No blasting permit shall be issued until the applicant has filed a bond
of a paid surety approved by the Board of Commissioners in the form satisfactory
to the Township Solicitor, conditioned for the payment of any damage or injury
to person or property. The principal amount of the bond shall be the sum of
$5,000,000 unless in the opinion of the township such amount is inadequate
because of the site of the blasting operation or the place of storage of the
explosives. In such event the amount of the bond shall be fixed by the township.
Where an applicant applies for a blasting permit at the same time, only one
bond need be given under this section. Applicant may, with the approval of
the township, submit a certificate of insurance coverage with an A-rated insurance
carrier in an amount of not less than $10,000,000 per occurrence in lieu of
such bond.
Where any quarry or other excavation in excess of 12 feet in depth at
the deepest point is located adjacent to or within 500 feet of a highway,
school, church, park, playground or dwelling or when water in excess of three
feet in depth at the deepest point is permitted to accumulate and remain in
any quarry or other excavation for a period of 48 hours, a protective fence
at least six feet in height, surmounted by three strands of barbed wire, shall
be placed around such portions of the rim of the quarry or excavation as may
constitute a hazard to the life or safety of persons. Each opening for ingress
and egress through said fence shall be supplied with a gate and said gate
shall be kept closed and locked at any time when said opening is not attended
by an owner, tenant or occupant of the property or a representative of the
owner, tenant or occupant of the property. An impenetrable living fence, such
as multiflora rose, may be substituted for chain link fence. Appropriate warning
signs shall be mounted or posted along the fence at intervals of not more
than 100 feet.
Any person aggrieved by any action of the Township Manager or any Inspector
or Engineer shall have the right to appeal to the Board of Commissioners.
The Board will hear the matter at its next regular public meeting, if the
appeal is filed with the Township Manager at least 10 days before such meeting
and promptly hand down its decision thereon.
Any person who violates any of the provisions of this chapter shall
be liable, on conviction thereof, to a fine or penalty of not more than $1,000,
plus costs of prosecution and in default of payment of such fine and costs
by imprisonment for not more than 30 days. Each day such person shall continue
such violation after receipt of notice thereof shall constitute a separate
offense punishable by a like fine or penalty. Such fines or penalties shall
be collected as like penalties are now by law collected.
