No person shall blast or cause to be blasted any rock or other substance with any explosive in the Town of Marlborough, as defined in this chapter, without having first obtained a permit from the Building Inspector 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 Building Inspector and contain such information as is required by the Building Inspector, 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 three hundred (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 is to take place, as shown on the most recent tax rolls of the Town of Marlborough.

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 five hundred thousand/one million dollars ($500,000./$1,000,000.) and property damage insurance of not less than five hundred thousand/one million dollars ($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 thirty (30) days' prior written notice is sent to the 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 the Building Inspector and upon payment of a fee in an amount set by resolution of the Town Board[1] to the Building Inspector shall be issued and signed by the Building 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 (6) months from the date of issue] and the particular place where the blasting is to be done.

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 of the permittee of the time and place of and reason for such hearing.

Not more than thirty (30) days nor less than seventy-two (72) hours 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) or (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 or a certified letter, return receipt requested, may be sent to the affected structure or dwelling. The certified letter shall be mailed to the property owner. The addresses of property owners shall be obtained from the Tax Assessor's office.

The notice of intent to blast shall also be delivered to the Town Clerk, the New York State Police and the Ulster County Sheriff's Department no less than seventy-two (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 or corporation violating any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be subject to a fine of not more than two hundred fifty dollars ($250.) or imprisonment for not more than fifteen (15) days, or both, for each offense. 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.

This may be enforced by the Building Inspector.