Whenever a term is used in this chapter which
is defined by the statutes of the State of New Jersey, the New Jersey
Explosives 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, 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.
APPROPRIATE FIRE OFFICIAL
Those members of Montville Township Fire Department assigned
to collect and review, for accuracy, documentation relating to any
and all blasting activities occurring within the Township of Montville.
PERMITTEE
Any person who has obtained a permit pursuant to N.J.S.A.
21:1A-128 et seq.
The provisions of this chapter shall not relieve
any person of the duty to observe other and more restrictive provisions
as or to be set forth in the statutes of the State of New Jersey,
the New Jersey Explosives Act or the rules and regulations of the
Bureau of Engineering and Safety, New Jersey Department of Labor and
Industry.
The following information shall be provided
to the appropriate fire official:
A. A copy of the permit from the State of New Jersey
pursuant to N.J.S.A. 21:1A-128 et seq.;
B. The name, address and telephone number of the permittee
and subcontractors of permittee;
C. The name, address and policy number of the insurance
company of the permittee and subcontractors of permittee;
D. The amount and type of insurance and a copy of the
certificate of insurance of the permittee;
E. The street address of the property upon which the
blasting activity will be conducted, indicating the tax block and
lot;
F. Upon the fire official's receipt of the appropriate
approvals, but prior to the blasting, the proposed dates and times
of the blasting activity;
G. Appropriate approval of the Township Engineer pursuant
to the chapter.
Pursuant to N.J.A.C. 12:190-7.3, the permittee
shall provide written notice to the Township construction officials
as well as the Township Police and Fire Departments of the intended
dates and times of blasting and the specific location of the blasting.
The Montville Township Planning Board and Montville
Township Committee may impose reasonable conditions on approvals in
applications where blasting may be required to prepare or develop
the site. The conditions to be so imposed shall include, but shall
not be limited to, the following:
A. Requiring, as a condition for Planning Board approval,
that the developer agree on behalf of himself, as well as on behalf
of his blasting contractor, that the developer and his blasting contractor
will participate in a preconstruction conference for the purpose of
minimizing the adverse effects of the proposed blasting operation.
B. Requiring, as a condition for Planning Board approval,
that the developer agree on behalf of himself, as well as on behalf
of his blasting contractor, that there will be a preblast survey inspection
conducted in accordance with the terms of this chapter. The preblast
survey/inspection shall be prepared at the expense of the developer
and be available to the Township and interested parties. The scope
of the adjacent area within which said surveys will be required is
to be determined on a case-by-case basis based upon a consideration
of relevant factors in each instance as set forth in this chapter.
If any damage and/or injuries are incurred due
to blasting activity, the Township, in its discretion, may halt all
blasting 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.
[Amended 2-28-2006 by Ord. No. 2006-09]
Any person, firm or corporation violating any of the provisions of this chapter shall be subject to such penalties as are provided for in Chapter
1, Article
III, General Penalty.
The Township Engineer or his designee shall
be responsible for enforcement of this chapter.
[Amended by Ord. No. 2000-9]
A. Nothing contained in this chapter shall be construed
as applying to the following: military or naval forces of the United
States, the duly authorized militia of this or any state, the police
or fire departments of this state or municipality, the Water and Sewer
Department of the Township of Montville, public utilities companies
of the Township of Montville, provided that the same are acting in
their official capacity and in the performance of their official duties.
B. Nothing contained in this chapter shall be construed
as applying to the public display of fireworks, provided that same
are displayed in accordance with applicable state statutes and local
ordinances.
Appeals from the determination of the Township
Engineer may be made to the Township Committee of the Township of
Montville.