[HISTORY: Adopted by the Township Committee of the Township of Franklin 7-31-2000 by Ord. No. 2000-10. Amendments noted where applicable.]
Whenever a term is used in this chapter and is defined by the statutes of the State of New Jersey (The New Jersey Explosive Act, N.J.S.A.21: 1A-128 Et. Seq.) or the rules and regulations of the Bureau of Engineering and Safety, New Jersey Department of Labor and Industry, or Chapter 190, Explosives of Title 12 of the New Jersey Administrative Code, such term is intended to have the meaning set forth in the definition of such term found in said statutes, act or rules and regulations, unless a contrary intention is clearly expressed from the context of this chapter.
The provisions of this chapter shall not relieve any person of the duty to observe other or more restrictive provisions as set forth in the statutes of the State of New Jersey, the New Jersey Explosive Act or the Rules and Regulations of the Bureau of Engineering and Safety, New Jersey Department of Labor and Industry, or any other applicable law or regulation.
Any person desiring to perform any blasting activities or operations in the Township of Franklin shall file an application with the Township Clerk.
Such application shall contain the following information:
The name, address and telephone number of the applicant.
The street address of the property upon which the blasting activity will be conducted (including tax block and lot).
A sketch map showing location and extent of the proposed blasting.
The times and dates of the proposed blasting activity.
The original copy of a certificate of insurance for the person, firm or corporation performing such blasting operations.
The issuance date, expiration date and number of the state blasting permit and the name, address and telephone number of the holder, if different than applicant.
The names and addresses of all property owners located within 400 feet of the exterior of the lot or boundary line of the property upon which the blasting activity shall be conducted.
Soil engineer's report describing the soil types, topography of the property upon which the operation is to be performed and the nature and location of any rock formations on the site and the location of homes, septic systems and wells within 400 feet of the boundary of the property on which the operation is to be performed;
The approximate amount of the rock to be removed from the site.
Blaster's insurance required; hold harmless agreement to be executed.
Risks emanating from blasting and explosion shall be covered during the period of blasting activity by insurance covering the risk of explosion in an amount and form satisfactory to the Township Attorney based upon current risk analysis. Prior to the issuance of any blasting permit, the applicant shall file an original copy of a certificate of its blaster's insurance with the Township Clerk. The Township of Franklin shall be named as an additional insured.
Prior to the issuance of a blasting permit, the applicant shall indemnify and hold harmless the Township of Franklin and all of its officials, agents and employees from all suits, actions or claims of any character, name and description for trespasses or tortious or negligent acts or faults of the applicant, its agents or employees resulting in any injuries or damages received or sustained by any person or persons or any property in connection with the proposed blasting operations or on account of the applicant's failure to observe the requirements of the statutes of the State of New Jersey, the New Jersey Explosive Act, the rules and regulations of the Bureau of Engineering and Safety, New Jersey Department of Labor and Industry, this chapter or any other applicable rule or regulation.
The permit fee for blasting or the use of blasting materials shall be $1,000 plus $100 per day of proposed blasting activity and shall accompany the application. Such fees shall cover the cost of administrative review and engineering or other inspection as may be required. Payment shall be made by check or money order payable to the Township of Franklin.
Permits shall be valid for one year unless sooner revoked and shall be valid only for the number of days proposed for blasting activity noted in the application. A new application and permit fee must be submitted should the total days of blasting activity exceed the number of days proposed in the initial application.
Prior to the commencement of any blasting activities on the site, the permittee shall conduct a preblast survey of all properties, dwellings, buildings or accessory structures, including septic systems and wells, within 400 feet of the proposed blasting site or the exterior lot or boundary line of the property upon which blasting activity shall be conducted and such survey shall be filed with the Township Clerk.
Twenty-four hours prior to the blasting, the permittee shall provide written notice of such proposed blasting activity, such notice by certified mail, return receipt requested, or personally serve each property owner or occupant within 400 feet of the proposed blasting activity or the exterior or boundary line upon which such blasting activity shall be conducted. Such notice shall also be delivered to the Township Clerk.
Blasting shall be prohibited except during the following days and times: Monday through Friday, 8:00 a.m. to 2:30 p.m.
Blasting shall be prohibited on Saturdays, Sundays and all federal and state holidays.
Upon the written request of a permittee, the Tax Collector shall, within 10 days, make and certify a list from the then current tax duplicates of names and addresses of owners to whom the permittee is required to give notice pursuant to Subsection A of this section. The permittee shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or occupant not on the list shall not be deemed a violation of this section. A sum not to exceed $2 per name or $20, whichever is greater, may be charged by the Township for such list.
If any damage is caused by the blasting activity, the Township, in its discretion, may halt all blasting activity pending an investigation by the State Department of Labor and Industry. No further blasting activity may be conducted until approval is obtained from the State Department of Labor and Industry and the Township.
Upon the expiration of the blasting permit or within 72 hours following completion of blasting activity, whichever first occurs, the permittee shall conduct a postblast survey of all properties, dwellings, buildings or accessory structures within 400 feet of the subject blasting site or exterior lot or boundary line upon which the blasting activity has been conducted to determine the existence and/or extent of any and all damage, and the same shall be filed with the Township Clerk. The failure to determine or discover the existence of any damage within such seventy-two-hour period shall not be deemed to constitute a waiver should any claim be made subject to the expiration of such period.
Any person violating any provision of this chapter or any supplement thereto shall be liable for a penalty of not more than $1,000, imprisonment for a term not to exceed 90 days and/or a period of community service not to exceed 90 days, in the discretion of the judge. Each violation shall constitute a separate offense for each day it continues. Such fine shall be in addition to any state and/or federal penalties.
The Township Engineer or Building Code Official, or the designee, shall be responsible for the issuance of permits as well as the administrative and legal enforcement of this chapter.
Nothing contained in this chapter shall be construed as applying to the military or naval forces of the United States or the duly authorized militia of this or any state nor to the Police or Fire Department of this municipality, provided that the same are acting in their official capacity and in the performance of their official duties.
Nothing contained in this chapter shall be construed as applying to the public display of fireworks, provided that the same are displayed according to applicable state statutes or any other applicable law.