Village of Buchanan, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Buchanan 9-8-1987 by L.L. No. 5-1987 (Ch. 35 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 119.
Soil disturbances and excavations — See Ch. 159.
Zoning — See Ch. 211.

§ 143-1 Findings; intent.

A. 
The Village Board hereby finds and determines that the existence and continued operation of blasting operations at quarries and elsewhere within the Village of Buchanan has potential for adverse effects upon residents and property, not only due to the existence of heavy trucking, noise, dust and debris associated with such operations, but also there is hazard to life and property from the direct and indirect effects of blasting at quarries and elsewhere within the Village of Buchanan. Pursuant to the authority contained in Municipal Home Rule Law § 10, it is the intention of the Village of Buchanan to regulate the hours of operation and the degree of blasting that takes place at quarries and elsewhere so as to ensure that such business operations do not result in impairment of the health and safety of Village residents or unduly expose private and public property to risk of damage.
B. 
Because the dimension of nuisance is added to intrusions affecting health and safety when quarries and others engaged in blasting activities operate during hours when Village residents expect relative tranquility, the Village Board hereby asserts its right to designate acceptable hours for blasting operations and to control the degree of velocity and displacement of vibrations during those hours when blasting is authorized.

§ 143-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BLASTS and BLASTING
Includes any activity whereby layers of earth and rock are dislodged or torn apart by the use of any explosive, and includes the displacement of any vegetation, ground cover, earth or rock by the explosion or detonation of any explosive material.

§ 143-3 Hours of operation.

No blasting shall be permitted in the incorporated portion of the Village of Buchanan except between the hours of 8:00 a.m. and 7:00 p.m., excluding Saturdays, Sundays and public holidays when no blasting shall be permitted at any time.

§ 143-4 Ground and air blast standards.

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.

§ 143-5 Required records.

A. 
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 with measurements at distances indicated in § 143-4. Such person, firm or corporation shall, not less than quarterly and upon demand, provide to the Engineer of the Village of Buchanan all such records and other proof of compliance with the standards established by § 143-4. Seismograph and air pressure readings of blasts shall be taken by a person regularly or routinely employed in the processes of seismograph readings and competent to qualify as an expert witness as to the results.
B. 
Monitoring of blast.
(1) 
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 the following:
143 eqn.tif
Where:
D
=
The distance (expressed in feet) from the blast site to the closest structure or building not owned or used by the entity conducting the blast.
(2) 
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 Village upon demand.

§ 143-6 Exemption from standards.

The person, firm or corporation conducting a blast is not required to meet the standards of maximum charge per delay set forth in § 143-5B if the entity monitors the blast and meets the standards of ground vibrations and air pressure levels set forth in § 143-4.

§ 143-7 Failure to comply.

A. 
Any failure to comply with the recordkeeping requirements established by § 143-5 and any blasting which exceeds the ground blast and air blast standards established by § 143-4 shall constitute an offense punishable as provided in § 143-9.
B. 
Any failure to comply with the recordkeeping requirements of § 143-5 shall constitute a separate and distinct offense punishable as provided in § 143-9.
C. 
Any failure to comply with the permit provisions of the State of New York shall constitute an offense punishable as provided in § 143-9.
D. 
Any failure to comply with this chapter of the Village Code shall constitute an offense punishable as provided in § 143-9.

§ 143-8 Enforcement.

Enforcement of the provisions of the within chapter shall be within the jurisdiction of the Village Building Inspector and/or the Police Department of the Village of Buchanan.

§ 143-9 Penalties for offenses.

The violation of the provisions of this chapter or failure to comply therewith shall be a misdemeanor and punishable by a fine which shall not exceed $500 or imprisonment not exceeding three months, or both such fine and imprisonment; and for such offenses which are continuing offenses, each day such violation shall continue to exist shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of the prohibited conditions by any other means available to the Village Board of the Village of Buchanan. In the case of violation of any provision of this chapter by a corporation, the sentence to be imposed shall conform to the provisions of § 80.10 of the Penal Law and the fines provided for therein.