[HISTORY: Adopted by the Orangetown Town Board 5-18-1998 by L.L. No. 3-1998. Amendments noted where applicable.]
Building construction and fire prevention — See Ch. 5.
Demolition of buildings — See Ch. 8.
Land development regulations — See Ch. 21.
Noise — See Ch. 22.
Road excavations, driveways and heavy hauling — See Ch. 27.
Zoning — See Ch. 43.
Editor's Note: This local law also repealed former Ch. 13, Explosives, adopted 11-8-1954, as amended.
This chapter shall be known as the "Explosives and Blasting Code of the Town of Orangetown, New York."
Whereas the Town Board of the Town of Orangetown, finding that the effects of blasting can be, if not properly controlled, detrimental to the health, safety and well-being of the residents of the Town and that the critical environmental area in the Town requires special protection from the effects of blasting, hereby adopts this local law providing for the regulation of explosives and blasting. Furthermore, as expert geologic testimony cannot assure the community that blasting will have no negative impact on the Palisades Cliff face, it is the sentiment of the Town Board that blasting is the least favorable means for rock removal in the critical environmental area and that the proposed buildings in the critical environmental area should be adapted to existing terrain and natural land contours rather than reconforming the shelf-rock and terrain to the proposed buildings.
As used in this chapter, the following shall have the meanings indicated:
- NOTICE OF INTENT
- Includes a written notice setting forth the location and approximate date of dates when blasting will occur.
- Includes an individual, corporation, association, firm or partnership.
No person shall blast or cause to be blasted any rock or other substance with any explosive in the Town of Orangetown, as defined in this chapter, without having first obtained a permit from the Bureau of Fire Prevention covering the specific blasting operation, upon written application. Such blasting operations shall be conducted under the direct control and supervision of competent and licensed persons and in accordance with the provisions of New York State laws and regulations and the provisions of this chapter.
The application for a blasting permit shall be on a form approved by the Bureau of Fire Prevention and contain such information as is required by the Bureau of Fire Prevention, accompanied by the fee as required. As part of the application for a blasting permit, the applicant shall also submit a description of all structures, including residential dwellings, located within 300 feet of the blast site and a list of the names and addresses of the owner or owners of any parcel of property on which the blasting site is to take place, as shown on the most recent tax rolls of the Town of Orangetown. If such blasting is on privately owned land, the applicant must provide a copy of a building permit covering the project for which the blasting is being conducted.
In recognition of the unique environmental characteristics that make the designated critical environmental area ("CEA") environmentally important, including a concern for the integrity of the existing residences, for erosion control and potential rock falls, any applicant seeking to blast within the "CEA" must demonstrate to the satisfaction of the Architectural and Community Appearance Board of Review ("ACABOR") in consultation with the Town Engineer that a building compatible with the herein stated legislative intent is not possible and that less intrusive means of rock removal are not feasible. The applicant must provide a list of the alternative means considered and the reasons such alternatives are not feasible. A denial from ACABOR/Town Engineer may be appealed to the Zoning Board of Appeals within 30 days from the date the application is denied.
No person shall store explosives within the limits of the Town of Orangetown outside the territory of any incorporated village without obtaining a permit therefor from the Bureau of Fire Prevention.
Before such a permit is issued, the person shall submit evidence, in the form of a certificate of insurance issued by an insurance company authorized to do business in the State of New York, guaranteeing that the applicant has in full force and effect a policy of public liability insurance, including a specific endorsement covering the liabilities arising from blasting and providing bodily injury coverage of not less than $500,000/$1,000,000 and property damage insurance of not less than $500,000/$1,000,000. Such policy shall also provide to save the Town harmless from all claims, actions and proceedings brought by any person, firm or corporation for injury to person or property resulting from or occasioned by such blasting operations. Such policy shall contain the provision that the policy shall not be canceled, terminated, modified or changed by the company unless 30 days' prior written notice is sent to Town by certified mail. No permit shall be valid unless such insurance is in full force and effect.
Such permit, when approved and signed by a Fire Inspector and upon payment of a fee of $200 to the Bureau of Fire Prevention or such other fee as may be fixed from time to time by the Town Board, shall be issued and signed by the Fire Inspector, who shall keep a record thereof. Each permit shall specify the name of the permittee, the date of expiration (which shall be no later than six months from the date of issue) and the particular place where the blasting is to be done. When such blasting is to occur within the critical environmental area, an additional fee of $500 will be charged per day for each day of blasting, which fee will be used to provide for independent seismic monitoring of the blast to determine the effects of the blast.
Any applicant denied a blasting permit from the Bureau of Fire Prevention can appeal to the Town Board within 30 days from the date that the application is denied.
The Town Board may revoke any permit issued hereunder at any time for good cause shown. If permit revocation occurs, a hearing shall be conducted by the Town Board upon written notification to the permittee of the time and place of and reason for such hearing.
The Bureau of Fire Prevention shall have the right to suspend any permit, for good cause and without prior notice to permit holder, pending a Town Board permit revocation hearing.
No person shall use, in a blasting operation, a quantity of explosives greater than necessary to properly start the rock or other substances nor use such an amount as will endanger persons or property.
All blasts within 200 feet of any roadway or structure, before firing or exploding, shall be covered with metal 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 or damage to persons or property. All blasts not within 200 feet of any roadway or structure shall have a suitable screen so as not to cause injury or damage to persons or property.
No person shall fire or explode or direct or cause to be fired or exploded any blast in or near any highway or public place in the Town of Orangetown unless competent persons carrying a red flag shall have been placed at a reasonable distance on all sides of the blast to give proper warning thereof at least three minutes in advance of firing.
No person shall conduct blasting operations within the Town of Orangetown after the hour of 5:00 p.m. and before 8:00 a.m. nor any time on Saturday, Sunday or holidays, except in the case of emergency or necessity, and then only with permission of the Building Inspector or Fire Inspector.
Not more than 30 days nor less than five business days prior to the intended blasting, a notice of intent to blast shall be served upon:
The notice of intent to blast shall be delivered to the inhabitants or users set forth in Subsection A(1) and (2) of this section. In the event that personal delivery of the notice of intent to blast cannot be effected, the notice of intent to blast may be left or posted at the structure or dwelling in a conspicuous place, and a certified letter, return receipt requested, shall be sent to the affected structure of dwelling. The certified letter shall be mailed to the property owner. The addresses of property owned shall be obtained from the Tax Assessor's office.
The notice of intent to blast shall also be delivered to the Town Clerk, Orangetown Office of Building, Zoning and Planning Administration and Enforcement, Orangetown Police Department, Fire Department providing coverage and the Rockland County Fire Dispatch Center no less than 72 hours prior to blasting.
Delivery of the notice of intent to blast, as required by this section, shall be the sole responsibility of the applicant for the blasting permit.
Any person convicted of a violation of any provisions of this chapter shall be subject to a minimum fine of $5,000 and a maximum fine of $10,000 for each offense.
Any person convicted of blasting without a permit shall be subject to a minimum fine of $10,000 and a maximum fine of $20,000.
Every violation of any provision of this chapter shall be a separate and distinct offense, and, in case of continuing violation, every day's continuance thereof shall be deemed to be a separate and distinct offense.
The provisions of this chapter shall be enforced by the Chief of the Bureau of Fire Prevention.