[HISTORY: Adopted by the Board of Trustees of the Village of Piermont
9-8-1998 by L.L. No. 6-1998. Amendments noted where applicable.]
This chapter shall be known as the "Explosives and Blasting Law of the
Village of Piermont, New York."
A.
No person shall blast or cause to be blasted any rock
or other substance with any explosive in the Village of Piermont, as defined
in this chapter, without having made written application and obtained a permit
from the Fire Inspector covering the specific blasting operation. 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 Fire Inspector and contain such information as is required
by the Fire Inspector, including details of blasting, blasting techniques
and safety procedures, and shall be 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 Village of Piermont.
The applicant shall conduct a pre-blasting inspection of all buildings and
structures, both interior and exterior, within 300 feet and shall submit a
report to the Fire Inspector prior to the issuance of a permit.
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 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.
A.
Such permit, when approved and signed by the Building
Inspector and upon payment of a fee of $300 to the Building Inspector or such
other fee as may be fixed from time to time by the Village 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 Village 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 Village 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 Village of Piermont
unless competent persons carrying red flags 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 Piermont
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.
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 Village Clerk's office.
C.
The notice of intent to blast shall also be delivered
to the Village Clerk and the Village of Piermont Police 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 Fire Inspector of the Village of Piermont 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 § 100-2C of this chapter. Such request shall be accompanied by a fee of $500. 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.
This chapter shall be enforced by the Fire Inspector.
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 § 100-8A.)
Includes an individual, corporation, association, firm or partnership.
