[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.]
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.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
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.
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:
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Where:
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D
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=
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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.
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(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.
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.
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.
