[HISTORY: Adopted by the Board of Trustees
of the Village of Brewster 11-18-1987 by L.L. No. 2-1987 (Ch. 81 of the 1992
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 103.
A.
No person shall blast or cause to be blasted any rock
or other substance with any explosive in the Village of Brewster,
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 for the Village of Brewster.
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 $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 Village 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 cancelled, terminated, modified or changed by the company unless
30 days' prior written notice is sent to the Village by certified
mail. No permit shall be valid unless such insurance is in full force
and effect.
[Amended 3-4-2009 by L.L. No. 1-2009]
Such permit, when approved and signed by the
Building Inspector and upon payment of a fee to the Building Inspector
as set forth in the Village fee schedule set from time to time by
resolution of the Village of Brewster Board of Trustees, 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 Village of Brewster Board of Trustees may revoke any permit
issued hereunder at any time for good cause shown. If permit revocation
occurs, a hearing shall be conducted by the Village of Brewster Board
of Trustees 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 or use such an amount as will endanger
persons or property.
All blasts, before firing, shall be covered
with metal rope or metal matting, heavy timers 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.
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 Village of Brewster 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 Village of Brewster after the hour of 4:00 p.m. and before
8:00 a.m. nor at any time on Sunday, except in the case of emergency
and then only with permission of the Building Inspector or Fire Inspector.
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:
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 Village Clerk, Brewster Police Department, New York State Police
and Putnam County Sheriff's Department no less than 72 hours prior
to blasting.
[Amended 3-4-2009 by L.L. No. 1-2009]
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.
[Amended 3-4-2009 by L.L. No. 1-2009]
Public utilities and governmental agencies may be granted an exception to the provisions of this chapter only by the Village of Brewster 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 § 117-1C. Such request shall be accompanied by a fee as set forth in the Village fee schedule set from time to time by resolution of the Village of Brewster Board of Trustees. 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.
[Amended 5-20-1992 by L.L. No. 1-1992]
Any person committing an offense against any
of the provisions of this chapter shall be guilty of a violation and,
upon conviction thereof, shall be punishable for each offense by a
penalty of not more than $250 or by imprisonment for not more than
15 days, or both.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes a written notice setting forth the location and approximate date or dates when blasting will occur. (See § 117-7A.)
Includes an individual, corporation, association, firm or
partnership.
[Added 3-4-2009 by L.L. No. 1-2009]
This chapter shall be enforced by any official authorized to issue and serve appearance tickets under Chapter 4, Appearance Tickets, of the Code of the Village of Brewster or the laws of the State of New York.
