Village of Irvington, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Irvington 12-4-2017 by L.L. No. 11-2017. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 118.
Zoning — See Ch. 224.

§ 93-1 State laws and regulations adopted.

The Village, being presently governed by the provisions of Article 16 of the Labor Law of the State of New York entitled "Explosives," and being subject to such amendments and changes in said Article 16 as may hereinafter be duly enacted, hereby formally adopts, subject to the additional requirements and restrictions contained in § 93-2 of this Article I, any and all rules and regulations heretofore or hereafter promulgated and adopted pursuant to statutory authority and relating to the possession, handling, use, storage and transportation of explosives, including but not limited to the following:
A. 
Industrial Code Rule 23-11 (12 NYCRR 23-11), Use of Explosives, as amended, effective June 1, 1972.
B. 
Industrial Code Rule 39 (12 NYCRR 39), Possession, Handling, Storage and Transportation of Explosives, as amended, effective August 1, 1973.

§ 93-2 Additional requirements and restrictions.

The following additional requirements and restrictions are hereby enacted pursuant to the authority granted by Labor Law § 464-a:
A. 
Permit required.
(1) 
Any person, firm or corporation intending to detonate explosives within the Village of Irvington, on any lot or parcel, shall, prior to such detonation, apply for a permit to detonate such explosives from the Building Department of the Village of Irvington. Such persons, firm or corporation shall supply the Building Department with the following information:
(a) 
The name of the owner of the property upon which the detonation of explosives is to occur.
(b) 
The business address of the person, firm or corporation proposing to detonate explosives on subject property.
(c) 
Evidence of the fact that the person, firm or corporation to detonate explosives is duly licensed pursuant to § 458 of the Labor Law of the State of New York.
(d) 
The precise location of the intended detonation of explosives, the purpose and the necessity of the use of explosives, as well as the size charge intended to be detonated and the proposed schedule for detonation of explosives.
(e) 
Evidence that the person, firm or corporation intending to detonate explosives has liability insurance, and the liability insurance requirements indicated below are in full force and effect.
(f) 
An indemnification agreement as contained in this section.
(2) 
Upon submission of the foregoing information to the Building Department and an application fee as set from time to time by the Board of Trustees, 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 section and all applicable laws of the State of New York with respect to blasting. Such permit shall be valid for a period of 30 calendar days.
B. 
Liability insurance. The applicant for a permit for blasting shall submit with his application a certificate of insurance in full force and effect of comprehensive public liability insurance for all property damage or personal injury caused by blasting operations in an amount not less than $3,000,000/$5,000,000 for personal injury and property damage, which shall be issued by a casualty company authorized to do business in the State of New York. Said certificate of insurance shall indicate the name and the address of the agent or broker through whom it was placed and who is responsible for the attesting to the existence of the coverage. Said certificates shall provide for 10 days' written notice to the Village of Irvington as to any termination of said insurance. Receipt of such notice of termination shall be grounds to revoke a permit for blasting.
C. 
Indemnification. The contractor shall indemnify and hold harmless the Village of Irvington 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 blasting work, provided that each claim, damages, loss or expenses is attributed to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the blast itself), including the loss of use resulting therefrom; and 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 any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.
D. 
Notice required. Whenever a blasting permit shall be issued under the provisions of the Village Code, written notice shall be given by the contractor to the Village of Irvington Police Department and property owners at their respective addresses as shown on the latest assessment roll of the Village of Irvington as to all property owners and owners of easements within a radius of 600 feet from the location of each blast. This distance may be increased by the Building Inspector if he determines that a greater area may be substantially affected by the proposed blasting. Said notice shall state the date on which blasting is proposed to be commenced and the estimated date when blasting will be completed. Said notice shall be mailed by the contractor by certified mail, return receipt requested, at least 14 calendar days before the commencement of blasting, and signs shall be placed stating the date and approximate time of each proposed blast. Signs shall be placed by the contractor at the nearest street and/or intersections providing access to all properties within which the blast is to occur. Signs shall be posted at least three days before commencement of blasting. An affidavit of mailing of the notices and of the posting of the signs indicating the name, address and tax designation of each property and easement owner notified shall be filed with the Building Inspector before commencement of blasting. Failure to furnish evidence of such shall be grounds for revocation of a blasting permit by the Building Inspector.
E. 
Recordkeeping.
(1) 
It shall be the responsibility of any person, firm or organization which engages in blasting to maintain verified records of the place, date, time, number of holes, kind of blasting caps and delay intervals, name of person in responsible charge of loading and firing and the blasting permit number, signature of blaster making the report and kind and amount of the charge set for each blast, and also monitor and maintain a permanent record of all blasts. Such person, firm or corporation shall, upon demand, provide to the Building Inspector of the Village of Irvington all such records. A record shall be kept of every blast showing the amount of total powder and number of holes, and all records shall be maintained at least until the end of the next calendar year in which the record is made. At least one copy of the records required by this section shall be maintained at the blasting site at all times.
(2) 
The information required to be submitted to the Building Inspector of the Village of Irvington shall clearly indicate the minimum or maximum permitted values for the criteria indicated herein; including particle velocity, overpressure, frequency, decibels, duration of motion, etc. In addition, the values resulting from each blast shall be indicated alongside so that deviations may be readily ascertainable.
F. 
Employment of licensed blaster required. No person, firm or corporation shall be engaged in blasting in the Village of Irvington unless it has in its continuous employ a blaster who is a holder of a current blaster's license issued by the State of New York pursuant to § 458 of the Labor Law and maintained continuously in force. A photocopy or clear reproduction of the blaster's license in force shall be kept continuously on file with the Building Department.
G. 
Seismograph and air pressure records. It shall be responsibility of any person, firm or corporation which engages in blasting to maintain verified records of the place, date, time, number of holes, kind of blasting caps and delay intervals, name of person in responsible charge of loading and firing and the blasting permit number, signature of blaster making the report and kind and amount of the charge set for each blast, and also to monitor and maintain a permanent record of all blasts. Seismograph and air pressure readings of blasts shall be taken by a qualified person frequently employed in the business of seismograph readings and competent to qualify as an expert witness to the results. The record data shall include identification of instrument used, name of observer, name of interpreter, distance and direction of recording station from area of detonation, type of ground at recording station or location in structure, maximum amplitudes for all components, as well as resultant for all recorded frequencies of vibrations, duration of motion in excess of 0.001 inch, frequency of ground motion in cycles per second, maximum energy ratio or particle velocity and a copy of photographic records of seismograph readings.
H. 
Ground blast and air standards. 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 then 40 hertz (Hz) or 2.0 inches per second for frequencies of 40 hertz (Hz) or more. In addition, air pressure emanating from such blast shall not exceed 131 decibels (dB) for high-pass filter of 0.1 hertz, or 128 decibels (dB) for a high-pass filter of two hertz, or 125 decibels (dB) for a high-pass filter of six hertz.
I. 
Special storage requirements. Persons issued permits pursuant to Subsection A of this § 93-2 shall have an amount of explosives [as defined in Subdivision 1 of § 451 of the Labor Law and 12 NYCRR 39.2(k)] on a blasting site approximately sufficient for only one day of blasting operations. Any unused explosives stored on the blasting site from one day to another shall be kept in magazines constructed, maintained and located on the blasting site in accordance with applicable state rules and regulations (12 NYCRR 39.8 and 39.9), and each and every magazine containing stored explosives shall be covered with a blasting mat constructed in accordance with 12 NYCRR 23-11.4(f), and each such mat shall weigh a minimum of 5,000 pounds. In the event that any such unused explosives are stored as aforesaid, the permit holder shall notify the Police Department of such storage before 6:00 p.m. on each day of any such storage. No explosives shall be stored on a blasting site on Saturdays, Sundays or holidays observed by the Village.
J. 
Flagging and posting. At least three minutes before firing a blast, the person undertaking such blasting operation shall give warning therefor by causing a competent person carrying a red flag to be stationed at a reasonable distance from the blast on all sides of the blast on any path, lane, street, road or highway or other avenue of approach capable of use by the public. In all cases, signs at least 36 inches by 36 inches, bearing the words "Danger, Blasting Operation Underway - No Radio Transmission" or similar language printed in red, shall be posted on all sides of the blast at a reasonable distance from the blast. At least four such signs shall be so posted. Such posting shall occur at least by 8:00 a.m. on the day of the blast, and such signs shall be removed after the blasting operations are complete.
K. 
Supervision of blasting. The Building Inspector and/or a duly authorized representative has the authority to supervise a blasting operation when such supervision is, in his discretion, deemed necessary, and to inspect the storage, handling and size of the charges intended to be detonated. The Building Inspector or the duly authorized representative 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 local laws are being complied with. Any cost incurred by the Village of Irvington in conjunction with the supervising of said blasting shall be at the cost of the applicant.
L. 
Preblast survey. It will be the responsibility of the applicant to provide the Village of Irvington with an affidavit listing and inspecting all properties and easements within a radius of 600 feet from the location of each blast. These preblast surveys must be available to any affected property owner or Village of Irvington official for a period of not less than three years from when the permit expires. Preblast surveys shall include but not be limited to both written and photographed information. At the discretion of the Building Inspector, the area of the preblast survey may be adjusted to include additional properties and/or easements. Preblast surveys must not be over 12 months old at time of application.

§ 93-3 Conflict with Zoning Ordinance.

Nothing in this article shall be construed to permit the manufacture, possession, storage and use of explosives and blasting agents in contravention of the duly adopted Zoning Ordinance of the Village of Irvington or any amendments thereto.[1]
[1]
Editor's Note: See Ch. 224, Zoning.

§ 93-4 Enforcement; penalties for offenses.

The Building Inspector for the Village of Irvington shall be responsible for enforcing this article. Any person, firm or corporation that violates any provision of this article or fails to comply therewith shall be guilty of an unclassified misdemeanor and, upon conviction, shall be punished by imprisonment for a term not more than one year or by a fine of not more than $2,000, or by both such fine and imprisonment, and each day such violation shall exist shall constitute a separate offense. The enforcement of this article by imposition of a fine or imprisonment as aforementioned shall not prevent the Village of Irvington from enforcing this article by injunctive action or by any other authorized means.

§ 93-5 Definitions.

For purposes of this article, the following terms shall have the following meanings:
MECHANICAL ROCK EXCAVATION
Rock removal with the use of a mechanical hammer or similar device, but excluding drilling or boring of holes, and excluding the removal of man-made structures such as concrete steps or driveways.
ROCK EXCAVATION PERMIT
A permit issued for mechanical rock excavation on a subject property.
SUBJECT PROPERTY
The lot for which a rock excavation permit is issued.
UNEXPECTED CIRCUMSTANCES
Circumstances unforeseen by the property owner, including mechanical failure of a machine, unexpected conditions or inclement weather.

§ 93-6 Permit required.

No mechanical rock excavation may take place unless a permit is obtained from the Building Department. All permits shall identify the purpose for which the rock excavation permit is being issued, the owner of the subject property, including all partners of any limited liability company, and the permitted duration of the mechanical rock excavation. The application for a mechanical rock excavation shall include a certification by the property owner that the property owner has reasonably determined that any mechanical rock excavation can be completed within the period in § 93-7 below.

§ 93-7 Time limits.

A. 
Mechanical rock excavation shall be restricted to 38 consecutive days, whether excavation occurs or not.
B. 
No new/additional rock excavation permit shall be issued for the same subject property for 18 months from the date any previously issued permit expires.
C. 
All mechanical rock excavation is subject to the time limitations of § 148-4 of this Code.

§ 93-8 Dust mitigation.

A. 
No rock excavation permit shall be issued unless the applicant has a dust mitigation plan prepared by a licensed professional and approved by the Building Department. Such dust mitigation plan shall incorporate the best practices for dust control, including, but not limited to, a water spray system (air suppression or surface wetting). All dust mitigation plans shall include measures to control water runoff as a result of any water spray program.
B. 
Trucks and other vehicles used to transport particulate matter shall be covered, and any particulate matter kept on site shall be sufficiently wetted or stored to prevent particulate matter from becoming airborne.
C. 
Portable hand water sprinklers or hose sprinklers are acceptable means of wetting for dust control. The water sprays or jets shall be designed to break the water stream into small droplets or otherwise to provide effective wetting.
D. 
Suitable drainage means shall be provided for the removal of water and sludge that drains from the operation.
E. 
Soil or debris piles shall be moistened if dust is being emitted from the piles. Adequately secured tarps, plastic or other material may be required by the Building Department to further reduce dust emissions.

§ 93-9 Notice.

A. 
Upon receiving a rock excavation permit, any individual who intends to engage in mechanical rock excavation on any property in the Village of Irvington shall notify the Village at least seven calendar days prior to the commencement of such activities. Upon such notification, the subject property will be listed on the Village of Irvington website showing the earliest commencement date and when the thirty-eight-day period ceases. Such notice shall be displayed in a visible location at the subject property.
B. 
In addition to notifying the Village as required above, written notice shall be given by the contractor to the Village of Irvington Police Department and property owners at their respective addresses as shown on the latest assessment roll of the Village of Irvington as to all property owners and owners of easements within a radius of 200 feet from the subject property. This distance may be increased by the Building Inspector if it is determined that a greater area may be substantially affected by mechanical rock excavation. Said notice shall state the date on which mechanical rock excavation is proposed to be commenced and the estimated date when mechanical rock excavation will be completed. Said notice shall be mailed by the contractor by certified mail, return receipt requested, at least 14 calendar days before the commencement of mechanical rock excavation.
C. 
Signs shall be placed stating the date on which mechanical rock excavation is proposed to be commenced and the estimated date when mechanical rock excavation will be completed. Signs shall be placed by the contractor at the nearest street and/or intersections providing access to all properties within which such activities are to occur. Signs shall be posted at least seven calendar days before commencement of mechanical rock excavation.
D. 
An affidavit of mailing of the notices and of the posting of the signs indicating the name, address and tax designation of each property and easement owner notified shall be filed with the Building Inspector before commencement of mechanical rock excavation. Failure to furnish evidence of such shall be grounds for revocation of a mechanical rock excavation permit by the Building Inspector.

§ 93-10 Other limitations.

A. 
No person performing mechanical rock removal shall have more than two machines and two hammers operating on the subject property at the same time.
B. 
Rock crushing shall not be permitted on the subject property.
C. 
Notwithstanding Subsection B, the Planning Board may approve on-site rock crushing on lots of greater than three acres, if it finds that on-site rock crushing would significantly reduce the amount of fill imported and exported.

§ 93-11 Seven-day waiver.

A property owner who has properly applied for and received a rock excavation permit, and has otherwise complied with the provisions of this article, may apply to the Village Administrator for an additional, one-time, seven-consecutive-calendar-day waiver in addition to the 38 days above, subject to all the other restrictions contained herein. The property owner shall have the burden of demonstrating to the Village Administrator that a waiver is warranted due to unexpected circumstances and that the rock excavation can be completed within the seven days. At the sole discretion of the Village Administrator, documentation supporting unexpected circumstances may be required, including a certification that the unexpected circumstances prevented the completion of mechanical rock excavation during this period. If the waiver is granted, the period will be listed on the Village website.

§ 93-12 Enforcement; penalties for offenses.

The Building Inspector for the Village of Irvington shall be responsible for enforcing this article. Any person, firm or corporation that violates any provision of this article or fails to comply therewith shall be guilty of an unclassified misdemeanor and, upon conviction, shall be punished by imprisonment for a term not more than one year or by a fine of not more than $2,000, or by both such fine and imprisonment, and each day such violation shall exist shall constitute a separate offense. The enforcement of this article by imposition of a fine or imprisonment as aforementioned shall not prevent the Village of Irvington from enforcing this article by injunctive action or by any other authorized means.