Village of Haverstraw, NY Chapter 128 Explosives

[HISTORY: Adopted by the Board of Trustees of the Village of Haverstraw 1-18-1994 by L.L. No. 1-1994. Amendments noted where applicable.]

GENERAL REFERENCES

Fees — See Ch. 132.

§ 128-1 Blasting permit.

No person shall blast or cause to be blasted any rock or any other substance with powder, dynamite or any other form of explosive without receiving a blasting permit from the Village of Haverstraw. The permit shall be issued by the Village Clerk after receiving written approval from the Code Enforcement Officer and the Village Engineer.

§ 128-2 Application requirements.

In order to obtain a permit to conduct any blasting, the applicant shall submit the name of the property owner at whose property the blasting will take place, the address, the phone number and the signature of the property owner or their agent. The following requirements must be met in order for a permit to be considered:

A. A fee paid as set forth by the village schedule of fees.[1]

[Amended 1-18-1994 by L.L. No. 1-1994; 1-18-1994 by L.L. No. 2-1994; 8-11-1997 by L.L. No. 4-1997]

[1] Editor's Note: See Ch. 132, Fees.

B. The applicant shall have a valid and current New York State blasters license in conformance with the Labor Law of the State of New York.

C. The licensed blaster must submit a letter stating that they will be on site during any and all blasting operations.

D. The applicant shall submit a proposed schedule of blasting, including the exact hours and days, the exact location of the blast site to be depicted on a map drawn to scale and the size of the charges intended to be detonated.

E. The applicant shall submit a liability insurance policy explicitly for blasting naming the Village of Haverstraw as an additional insured, for a minimum of $5,000,000 for personal injury and $3,000,000 for property damage. Said insurance policy shall be issued by a casualty insurance company licensed to do business by the New York State Department of Insurance.

F. The applicant shall provide a written report prepared by an independent firm such as a licensed realtor, or New York State licensed engineer of the areas within a six-hundred-foot radius of the blasting site, including a preblasting survey of existing conditions, including a minimum of 12 glossy photographs of the surrounding area, eight inches by 10 inches.

G. The applicant shall demonstrate via a written report to the satisfaction of the Village Engineer that blasting is the only feasible method to be used.

H. The applicant shall submit a written report demonstrating that blasting can occur in the village without danger, detriment or inconvenience to village residents.

I. The applicant shall provide public notice, a minimum of 14 days before the blasting shall take place, of the intended blasting, and that notice shall be provided in the following matter.

(1) An advertisement in the village's authorized legal newspaper.

(2) Certified mailing to all property owners within a six-hundred-foot radius of the location of the blast site.

(3) Four public postings, with the size and location of the posters to be determined by the Code Enforcement Officer, the signs to be a minimum of 12 inches by 24 inches in size.

J. A traffic control plan shall be submitted for approval by the Village Engineer and/or the Code Enforcement Officer.

§ 128-3 Issuance of blasting permit.

Upon the satisfactory completion of all of the application requirements, the Village Clerk shall issue a blasting permit specifying the conditions and the specific time period within which the blasting may take place, not to exceed 45 days from the issuance of the permit.

§ 128-4 Conducting of blasting operations.

A. Seismographic readings shall be taken for each blast on a properly calibrated instrument by a competent operator. A contemporaneous log of all blasts must be maintained. Maximum seismographic standard is to be measured as peak particle velocity-0.75 inches per second for frequencies less than 40 hertz.

B. The Code Enforcement Officer or the Village Engineer shall inspect the blast site prior to blasting occurring.

C. No explosives are to be stored on the site overnight.

§ 128-5 Revocation of permit.

Upon the failure to comply with the terms and conditions of the application or the permit, the Village Engineer and/or the Code Enforcement Officer shall have the right to immediately revoke the permit and the applicant shall have the right to reapply for a new permit.

§ 128-6 Penalties for offenses.

[Amended 8-11-1997 by L.L. No. 4-1997]

Any person who conducts any blasting operation without obtaining a proper permit or violates the terms of an issued permit from the Village of Haverstraw shall be subject to fine of up to $5,000 per blast and a period of incarceration not to exceed 60 days, or both.