[HISTORY: Adopted by the Town Board o f the
Town of Greenburgh 2-8-1995 by L.L. No. 2-1995. Amendments noted where
applicable.]
[Amended 2-12-2020 by L.L. No. 3-2020[1]]
The purpose of this chapter is to establish minimum safeguards
to protect human health, safety and welfare, as well as property,
by establishing reasonable regulations governing the possession and
use of explosive materials. To ensure that the possession and use
of explosive materials does not result in physical injury or property
damage, the Town Board hereby asserts its right to designate acceptable
hours for blasting operations, set levels for the ignition and discharge
of explosive materials and establish acceptable standards governing
consequential vibrations resulting from all blasting conducted within
the Town.
[1]
Editor's Note: This ordinance also changed the title of this
chapter from "Explosives and Blasting" to "Explosives, Blasting and
Rock Chipping."
A.Â
This chapter shall apply to each and every person,
corporation and business engaged in the manufacture, sale, transportation,
storage, handling or use of explosives in the Town. This chapter sets
forth procedures for the issuance of permits, payment of fees, recordkeeping,
reporting and monitoring compliance. In addition, this chapter establishes
penalties for the failure to comply with these requirements.
B.Â
The technical standards set forth in this chapter
are based upon generally recognized criteria and accepted industry
standards. See New York State Labor Law, Article 16; 12 NYCRR Part
39; NFPA No. 495-1973; 27 CFR 55; 49 CFR 171 through 178; and 49 CFR
390 through 397 for other additional standards that may be applicable.
A.Â
The provisions of this chapter shall not apply to
the following:
(1)Â
The military forces of the United States or its allies,
the duly authorized militia of any state or any police force or Fire
Department, provided that the same is acting in its official capacity
and in the performance of its public duties.
(2)Â
The transportation of explosives in interstate or
intrastate commerce regulated by the United States Department of Transportation
or the New York State Department of Labor.
(3)Â
Model rocketry.
(4)Â
Employee safety regulated under the Occupational Safety
and Health Act, 29 U.S.C. § 651 et seq.
(5)Â
Fireworks subject to regulation
under any applicable local, state or federal rule, regulation or law.
[Amended 2-12-2020 by L.L. No. 3-2020]
(6)Â
Small arms ammunition, including smokeless or black
powder when possessed for noncommercial purposes in quantities of
five pounds or less.
(7)Â
An explosive in a form prescribed
by the official United States Pharmacopeia.
[Amended 2-12-2020 by L.L. No. 3-2020]
B.Â
Where an individual makes a written
application to the Building Inspector for an exemption, the Building
Inspector may grant an exemption where it is evident that compliance
would cause an undue hardship and that public safety would not be
compromised by granting relief. Any exemption granted under this section
must be as limited in scope and duration as possible, balancing the
hardship caused by compliance versus the potential danger and threat
to public safety of granting relief. If the Building Inspector grants
an exemption under this section, s/he shall immediately notify the
Chief of Police of her/his decision and within five business days
notify the Town Board stating the facts, the nature of the exemption
and the underlying rationale.
[Amended 2-12-2020 by L.L. No. 3-2020]
The following words and terms, when used in
this chapter, shall have the following meanings, unless the context
clearly indicates otherwise:
The airborne shock wave or acoustic transient generated by
an explosion.
The Police Chief, Town Engineer and the Fire Marshal convened under § 140-7C to hear appeals regarding the revocation of any permit issued under this chapter.
Acceptable to the Building Inspector or Appeals Board.
A deflagrating or low explosive compound composed of an intimate
mixture of sulfur, charcoal and an earth nitrate, usually potassium
nitrate or sodium nitrate.
A person who holds a valid permit to perform blasting operations.
The fracture of any heavy mass by detonation of explosive
materials.
Any material or mixture consisting of a fuel and oxidizer,
intended for blasting, not otherwise classified an explosive, provided
that the finished product, as mixed and packaged for use or shipment,
cannot be detonated by means of a No. 8 test blasting cap when unconfined.
A detonator.
An electrical or electromechanical device capable of providing
electrical energy for the purpose of energizing electric blasting
caps.
A mat of woven steel wire, tires or other suitable material
or construction to cover blast holes for the purpose of preventing
fly rock missiles.
The area surrounding a blast site subject to the influence
of flying debris generated by the detonation of an explosive charge.
Includes, but is not limited to, any
structure or assembly used for occupancy or storage and subject to
the jurisdiction of the Building Department.
[Amended 2-12-2020 by L.L. No. 3-2020]
That dimension of a medium to be blasted measured from the
borehole to the face at right angles to the spacing. It means also
the total amount of material to be blasted by a given hole, usually
measured in cubic yards or in tons.
Any authorization to keep, store, transport, manufacture
or use explosives issued under New York State Labor Law, Article 16.
The Code of Federal Regulations in effect on the date this
chapter was last amended.
An explosive possessing detonating or maximum hazard and
means an explosive which is described in 49 CFR 173.53.
An explosive possessing flammable hazard such as propellant
explosives and photographic flash powders and means an explosive described
in 49 CFR 173.88.
Certain types of manufactured articles which contain Class
A or Class B explosives, or both, as components but in restricted
quantities, and certain types of fireworks and means an explosive
described in 49 CFR 173.100.
Any explosive except a propellant and nitrocarbonitrate,
including but not limited to dynamite, black blasting powder, pellet
powder, initiating explosive, blasting cap, electric blasting cap,
safety fuse, fuse igniter, fuse lighter, squib, cordeau detonant fuse,
instantaneous fuse, igniter cord and igniter.
A person with the requisite experience, training and education
necessary to perform the duty assigned or assumed.
The time interval in milliseconds between successive detonations
of the delay devices used.
Any device containing a detonating charge that is used for
initiating detonation in an explosive. The term includes, but is not
limited to, electric blasting caps of instantaneous and delay types,
blasting caps for use with safety fuses, detonating-cord delay connectors
and nonelectric instantaneous or delay blasting caps.
A blasting cap designed for, and capable of, initiation by
means of an electric current.
Any chemical compound or mixture that is commonly
used or intended for the purpose of producing an explosion that contains
any oxidizing and combustible materials or other ingredients, in such
proportions, quantities or packing that an ignition by fire, by friction,
by concussion or by detonation of any part of the compound or mixture
may cause such a sudden generation of highly heated gases that the
resultant gaseous pressure is capable of producing destructive effects
on contiguous objects.
The term "explosive," except as specifically
stated herein, does not include:
Small arms ammunition, including smokeless or
black powder when possessed for noncommercial purposes in quantities
of five pounds or less.
An explosive in a form prescribed by the United
States Pharmacopeia.
Fireworks subject to regulation under any applicable local,
state or federal rule, regulation or law.
[Amended 2-12-2020 by L.L. No. 3-2020]
Any combustible or explosive composition or any substance
or combination of substances or articles prepared for the purpose
of producing a visible or audible effect by combustion, explosion,
deflagration or detonation.
Rock propelled from the blast area by the forces of an explosion.
A substance that may react with the oxygen in the air or
with the oxygen or other oxidizing material yielded by an oxidizer
to produce combustion.
Cycles per second.
Any explosive material which can be caused
to detonate by means of a blasting cap when unconfined, as, for example,
dynamite.
[Amended 2-12-2020 by L.L. No. 3-2020]
Any public street, road, highway, alley or part of a navigable
stream which is used as a highway of commerce.
A building regularly occupied in whole or in part as a habitation
for human beings, or any church, schoolhouse, railroad station, store
or other structure occupied in connection with the manufacture, transportation,
storage or use of explosives.
An explosive cartridge with a detonator or initiating agent
inserted therein.
An explosive material which can be caused
to deflagrate when confined, as for example, black powder.
[Amended 2-12-2020 by L.L. No. 3-2020]
Any building, structure or other enclosure or container,
other than an explosive manufacturing building, used for the storage
of explosives.
An explosive material charge that fails to detonate after
an attempt at initiation.
Any self-propelled vehicle, truck, tractor, semitrailer or
truck full trailer used for the transportation of explosives.
National Fire Protection Association.
An explosive classified as a blasting agent.
A cap containing two grams of a mixture of 80% mercury fulminate
and 20% potassium chlorate or a cap of equivalent strength.
All soil and ancillary material above
the bedrock horizon in a given area.
[Amended 2-12-2020 by L.L. No. 3-2020]
A substance such as a nitrate that yields oxygen or other
oxidizing substance readily to stimulate the combustion of organic
matter or other fuel.
An oxidizer.
The peak particle velocity recorded on any one of the three
mutually perpendicular components of blasting vibrations in the vertical
and horizontal directions.
Written authorization issued by the Town or other appropriate
governmental agency to manufacture, sell, possess, store or use explosives.
Any natural person, partnership, firm, association or corporation.
Any solid chemical or solid chemical mixture which functions
by rapid combustion of successive layers and includes, but is not
limited to, smokeless powder for small arms, smokeless powder for
cannons, smokeless powder or solid propellant for rockets, jet thrust
units or other devices.
The mechanized hammering or cutting of
bedrock or other similar hardened natural materials for a constant
duration for the purposes of removal or reuse on a site.
[Added 2-12-2020 by L.L.
No. 3-2020]
An instrument which records ground vibration by measuring
and recording particle velocity, displacement or acceleration in three
mutually perpendicular directions.
A hose with an electrical resistance high enough to limit
flow of stray electric currents to safe levels, yet not so high as
to prevent drainage of static electric charges to ground such as those
of not more than two megohms resistance over its entire length and
not less than 5,000 ohms per foot.
A physical characteristic of an explosive classifying its
ability to detonate upon receiving an external impulse such as impact,
shock, flame or other influence which can cause explosive decomposition.
A delay in time of nine milliseconds or more.
A cartridge for a shotgun, rifle, pistol or revolver and
a cartridge for propellant-actuated power devices and industrial guns.
Military-type ammunition containing explosive bursting charges or
any incendiary, tracer, spotting or pyrotechnic projectile is excluded
from this definition.
A solid propellant, commonly called "smokeless powder" in
the trade, used in small arms ammunition, cannon, rockets or propellant-actuated
power devices.
An inert material placed in a bore hole after the explosive
for the purpose of confining explosive materials or to separate charges
of explosive material in the same bore hole.
A flow of electricity outside the conductor which normally
carries it.
United States Code.
United States Department of Transportation.
The energy from a blast that manifests itself in earthborne
vibrations which are transmitted through the earth away from the immediate
blast area.
Any of a wide variety of materials used for blasting that
contain substantial proportions of water and high proportions of ammonium
nitrate, some of which is in solution in the water. Two broad classes
of water gels are those which are sensitized by a material classed
as an explosive, such as TNT or smokeless powder, and those which
contain no ingredient classified as an explosive; these are sensitized
with metals such as aluminum or with other fuels. Water gels may be
classified as Class A explosives, Class B explosives or blasting agents.
A.Â
No person shall manufacture, sell, possess, store,
use or detonate explosives within the Town unless a permit has been
issued by the Building Inspector.
B.Â
Permit to manufacture, sell, possess or store. An
application for a permit to manufacture, sell, possess or store explosives
shall require the following information, as well as any other information
the Building Inspector deems necessary to ensure public health and
safety:
(1)Â
The applicant's full name, address and telephone number.
If the applicant is a corporation, partnership or other business entity,
the name of each officer shall be separately stated. If the applicant
is an out-of-state corporation, partnership or other business entity,
the applicant must submit proof of filing with the New York State
Secretary of State to do business in New York. No permit may be issued
unless the applicant is authorized to do business in New York.
(2)Â
The location where applicant proposes to manufacture,
sell, possess or store explosives.
(3)Â
A statement as to the purpose and need to manufacture,
sell, possess or store explosives.
(4)Â
Where the manufacture, sale, possession or storage of explosives is subject to state or federal regulation and licensing, a copy of any state or federal license or permit shall be provided, together with the application for a local permit, unless the use is specifically exempted by § 140-3A, above.
(5)Â
The quantity of explosives to be manufactured, sold,
possessed or stored.
C.Â
The application for a permit shall be signed by the
applicant. In addition, the applicant shall sign an acknowledgment,
under the penalties of perjury, stating that all information provided
in the application or in support of the application is true and accurate.
D.Â
Permit to use or detonate. An application for a permit
to use or detonate explosives shall require the following information,
as well as any other information the Building Inspector deems necessary
to insure public health and safety:
(1)Â
The applicant's full name and address. If the applicant
is a corporation, partnership or other business entity, the name of
each officer shall be separately stated. If the applicant is an out-of-state
corporation, partnership or other business entity, the applicant must
submit proof of filing with the New York State Secretary of State
to do business in New York. No permit may be issued unless the applicant
is authorized to do business in New York.
(2)Â
A designated, on-site representative who will be present
at the location during all blasting and authorized to act on behalf
of the applicant for all administrative purposes.
(3)Â
The name, address and telephone number of the person
who will be conducting the blasting, and a copy of the blaster's license
to purchase, own, possess, transport and use explosives and a certificate
of competence.
(4)Â
An estimate of how much blasting is anticipated and
the type and amount of material to be ignited or discharged. Where
more than one blast is anticipated, the applicant shall estimate how
many separate blasts are expected and the approximate duration blasting
activity will continue.
(5)Â
The time, date and location blasting is scheduled
to begin.
(6)Â
A list of all landowners, including name and address,
within a five-hundred-foot radius of the proposed blast site.
(7)Â
A preblast survey of the site,
where one inch equals 30 feet in scale, showing all structures within
a 500-foot radius of the proposed blast site, together with a description
of each structure within such radius. Any property owner subject to
a preblast property description shall be furnished a copy of the description
of the property upon request. The Building Inspector may, in her/his
sole discretion, require that the preblast survey be accompanied with
a videotape showing each building and structure and any particular
features as s/he may direct. The Building Inspector may, in her/his
sole discretion, waive all or any portion of the preblast survey depending
on the particular characteristics of the site, the surrounding area
and the type of blasting proposed. The applicant shall, upon request,
make a copy of the preblast survey available to the Building Inspector.
Where a preblast survey indicates electric transmission lines within
500 feet of a proposed blast site, the Building Inspector or her/his
representative may require testing to determine the presence and level
of errant electrical current in the area. If testing indicates the
presence of errant electrical current in the vicinity where explosives
are to be detonated at a level sufficient to pose a potential threat
to public safety, the Building Inspector may require that any blasting
be conducted solely by use of nonelectrical detonation.
[Amended 2-26-1997 by L.L. No. 1-1997; 2-12-2020 by L.L. No. 3-2020]
E.Â
Based on the application and the
preblast survey, if any, the Building Inspector shall estimate the
cost of monitoring compliance with this chapter and furnish such estimate,
together with a basis for her/his calculation, to the applicant. Before
any permit is issued, the estimated cost of inspection services shall
be deposited with the Town, held in escrow, and applied to reimburse
the Town for costs and expenses actually incurred in connection with
administering compliance with this chapter. Where the estimated amount
deposited is insufficient to cover the Town's costs, the property
owner shall be responsible for any balance due. Where the estimated
amount deposited with the Town exceeds the costs incurred, the balance
shall be refunded.
F.Â
The application for a permit to
use explosives shall be signed by both the applicant and the blaster.
In addition, the applicant shall sign an acknowledgment stating, under
the penalties of perjury, that all information provided in the application
or in support of the application is true and accurate. The blaster
shall also sign an acknowledgment stating that s/he has read the entire
application, that in her/his opinion blasting at the particular location
can be conducted safely, without unreasonable risk, and that, under
the penalties of perjury, the blaster's state license is valid,
that s/he is fully authorized to conduct the type of activity set
forth in the application and that s/he agrees to abide by all state
and federal safety standards.
[Amended 2-12-2020 by L.L. No. 3-2020]
G.Â
A permit to conduct blasting shall be effective for
a specific project and specific period of time, not to exceed one
year. The Building Inspector shall have sole discretion to set the
term of any permit issued under this section.
H.Â
Expiration, revocation or cancellation of the blaster's
state license shall automatically void any permit issued under this
chapter.
I.Â
No blast shall be initiated at any location within
the Town unless a written permit to conduct blasting has first been
obtained and signed by the Town Engineer and Building Inspector authorizing
blasting at the specific location.
J.Â
The Building Inspector may add to any permit issued
under this chapter whatever terms and conditions deemed necessary
to protect public health, safety and welfare.
K.Â
No permit holder shall transfer or assign a permit
issued under this chapter.
L.Â
The failure of an applicant to provide any information
requested by the Building Inspector in support of an application for
a permit shall be grounds to deny an application or revoke a permit.
N.Â
Fees. Notwithstanding any of the provisions of the
Fire Code of New York State and the Building Code of New York State,
the fee for permits issued under this chapter shall be set by the
Building Inspector, subject to approval by Town Board resolution.
All fees shall be paid at the time of filing an application and prior
to any permit or certificate being issued.
[Amended 12-23-2008 by L.L. No. 11-2008]
O.Â
The Building Inspector or her/his
representative may also request the applicant to supply any other,
additional information that may be deemed necessary to protect the
health and safety of the public or to prevent damage to property.
[Amended 2-12-2020 by L.L. No. 3-2020]
A.Â
Before any permit is issued pursuant
to this chapter, the applicant shall submit proof of insurance by
supplying a certificate of insurance, issued by an insurance company
authorized to do business in the State of New York, stating that the
applicant has insurance coverage in effect for workers' compensation,
liability and property damage occurring onsite or to nearby properties,
and a specific endorsement stating that coverage includes liability
arising from handling or using explosive materials and conducting
blasting activity. Insurance coverage shall be not less than $3,000,000
for general liability, including bodily injury to any one person and,
subject to the same limit for each person, not less than $10,000,000
for any occurrence, plus insurance for property damage occurring onsite
or to nearby properties of not less than $2,000,000. The insurance
certificate shall name the Town and any of its Agents, Designees and/or
Representatives as an additional insured. In addition, the certificate
shall contain a statement that the policy or policies covering the
insured will not be canceled, terminated or modified by the insurance
company unless 30 calendar days' notice is given to the Town
and such change or modification is mutually agreed to.
[Amended 2-12-2020 by L.L. No. 3-2020]
B.Â
The applicant shall also furnish
a notarized statement agreeing to indemnify and hold the Town and
any of its Agents, Designees and/or Representatives harmless from
any and all claims, actions and proceedings brought by any person,
firm or corporation for any injury to any persons or property resulting,
directly or indirectly, from the applicant using, storing, handling,
transporting or manufacturing explosive material or conducting blasting
activity and, moreover, stating the applicant will defend and indemnify
the Town against any action brought by any third parties as a result
of operating under a Town permit issued under this chapter.
[Amended 2-12-2020 by L.L. No. 3-2020]
C.Â
No permit shall be issued unless and until the applicant
has complied with these insurance requirements and provided an agreement
indemnifying and holding the Town harmless for any and all damage
and injury.
[Amended 2-12-2020 by L.L. No. 3-2020]
A.Â
Inspection. Because of the compelling and overriding public safety
issues involved in the handling and use of explosives, the Building
Inspector, Town Engineer, Fire Marshal, Code Enforcement Officer or
any member of the Police Department may inspect any vehicle, structure,
dwelling, construction site, workplace or other area where explosives
are manufactured, sold, possessed, stored or used within the Town
for the limited purpose of ascertaining and verifying compliance with
this chapter.
B.Â
Permit revocation. The Building Inspector may, on her/his own initiative
or at the request of any other official, revoke or modify a permit
issued pursuant to this chapter where it appears the permit holder
has violated any local, state or federal rule or regulation, including
but not limited to a false statement or representation on the application
for a blasting permit or violation of any applicable safety standard
or where the Building Inspector determines that public safety has
been compromised. The Building Inspector may modify or revoke a permit
by notifying the permit holder or her/his representative, orally or
in writing, that the permit has been modified or revoked. Where a
permit has been revoked, the Building Inspector shall send a written
notice of revocation to the permit holder by first class mail without
unnecessary delay, but not later than five business days after revocation,
setting forth the reasons the permit was revoked. The notice of revocation
shall include a statement informing the permit holder of her/his right
to appeal such revocation by filing a notice of appeal with the Town
Clerk within 20 business days. Where a permit is modified, the Building
Inspector shall give the permit holder written notice of the modifications.
C.Â
Appeals. A permit holder who has had her/his permit revoked or modified
by the Building Inspector may appeal and seek relief from the modifications
or reinstatement of the permit. An appeal pursuant to this section
shall be heard by the Chief of Police, the Town Engineer and the Fire
Marshal, or any of their deputies, sitting as a board of appeals.
The Building Inspector shall appear and state her/his findings and
the reasons for revoking or modifying the permit. The permit holder
and/or the blaster shall be offered the opportunity to appear and
present evidence why the permit should not be modified or revoked.
The appeal board may sustain the Building Inspector's decision
to revoke a permit, reinstate any permit or amend any modifications
imposed by the Building Inspector. Where the board reinstates a permit,
the board may amend the permit by adding whatever terms and conditions
it deems necessary to protect public health, safety and welfare. The
decision of the appeal panel shall be final.
A.Â
No blast shall be initiated at any location within
the Town limits unless a written permit has first been obtained from
Building Inspector authorizing blasting at the specific location.
B.Â
Blasting conducted within the Town must comply with
the terms of the permit and, in addition, all applicable state and
federal heath and safety standards.
C.Â
At least five business days prior to the scheduled
start of blasting, the permit holder shall request a preblast meeting
with the Building Inspector to review and finalize the proposed blasting
plan. No blasting shall be conducted unless a preblast meeting has
been held with the Building Inspector and the Building Inspector is
satisfied that the proposed blasting plan is reasonable.
D.Â
Each blasting permit holder shall establish and delineate
a blast zone prior to detonating a blast. The blast zone must be clearly
marked and adequate precautions implemented to prevent unauthorized
entry into the area.
E.Â
Prior to each blast, the blaster
or her/his designee shall be responsible for notifying all persons
in the general area that blasting operations are scheduled to begin
within a specified period of time. In addition, the blaster shall
sound a recognized whistle, siren or horn loud enough to be heard
throughout the designated blast zone approximately three minutes prior
to blasting and again 30 seconds prior to blasting, warning all persons
that blasting is imminent.
[Amended 2-12-2020 by L.L. No. 3-2020]
F.Â
The Building Inspector or her/his
representative shall be permitted access to observe all aspects of
the blasting operation, including but not limited to observation of
all preblast preparatory site work, the explosion/detonation and access
to the postblast site. The property owner shall reimburse the Town
for the cost of all inspection services, including the cost of retaining
an on-site inspector to monitor all aspects of blasting, where the
Building Inspector deems such services necessary, by depositing the
estimated cost of inspection services in a designated account to be
held in escrow by the Town and applied to reimburse the Town for costs
incurred in administering compliance with this chapter. The permit
holder and the blaster shall, upon request, make available to the
Building Inspector a copy of all seismic reading and any and all other
documentation and data collected regarding any blast.
[Amended 2-26-1997 by L.L. No. 1-1997; 2-12-2020 by L.L. No. 3-2020]
G.Â
The blasting permit holder shall
notify the Building Inspector or her/his designated representative
and the Police Department of an impending blast at least two hours,
but not more than 12 hours, prior to the time each blast is scheduled.
[Amended 2-12-2020 by L.L. No. 3-2020]
H.Â
The applicant shall be responsible for any costs incurred
by the Town in providing police, emergency services or any other personnel
deemed necessary to ensure public safety.
I.Â
Notwithstanding any other regulations, no blasting
shall be performed in such manner or under such circumstances as to
eject debris into the air so as to constitute a hazard or danger or
do harm or damage to persons or property. Before firing a blast which
could cause injury to persons or damage property from fly rock, the
material to be blasted shall be properly covered or screened by a
buffer of sufficient mass and strength to prevent, with a margin of
safety, the ejection of any material capable of causing any injury
or damage.
J.Â
No person shall use a quantity of explosives greater
than necessary to break or move the target material or use an amount
of explosives that poses a risk of injury to persons or property.
K.Â
Unless otherwise permitted by
the Building Inspector, all holes drilled or otherwise excavated for
holding an explosive charge shall be at least six feet deep. If, however,
the permit holder/blaster can demonstrate a need to use a hole less
than six feet deep and that such a cavity will not endanger public
safety, the Building Inspector or her/his designated representative
may, in her/his discretion, authorize the use of blast holes less
than six feet deep.
L.Â
The blaster shall plan each blast and take every precaution
in loading, delaying, initiation, confinement and stemming to control
the throw of rock fragments and debris and limit ground vibrations
and the effect of air concussions to the greatest extent possible.
When blasting is to be conducted within 50 feet or less of a property
line and the adjacent property owner is not a party to the blasting
operation, the blaster shall take all precautions practicable, utilizing
any combination of recognized methods, to control blasting effects
to the greatest degree possible.
M.Â
A record of each blast shall be
kept by the blaster on a form approved by the Building Inspector.
All such records shall be retained by the permit holder and blaster
as prescribed by state law and made available for inspection as a
matter of public record.
[Amended 2-12-2020 by L.L. No. 3-2020]
(1)Â
The permit holder shall record the following information
for each blast and provide the Building Inspector with a duplicate
copy at the end of each day:
(a)Â
The name and license number of the blaster.
(b)Â
The location of the blast.
(c)Â
The date and time of each blast.
(d)Â
The number of blasts.
(e)Â
The number, diameter and depth of each hole
and distance between holes.
(f)Â
The burden depth.
(g)Â
The stemming length.
(h)Â
The make and type of explosives.
(i)Â
The delay make, number and period.
(j)Â
The weather conditions, including temperature,
wind direction and speed.
(2)Â
In addition, the following seismograph information
must be recorded for each blast with a duplicate copy provided to
the Building Inspector:
(a)Â
The seismograph serial number.
(b)Â
The range/gain setting.
(c)Â
The date of last shake table calibration and
microphone calibration.
(d)Â
The air channel low frequency limit.
(e)Â
The exact seismograph location and location
in relation to the blast.
(f)Â
The peak over pressure readout.
(g)Â
The peak particle velocity readout.
(h)Â
The name of the operator.
N.Â
Where an accident involves personal injury, the permit
holder shall immediately notify the Building Inspector that an accident
has occurred, and no further blasting shall be conducted until the
Building Inspector has had an opportunity to review the accident report
and the permit. Any injury, accident or misfire involving explosives
shall be recorded, and a full written report shall be attached to
the blast report filed with the Building Inspector, including the
names of all participants and witnesses and remedial actions taken.
The Building Inspector may require such additional, specific information
from the blaster as s/he deems necessary and appropriate to assure
the public health and safety. Following an accident involving personal
injury, the Building Inspector may amend the permit by adding whatever
additional restrictions are deemed necessary to assure public health
and safety is maintained and another similar accident does not reoccur.
[Amended 2-12-2020 by L.L. No. 3-2020]
O.Â
At
no time shall a single blast greater than 2,500 pounds of total explosives
ever be detonated within the Town of Greenburgh.
[Added 2-12-2020 by L.L. No. 3-2020]
A.Â
The maximum allowable concussion or air blast resulting
from blast operations shall not exceed 130 decibels peak, measured
at a flat frequency response (PMS two decibels) over the range of
at least six to 200 hertz.
B.Â
When blasting is of a continuing nature, 124 to 130
decibels shall be the acceptable range.
C.Â
The permit holder shall report each blast exceeding
acceptable parameters to the Building Inspector within 24 hours. Following
a blast exceeding acceptable parameters, the Building Inspector shall
have the authority to order blasting operations to be suspended, altered
or stopped.
D.Â
The US Bureau of Mines Safe Vibration Criteria, with an upper allowable
limit of 1.25PPV will be the governing standard. Charts plotting both
the Peak Particle Velocity (in/s) and Peak Frequency (Hz) must be
provided after each and every blast.[1]
[Amended 2-12-2020 by L.L. No. 3-2020]
[1]
Editor's Note: Former Subsection D, regarding amount
of detonated explosives, was repealed 2-12-2020 by L.L. No. 3-2020.
This ordinance also renumbered former Subsection E as Subsection D.
[Amended 2-12-2020 by L.L. No. 3-2020]
Blasting may be conducted
when authorized by permit Monday through Friday between the hours
of 8:30 a.m. and 3:00 p.m. Blasting is prohibited Saturdays, Sundays
and legal holidays, unless modified by an approving Board.
A.Â
Not more than 20 calendar days
and not less than three business days prior to a scheduled blast,
the permit holder shall serve a notice of intent to blast, stating
when and where blasting activity is scheduled to occur, on each occupant
or user of each structure, commercial or residential, within 500 feet
of the proposed blast site and upon the owner or owners of any parcel
of property immediately adjoining or abutting the parcel of property
on which the blasting is to take place, regardless of the distance
an adjoining owner is from the blast site. The notice shall include
the blasting permit number, the permit holder's name, emergency
telephone numbers for police, fire and ambulance service and the time
and location of each scheduled blast. A copy of the notice of intent
to blast must be submitted to the Building Inspector for her/his review
and approval prior to distribution.
[Amended 2-12-2020 by L.L. No. 3-2020]
B.Â
The notice of intent to blast may be served by either
personal service or certified mail. In the event that neither personal
service nor certified mail can be effected, the applicant may request
authorization from the Building Inspector to serve the notice of intent
to blast by posting a copy of such notice in each building or dwelling
in a conspicuous place where it is reasonable to believe that persons
entering or leaving the premises will see such notification.
C.Â
In the case of multi-occupancy
structures, residential and commercial, located within 500 feet of
the blast site, the notice of intent to blast shall be conspicuously
and continuously posted at all commonly used entrances to the structure
not more than 20 calendar days and not less than three business days
prior to blasting. It shall be the blaster's responsibility to
ensure that notice is unobstructed and remains posted at the structure.
[Amended 2-12-2020 by L.L. No. 3-2020]
[Amended 2-12-2020 by L.L. No. 3-2020]
A.Â
If the applicant (or successor in interest) intends to remove rock
by means other than blasting, a High Resolution Seismic Refraction
Survey must be performed. A licensed, certified, geotechnical engineer
shall interpret the results of the survey and will determine whether
or not all of the rock can be removed by means other than blasting.
The geotechnical engineer will submit a written report on the site
to the Building Department.
B.Â
If the report reveals that all of the rock cannot be removed by means
other than blasting, then no removal of overburden shall take place
with the exception of tree stumps, top soil or materials rendered
inconsequential by the blaster.
C.Â
If the report reveals that all of the rock can be safely chipped,
a temporary, solid barrier no less than eight feet, zero inches high
shall be installed for the duration of the rock chipping activities,
to the satisfaction of, and if required by, the Building Inspector.
D.Â
The applicant (or successor in interest) shall be limited to the
hours of 8:30 a.m. to 3:00 p.m., Monday through Friday, for all rock
chipping. Rock chipping is prohibited on Saturdays, Sundays and all
legal holidays, unless modified by an approving Board.
E.Â
The applicant (or successor in interest) shall conduct a precondition/preconstruction
survey of all adjacent structures located within 50 feet of the limits
of disturbance on the subject property or any other structure that
the Building Inspector deems necessary in order to ensure public safety
or prevent property damage. The survey shall be submitted to the Building
Inspector or her/his designee for review.
F.Â
The applicant (or successor in interest) shall install seismic graphs,
set in histogram mode, on the property, outside the area of rock removal,
that are to be monitored once an hour to ensure the vibrations from
the site do not cause damage to adjacent structures of the property.
The number of seismic graphs shall be determined by the geotechnical
engineer and agreed to by the Building Inspector, or her/his designee.
A daily report of the seismic graph readings must be submitted to
the Building Inspector. The report shall use the USBM Vibration limit
curve developed from RI8507. Should a seismic reading exceed the Town
of Greenburgh's limitations, the work must cease immediately,
and written notification must be provided to the Building Inspector.
G.Â
Prior to any rock chipping activities, appropriate dust control measures
must be installed to the satisfaction of the Building Inspector.
H.Â
The maximum decibel level for rock chipping activities must not exceed
110db(A), as measured from any property line.
I.Â
All rock chipping must be completed within 30 business days of commencement
of such activities. Thereafter, the applicant (or successor in interest)
must cease such activities and seek additional approval from the Town
Board or Planning Board to resume rock chipping activities.
[Amended 2-12-2020 by L.L. No. 3-2020]
Any person applying to
use explosives to demolish any structure must agree to assume the
cost of any engineering analysis, public safety survey, environmental
review or other technical study deemed necessary by the Building Inspector
to determine if and how blasting or rock chipping can be conducted
safely.
[Amended 2-12-2020 by L.L. No. 3-2020]
The Police Chief, Town Engineer and Building
Inspector/Fire Marshal, sitting as a Board of Standards, may supplement
this chapter by promulgating whatever additional rules and regulations
are deemed necessary or desirable to protect the public health, safety
and welfare. A copy of all supplemental rules and regulations promulgated
under this section are to be provided with each application for a
permit and posted on the Town's Web site.
[Added 2-12-2020 by L.L. No. 3-2020]
A.Â
Any person, including any owner or agent or corporation, who shall
violate any of the provisions of this chapter or fail to comply with
any provision shall, following conviction, be guilty of a misdemeanor.
B.Â
The first violation shall be punishable by a fine not to exceed $5,000
and subject to a period of incarceration not to exceed 20 days.
C.Â
A second and each subsequent offense shall be punishable by a fine
not to exceed $10,000 and subject to a period of incarceration not
to exceed 40 days.
D.Â
Any person, including any owner or agent or corporation, who supplies
false information to the Building Inspector in support of a blasting
permit shall, upon conviction, be guilty of a misdemeanor and subject
to a fine not to exceed $5,000 and subject to a period of incarceration
not to exceed 20 days.
E.Â
The provisions of this chapter may be enforced by either the Building
Inspector or the Town police.
