997 STM, Art. 10]
(2)
Ground vibration shall be measured as particle velocity.
Particle velocity shall be recorded in three mutually perpendicular directions.
The maximum allowable peak particle velocity shall apply to each of the three
measurements.
[Amended 5-20-1998 STM, Art. 29]
(3)
A seismographic record shall be provided for each blast
as required by the Codes Enforcement Officer, Town Planner and/or the Town
of Topsham Planning Board. The applicant shall be responsible for such record
and for providing proper instrumentation as specified in this chapter. Personnel
conducting such monitoring shall be properly trained in the operation of the
equipment being used.
[Amended 1-30-1997 STM, Art. 10]
D.
Airblast overpressure.
[Amended 1-30-1997 STM, Art. 10]
(1)
Level not to be exceeded at any time: 133 peak dB (linear)
two Hertz high-pass system.
E.
The requirements established herein apply to any property
of concern as determined by the Town Planner or Planning Board but no closer
than the property line of property under the control, through ownership or
lease or other contractual arrangement, or persons having blasting operations
performed.
[Added 1-30-1997 STM, Art. 10[1]]
[1]
Editor's Note: This article also provided for the relettering
of former Subsection E as Subsection F.
F.
The applicant shall also comply with all standards and
conditions contained in other permits issued for such projects and local,
state and federal statutes and regulations. The requirements established herein
shall be measured at the property line of the applicant or at the closest
building(s) on abutting properties as determined by the Code Enforcement Officer,
Town Planner and/or Planning Board.
[Amended 5-21-1997 STM, Art. 23]
A.
All blasting operations greater than 300 total cubic
yards shall have notice of such blasting published in a newspaper of local
publication and mailed by first class mail to all property owners within 250
feet of the blasting property 10 days prior to the intended date of the commencement
of blasting. Notice shall include the description of the blasting signals
to be used during the operation and an address and telephone number where
property owners may request further information and notification. Any property
owner requesting further notification shall do so in writing to the person
conducting the blasting operation.
[Amended 1-30-1997 STM, Art. 10]
B.
Any person intending to detonate explosives shall first
notify the Codes Enforcement Officer or his duly authorized representative
that a blast is planned. Such notification shall be received at least 24 hours
prior to the planned detonation and shall give the time (within two hours),
location where the blasting is to be done, the amount of explosives to be
used and the name and business address of the person responsible for the blasting
operation. Additional notification shall be received at least one hour prior
to the planned detonation and shall give the time (within 30 minutes). The
notification may be given orally over the telephone; however, the burden of
proof as to whether the notification was in fact received rests with the person
responsible for the blasting operation.
[Amended 5-21-1997 STM, Art. 24]
(1)
Prior to any blast, the person responsible for the blast
shall inform all property owners, who have requested in writing to be so informed,
of the impending blast. Such notification shall be given by telephone 24 hours
prior to the blast stating the time of the blast one hour. The burden of proof
as to whether the notification was in fact received rests with the person
responsible for the blasting operation.
(2)
Notification requirements for blasting operations of
less than 300 total cubic yards shall be determined by the Town Planner.
All seismographs used for compliance with this chapter shall meet the
following minimum specifications:
A.
Seismic frequency range: two to 200 Hz (±three±
Hz).
B.
Acoustic frequency range: two to 200 Hz (±one±
db).
C.
Velocity range: 0.02 to 4.0 inches per second.
D.
Sound range: 110 to 140 dB linear.
E.
Transducers: three mutually perpendicular axes.
F.
Recording: provide time-history of waveform.
G.
Calibration: be laboratory calibrated as often as necessary,
but at least once every 12 months according to manufacturer's recommendations.
The Codes Enforcement Officer or his authorized representative may conduct tests and observe any authorized blasting operations, and may also order that additional ground vibration and airblast overpressure measurements using approved instrumentation be made by persons responsible for blasting operations to ensure that the limits specified in § 85-5 are not exceeded.
Persons responsible for blast operations shall maintain a record of
each blast. All records shall be retained at least three years following cessation
of the blasting operation, and shall be available for inspection by the Codes
Enforcement Officer and shall contain the following minimum data:
A.
The name of person responsible for the blasting operation.
B.
The location, date and time of blast.
C.
The names of blaster in charge.
D.
The type of material blasted.
E.
The number of holes, burden and spacing.
F.
The diameter and depth of holes.
G.
The types of explosives used.
H.
The amount of explosives used.
I.
The maximum amount of explosives per delay period of
eight milliseconds or greater.
J.
The maximum number of holes per delay period of eight
milliseconds or greater.
K.
The method of firing and type of circuit.
L.
The weather conditions (including such factors as wind
direction, cloud cover, etc.).
M.
The height or length of stemming.
N.
If mats or other protections were used.
O.
The type of detonators used and delay periods used.
P.
Seismograph and airblast readings when measured and from
where measured.
A.
For blasting operations existing at the time of adoption
of this chapter where this chapter is more restrictive, a grace period of
six months will be granted wherein such operations will be "grandfathered"
in order to bring existing operations in line with this chapter. Six months
after the adoption of this chapter all preexisting blasting operations shall
also be brought under the provisions of this chapter.
B.
A complete review of all activities under this chapter
shall be undertaken by the Codes Enforcement Officer and the Town Planner
12 months after adoption of this chapter to determine if the levels are adequate
and reasonable to achieve the purpose for which this chapter is intended.
The results of this review shall be reported to the Chairman of the Board
of Selectmen of the Town of Topsham and the Chairman of the Planning Board
of the Town of Topsham.
Applications for a permit for exception from the performance standards
designated in this chapter may, on the basis of hardship, be made to the Codes
Enforcement Officer. Any permit granted hereunder shall contain all conditions
upon which said permit has been granted and shall specify a reasonable time
that the permit shall be effective.
A.
The Codes Enforcement Officer may grant the exception
as applied for only if:
(1)
The activity or operation will be of a temporary duration,
i.e., a limited number of blasts at a specific site, and cannot be done in
a manner that would comply with this chapter;
(2)
No other reasonable alternative is available to the applicants;
and
(3)
The applicants represent, and the Codes Enforcement Officer
finds, that blasting as permitted will not violate recognized safety standards.
B.
Upon the issuance of any exception permit, the Codes
Enforcement Officer may prescribe any reasonable conditions or requirements
he deems necessary to minimize adverse effects upon the community.
The submission of false information required by this chapter or the
violation of this chapter or the violation of any condition attached to a
permit granted under this chapter shall constitute a land use violation and
be penalized in accordance with 30-A M.R.S.A. § 4452.
If any provision of this chapter is declared unconstitutional or held
invalid, it shall not affect any other section, clause or provision thereof,
but the same shall remain in full force and effect.
