[HISTORY: Adopted by the Board of Trustees of the Village
of Monticello 5-23-2005 by L.L.
No. 3-2005. Amendments noted where applicable.]
This chapter shall be known as the "Regulations for the Transportation,
Storage and Use of Explosives within the Village of Monticello."
A.
The Board of Trustees of the Village of Monticello recognizes the
need to provide regulations for the transportation, storage and use
of explosives in the Village of Monticello to provide for the health,
safety, and welfare of its residents, the protection of private and
public properties and the environment.
B.
Blasting operations shall not be conducted within the Village of
Monticello 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 of the Village to limit blasting
within the Village 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 the Village Engineer and/or their respective designees.
In the event that either the Village 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 Village.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any activity whereby layers of earth and/or rock
are dislodged or torn apart by the use of any explosives and includes
displacement of any vegetation, ground cover, earth or rock by the
explosion or detonation of explosive material.
Gunpowder, powders used for blasting, high explosives, blasting
materials, detonating fuses, detonators, agents, smokeless powders,
any chemical compound or mechanical mixture containing oxidizing and
combustible units, or other ingredients in such quantities or packing
that ignition by fire, friction, concussion, percussion or detonation
of any part thereof may and is intended to cause an explosion. This
does not include gasoline, kerosene, naphtha, turpentine, benzene,
acetone, ethyl ether, benzol and quantities of black powder not exceeding
five pounds for the use in firing antique firearms or artifacts or
replicas thereof. Fixed ammunition and primers for small arms, safety
fuses and matches shall not be deemed to be explosive 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 that could cause injury to life,
limb or property.
Any building or other structure, other than an explosive's
factory, used to store explosives.
Includes any natural person, partnership, association or
corporation.
No blasting shall be permitted in the Village of Monticello
except between the hours of 10:00 a.m. and 3:00 p.m., excluding Saturdays,
Sundays and public holidays when no blasting shall be permitted at
any time.
It shall be a violation of this chapter for any person to possess,
use or store explosives in any location within the Village of Monticello
without first filing an application with and obtaining a permit from
the Building Inspector of the Village of Monticello. This permit shall
not be transferable and may only be used for the specific location
and times specified on the permit.
A.
Application. The application for any blasting permit required by
this chapter shall include the following items:
(1)
A site plan, including the following information:
(a)
The area proposed to be disturbed and its relation to neighboring
properties, together with buildings, roads, underground utilities,
and natural watercourses, if any, within 1,000 feet of the boundaries
of the said area. An inset map at a reduced scale may be used, if
necessary and helpful.
(b)
The area that is to be disturbed by the proposed blasting. The
precise location of the explosives to be detonated.
(c)
The applicant shall, at his or her expense, prepare a map and
report with photographs of all structures within 750 feet of the proposed
blasting site, so long as access is granted by the owner thereof,
by a person or firm routinely providing real estate inspection service.
This map and report 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 within 750 feet
of the proposed blasting site is serviced by well water, sampling
and inspection of all such wells will be provided and results kept
for follow-up. Sampling shall include one bacteriological analysis
on each well. Inspection shall include a measurement of the static
water level in each well where accessible without pulling the existing
pump and piping. Such map and report may be used in support of a permit
application for a period of one year within which the report was prepared
for a particular piece of property.
(d)
The location of any sewage disposal system, any part of which
is within 750 feet of the proposed disturbed area.
(e)
The rehabilitation or restoration proposed.
(2)
The name, address, and telephone number of the person in charge of
the proposed blasting operations.
(3)
Evidence that such person is duly licensed to conduct blasting operations.
(4)
A description of the blasting procedure to be used, including type
and amount of explosive charge.
B.
Required certificate of insurance. The Building Inspector, pursuant
to this chapter, shall issue no blasting permit until the applicant
shall have filed a certificate of insurance with the Village, which
shall comply with the following requirements:
(1)
The insurance carrier for the blasting contractor shall be an A-rated
company licensed to do business in the State of New York.
(2)
The certificate of insurance shall name the Village of Monticello
as an additional named insured with all rights and privileges of the
policy contract without the responsibility to pay premiums.
(3)
The blasting contractor shall maintain products liability and completed
operations liability coverage for a minimum of two years after completion
of blasting operations.
(4)
The certificate of insurance shall show premises operations liability
and completed operations liability coverages, with limits of liability
for bodily injury or property damage of at least $5,000,000 or such
lesser amount as the Building Inspector may accept after taking into
consideration the type and extent of proposed blasting activities,
and shall specify that explosion, collapse, and underground hazards
are included in such coverages.
(5)
The certificate of insurance shall indicate the following cancellation
clause: "The coverage afforded under the policies will not be canceled
or allowed to expire unless 30 days' written notice is given
to the addressee of this certificate."
C.
Required indemnification agreement. No blasting permit shall be issued
by the Building Inspector pursuant to this chapter until the applicant
shall have filed an executed indemnification agreement with the Village
of Monticello, which shall provide as follows: "The Contractor shall
indemnify and hold harmless the Village of Monticello and its agents
and employees from and against all claims, damages, losses, and expenses,
including attorneys' fees, arising out of or resulting from the
performance of the blasting work, provided that any such claim, damage,
loss or expense a) is attributable to bodily injury, sickness, disease,
or death, or to injury to or destruction of tangible property (other
than the blasting work itself), including the loss of use resulting
therefrom, and b) is caused in whole or in part by any act or omission
of the Contractor, any subcontractor, anyone directly or indirectly
employed by any of them, or anyone for whose acts employed by any
of them, or anyone for whose acts any of them may be liable, regardless
of whether or not it is caused in part by a party indemnified hereunder."
D.
Required notice. Whenever a blasting permit shall be issued pursuant
to this chapter, written notice shall be given by the applicant to
property owners at their respective addresses as shown on the latest
assessment roll of the Town of Thompson as to all improved properties
within an area designated by the Building Inspector. Said area shall
include all properties which the Building Inspector shall determine
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, and regular
mail, at least 10 calendar days before the proposed commencement of
blasting, and shall be placed at each property in a conspicuous place
at least three days before 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. The permit holder shall
supply the Building Inspector with an affidavit detailing the properties
located within 750 feet of said blasting and the date, time and method
of service upon all such properties.
E.
Village Engineer review and report.
(1)
The Building Inspector shall refer each application to the Village
Engineer for review and report, in accordance with the standards and
requirements of this chapter, at the applicant's expense.
(2)
The Village Engineer shall review each application and report to
the Building Inspector as to whether or not the proposed blasting
operation poses a danger to persons or property in the vicinity of
the area proposed to be disturbed, and whether the measures proposed
to protect persons and property from such danger are sufficient.
F.
Safety precautions. All blasts, before firing, shall be covered with
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
to persons or property.
G.
Approval or disapproval. The Building Inspector shall approve or
disapprove the application for a blasting permit within 20 days of
the receipt of a complete application.
An application for a permit shall be made on forms provided
by the Building Inspector and shall be accompanied by the following:
A.
Application.
(1)
A New York State explosive handler's license, blaster's
license and, where applicable, a New York State magazine license.
(2)
A certificate of insurance evidencing proofs of a valid insurance
policy for liability and damage insurance in an amount not less than
$5,000,000. The insurance shall include the name of the insurance
company, the amount of coverage, the name and address of the insured,
and the name and address of the agent or broker through whom it was
placed and can attest to such coverage. The policy shall include the
Village of Monticello as additional named insured.
(3)
Long form EAF (environmental assessment form).
B.
Application fees; permit extension fees.
(1)
The fee of $500 for the permit and $1,500 refundable escrow returnable
upon completion and removal of all blasting materials. Written notification
of removal of all explosives shall be supplied to the Building Inspector
prior to the release of escrow.
(2)
The permit shall expire 30 days from date of issue. The Building
Inspector may extend the permit for thirty-day periods upon request
by the applicant and the payment of $500 for each thirty-day extension.
D.
Preblasting and postblasting surveys.
(1)
Prior to any blasting, a condition survey should be undertaken for
all buildings and utilities within 400 feet of the construction activity,
and it should include all historic buildings and structures. This
survey should document the existing exterior and interior conditions
of these buildings. Written documentation should be sent to any owner
who withholds permission for conducting the condition survey. The
condition survey should typically include engineering notes and photographs
or video records taken by specialty photographers. The report should
also summarize the condition of each building and define areas of
concern. Reports of the condition surveys should be made available
to the owner for his review prior to the start of any construction
or demolition activity.
(2)
A record search of all production wells in the vicinity of the site
should be performed. Static groundwater measurements should be made
in these walls before and after the completion of blasting operations.
(3)
Line and grade surveys should be performed by a licensed surveyor
of all existing structures within an area of 150 feet where close-in
blasting is required as these structures are most susceptible to permanent
displacements from the blasting. The reference points should be established
at least 750 feet from the blast site. The survey accuracy should
be within 0.005 feet. Existing cracks on buildings within a radius
of 150 feet should be monitored using crack monitoring gauges.
(4)
Three weeks prior to commencing the test blast program and any time
the contractor proposes to change the drilling and blasting methods,
he should submit an implementation plan to the project design engineer
for review and recordkeeping purposes.
(5)
The blasting operations should be controlled using the frequency-based
peak particle velocity, measured using instruments that provide particle
velocity waveform in conjunction with the peak event waveform. At
least two blast monitors, each with two or three geophones, should
be used for blast monitoring, as approved by the project design engineer.
(6)
Prior to commencing full-scale controlled blasting operations, the
contractor should demonstrate the adequacy of the proposed implementation
plan by drilling, blasting, and excavating short test sections.
(7)
When blasting near adjacent structures, utilities, groundwater wells
and property lines, production blasting should start as far as possible
from the existing facilities, so that blast vibrations and bedrock
geology can be evaluated as blasting approaches the existing features.
(8)
Postblast surveys of the buildings and/or structures surrounding
the site should be made in the event that the owners or residents
make a specific blast-related damage claim. The contractor and the
project design engineer should conduct these surveys.
(9)
The postblast survey will be based on the particular damage claim
and will serve simply to confirm or deny the validity of the damage
claim. The complaint damage itself should be inspected, documented,
and photographed, if necessary, in order to make comparison reference
to the original preblast survey. The postblast survey should distinguish
between different types of cracking in structures, including cosmetic
cracking and structural cracking.
All purchase, possession, transportation and use of explosives
shall be conducted under the direct control and supervision of a person
duly licensed by the State of New York pursuant to § 458
(12 NYCRR Part 39) of the Labor Law of the State of New York.
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.
The invalidity of any section, clause, sentence or provision
of this chapter shall not affect the validity of any part of this
chapter which can be given effect without such invalid part or parts.
