[HISTORY: Adopted by the Town Board of the
Town of Stony Point 11-10-1986 by L.L. No. 1-1986; amended in its
entirety 4-14-1992 by L.L. No. 1-1992. Amendments noted where applicable.]
The Town Board of the Town of Stony Point takes
recognition of requests by residents of the Town of Stony Point to
impose regulations on the discharge of explosives within the town
so as to promote the peace, good order and safety of the community.
No blasting operations shall be conducted within the Town of Stony
Point when the purpose and/or effect of such proposed blasting may
be accomplished by some other feasible means available to the applicant,
it being the intention hereof to limit the blasting within the Town
of Stony Point to those activities or purposes which cannot be accomplished
by the applicant by any other practical means other than that of actual
blasting. The unavailability of alternative feasible means shall be
determined by the unanimous decision of the Building Inspector and
Town Engineer and/or their respective designees. In the event that
either the Town Engineer or Building Inspector determines that there
is any alternative feasible means, no blasting permit shall be issued.
The provisions of this chapter shall not apply to the detonation of
explosives associated with the installation of utility poles within
the Town of Stony Point.
This chapter is adopted pursuant to Article
2, § 10, of the Municipal Home Rule Law of the State of
New York; Article 16 of the Labor Law of the State of New York, specifically
§ 464-a; and Title 12, Part 39, Chapter 16, of the New York
Code of Rules and Regulations.
As used in this chapter, the following terms
shall have the meanings indicated:
Gunpowder, powders used for blasting, high explosives, blasting
materials, detonating fuses, 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, but shall not include gasoline,
kerosene, naphtha, turpentine, benzine, 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.
The provisions of Article 16 of the Labor Law
of the State of New York, as well as Industrial Code Rules contained
in 12 NYCRR 39, are recognized as applicable to the possession, handling,
storage and transportation of explosives within the jurisdiction of
the Town of Stony Point and shall be complied with by all blasters.
A.
No person, firm or corporation shall detonate explosives
within the Town of Stony Point unless they are licensed pursuant to
§ 458 of the Labor Law of the State of New York and, in
addition to such licensing, have obtained a permit for such blasting
from the Town of Stony Point pursuant to this section.
B.
No person shall use in a blasting operation a quantity of explosives greater than necessary to properly shatter the rock or other substances or use such an amount as will endanger persons or property as determined by the procedure for determining feasibility of alternative means set forth in § 73-1 hereof.
C.
The applicant shall, at his or her expense, have a survey with photographs done of all structures within the notification area as set forth in § 73-7 hereof, so long as access is granted by the owner thereof, by a person or firm routinely providing real estate inspection services. This survey shall indicate the physical condition of such structures prior to the blast sufficient to determine after-blast residual damage. In cases where the surrounding area is serviced by well water, sampling and inspection of all such wells will be provided and results kept for follow-up. Such surveys shall be permissible for use in support of a permit application for a period of one year within which the survey was taken of a particular piece of property.
D.
Any person, firm or corporation intending to detonate
explosives within the Town of Stony Point shall, prior to such detonation,
apply for a permit to detonate such explosives from the Building Department
of the Town of Stony Point. Such person, firm or corporation shall
supply the Building Department with the following information:
(1)
The name of the owner of the property upon which the
detonation of explosives is intended to occur.
(2)
The business address of the person, firm or corporation
proposing to detonate explosives on the subject property.
(3)
Evidence of the fact that the person, firm or corporation
intending to detonate explosives is duly licensed pursuant to § 458
of the Labor Law of the State of New York.
(4)
The precise location of the intended detonation of
explosives, as well as the size charges intended to be detonated and
the proposed schedule for detonation of explosives.
(5)
Evidence that the person, firm or corporation intending
to detonate explosives has sufficient financial security or insurance
coverage to provide payment for damages to any person suffering damages
by virtue of the detonation of the explosives.
E.
Upon the submission of the foregoing information to
the Building Department, on a form to be supplied by the Building
Department, and an application fee as set forth from time to time
by resolution of the Town Board,[1] the Building Inspector may issue a permit for blasting
to the applicant if the Building Inspector finds that the applicant
is in compliance with this chapter and all applicable laws of the
State of New York with respect to blasting. Such permit shall be valid
for a period of 45 calendar days.
No blasting shall take place on Saturday or
Sunday or when the Town Hall is closed.
Whenever blasting shall be permitted under the
provisions of the Town Code, written notice, as approved by the Town
Engineer and/or Town Building Inspector, shall be given to property
owners and holders of easements at their addresses as shown on the
latest assessment roll of the Town of Stony Point and to all improved
properties within an area designated by the Building Inspector. Said
area shall include all properties and all easements within a six-hundred-foot
radius from the location of each blast or which the Building Inspector
shall find may be substantially affected by the proposed blasting.
Said notice shall state the date on which blasting is proposed to
commence and the estimated date when blasting will be completed. Said
notice shall be mailed by certified mail, return receipt requested,
at least 14 calendar days before the proposed commencement of blasting,
and signs shall be placed stating the date and approximate time of
each proposed blast, and of a size determined adequate by the Building
Inspector, at the nearest street intersection or intersections providing
access to all properties within 600 feet of the blast site at least
24 hours before the commencement of blasting. An affidavit of mailing
or delivery of the notice, designating the name and address of each
property owner notified, shall be filed with the Building Inspector
before commencement of blasting. Failure to furnish evidence of such
notice shall be grounds for revoking a permit for blasting.
The applicant for a permit for blasting shall
submit with his application a certificate of insurance evidencing
the issuance in full force and effect of comprehensive public liability
insurance for all property damage or personal injury caused by blasting
operations. Said insurance shall have limits of liability in amounts
determined to be adequate by the Building Inspector, but not less
than $1,000,000 for personal injury and $500,000 for property damage
and shall be issued by a casualty insurance company authorized to
do business in the State of New York. Said certificate shall provide
for 10 days' written notice to the Town of Stony Point as to any termination
of said insurance. Receipt of such notice of termination shall be
grounds to revoke a permit for blasting.
No detonation of explosives shall be permitted
within the Town of Stony Point except between the hours of 9:00 a.m.
and 4:00 p.m. on any day on which blasting is otherwise permitted.
The Building Inspector and/or the Town Engineer
of the Town of Stony Point or their duly authorized representatives
have the authority to supervise blasting operations, when such supervision
is in their discretion or deemed necessary, and to inspect the storage,
handling and size of the charges intended to be detonated. The Building
Inspector and/or the Town Engineer of the Town of Stony Point shall
also have the authority to inspect blasting sites to ensure that the
provisions of all applicable laws of the State of New York, rules
and regulations of the State of New York and this chapter are being
complied with. The Building Inspector shall have authority to issue
appearance tickets to compel the appearance in court of any person,
firm or corporation found to be in violation of any applicable state
law or regulation or this chapter. The Building Inspector and/or the
Town Engineer shall also have the authority to revoke a permit when,
in his sole discretion, the safety or welfare of persons or property
is jeopardized.
Every applicant pursuant to this chapter as
well as the owner of the property upon which the applicant intends
to detonate explosives is deemed to consent to the presence of the
Building Inspector and/or the Town Engineer and/or the Town Fire Inspector
or their designees on the blasting site for the purpose of inspecting
the handling, storage and detonation of explosives.
[Amended 4-26-2022 by L.L. No. 2-2022]
Any person, firm or corporation violating any
of the provisions of this chapter or failing to comply therewith shall
be guilty of an unclassified misdemeanor and, upon conviction, shall
be punished by imprisonment for a term of not more than one year or
by a fine of not more than $10,000, or by both such fine and imprisonment.
Each violation of any provision of this chapter shall be a separate
and distinct offense and, in case of continuing violation, each day
such violation shall be permitted to exist shall constitute, a separate
offense. Additionally, such person, firm or corporation shall be subject
to a two-year suspension of his or its privilege to obtain a blasting
permit, from the Town of Stony Point.
A.
The issuance of any permit hereunder shall in no manner
be construed as an approval of, waiver of or compliance with any additional
requirements of the State of New York, the Department of Labor or
any other agency authorized to supervise the detonation of explosives.
Steel-mesh blankets or similar protective devices shall be used.
B.
Seismograph and air-pressure readings of blasts shall
be taken by a person regularly or routinely employed in the process
of seismograph readings and competent to qualify as an expert witness
as to the results.
C.
The person, firm or corporation conducting the blast
is not required to monitor a blast if such blast is designed such
that the maximum charge per delay (expressed in pounds) does not exceed
(D/60) x (D/60) where D (expressed in feet) is the distance from the
blast site to the closest structure or building not owned or used
by the entity conducting the blast. A contemporaneous log of all such
blasts must be maintained and proof of compliance with the standard
of maximum charge per delay shall be furnished to the town upon demand.
D.
Ground blast and air blast standards are as follows:
During the hours when blasting is permitted, peak particle velocity
and overpressure produced by any blast at a distance measured by the
distance from the blast to the closest structure or building not owned
or used by the entity conducting the blast shall not exceed 0.75 inch
per second for frequencies less than 40 hertz (Hz) or 2.0 inches per
second for frequencies of 40 hertz or more. In addition, air-pressure
levels emanating from such blasts shall not exceed 131 decibels (dB)
for a high-pass filter of 0.1 hertz or 128 decibels for a high-pass
filter of two hertz or 125 decibels for a high-pass filter of six
hertz.
E.
It shall be the responsibility of any person, firm
or organization which engages in blasting to maintain verified records
of the place, date, time and amount of the charge set for each blast
and also to monitor and maintain a permanent record of all blasts.
Such person, firm or corporation shall, not less than quarterly and
upon demand, provide to the Building Inspector of the Town of Stony
Point all such records.
