Township of Newtown, PA
Delaware County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Newtown 10-14-1974 as Article 1509 of the Codified Ordinances of Newtown Township 1973. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 88.
Nuisances — See Ch. 107.
Fees — See Ch. A176.
As used in this chapter, the following terms shall have the meanings indicated:
EXPLOSIVES
Includes any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion, that contains any oxidizing and combustible units or other ingredients in such proportion, quantities or packing that an ignition by fire, friction, concussion, percussion or detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. The term "explosive" does not mean or include small arms ammunition.
[Amended 4-24-1995 by Ord. No. 1995-2]
No person shall blast or carry on any blasting operations or store or keep any explosives in the Township without first having obtained a permit from the Township Manager.
[Amended 4-24-1995 by Ord. No. 1995-2]
The Township Manager shall have the power to refuse to grant or to revoke any blasting permit or permit to store explosives if after investigation he believes that such blasting or storage of explosives would unduly endanger the health, safety, welfare or property of any person.
[Amended 7-12-1982 by Ord. No. 1982-11; 4-24-1995 by Ord. No. 1995-2]
The permit fees shall be an amount set by resolution of the Board of Supervisors.
No blasting permit or permit to store explosives shall be issued until the applicant has:
A. 
Completed the permit application form for blasting or to store explosives; and
B. 
Filed a bond conditioned for the payment of any damage to Township property, public improvement or private property or persons. The principal amount of the bond shall be $1,000,000 unless, in the opinion of the Township Manager, this amount is not adequate because of the location of the blasting operation of place of storage of explosives. In such event, the amount of the bond shall be fixed by the Township Manager. But in instances where an applicant applies for permits to store and blast at the same place and time, only one bond need be filed under this section.
[Amended 4-24-1995 by Ord. No. 1995-2]
An application for a blasting permit may be made by:
A. 
The superintendent, foreman or person who is to do or direct the actual blasting;
B. 
The contractor who employs the person who will do or direct the actual blasting; or
C. 
The owner of the property on which the blasting is to be done.
An application for a permit to store explosives may be made by:
A. 
The owner of the property on which the explosives are to be stored; or
B. 
The tenant or agent of the owner of the property on which the explosives are to be stored.
[Amended 4-24-1995 by Ord. No. 1995-2]
The superintendent, foreman or person in charge of or directing the actual blasting operations or the person doing the actual blasting must be a competent blaster under the regulations of the Department of Labor and Industry of the Commonwealth of Pennsylvania and licensed by the Commonwealth of Pennsylvania.
All permits granted hereunder shall be given jointly to the person, firm or corporation responsible for the blasting or storage and the particular superintendent, foreman or person named in the application as being in charge of or directing the actual blasting operations or being in charge of storage and having a key to the storage magazine. No blasting shall be permitted pursuant to the blasting permit, except in the presence of the superintendent, foreman or person so named therein.
A. 
The blasting permit and the permit to store explosives shall be issued on forms approved by resolution of the Board of Supervisors.
[Amended 4-24-1995 by Ord. No. 1995-2[1]]
[1]
Editor's Note: This ordinance also repealed original Section 1509.12, Explosive storage form, which immediately followed this section.
B. 
Forms for applications for permits shall be furnished by the Township Manager.
A. 
No blasting will be done in the Township between the hours of 6:00 p.m. and 8:00 a.m. local time.
B. 
No blasting will be done in the Township on Sundays or other legal holidays.
[Amended 4-24-1995 by Ord. No. 1995-2]
The Township Manager is hereby authorized to appoint inspectors to inspect any blasting operations. The Township Manager is also authorized to require the person, firm or corporation blasting or carrying on the blasting operation to station flagmen on any highways which in any way may be affected by such blasting or blasting operation so as to give proper warning to the traveling public thereon. Failure to place flagmen on the highways in instances required by the Township Manager shall constitute a violation of the provisions of this chapter.
It shall be legal for the Township Manager to issue blasting permits for definite future periods of time, not exceeding three months, to persons, firms or corporations engaged in quarrying operations upon the payment of a permit fee of an amount set by resolution of the Board of Supervisors for each calendar month covered by such permit, provided that all persons operating under such extended term licenses shall at all times admit any inspectors appointed by the Township Manager and shall comply with the order and directions of the inspector with reference to the operations. In the event of noncompliance with any such orders or directions, the permit shall be immediately revoked by the Township Manager on notice to the person, firm or corporation responsible for the blasting operations.
A. 
All explosives stored in the Township shall be stored in a magazine which is located, constructed and maintained according to the Regulations for the Storage, Handling and Use of Explosives of the Department of Labor and Industry of the Commonwealth of Pennsylvania. The magazine shall be kept locked except when being inspected or when explosives are being placed therein or moved therefrom.
B. 
Blasting caps or detonators of any kind shall not be kept in the same magazine with other explosives.
[Amended 4-24-1995 by Ord. No. 1995-2]
The Township Manager may, upon application and proof of insurance, issue a permit to a properly qualified person for giving a pyrotechnic display of fireworks in public parks or other open places in the Township, pursuant to the provisions of 35 P.S. § 1272.[1] Such permit shall impose such restrictions as, in the opinion of the Township Manager, will be necessary to properly safeguard life and property in each case. The permit fee shall be in an amount set by resolution of the Board of Supervisors.
[1]
Editor's Note: Former 35 P.S. § 1272 was repealed 11-30-2004 by P.L. 1598, No. 204, § 3. See now 35 P.S. § 1275.2.
[Amended 4-24-1995 by Ord. No. 1995-2]
Any person, firm or corporation violating any provision of this chapter shall, upon conviction, be punishable by a fine not exceeding $1,000 for each offense, plus costs of prosecution, and, in default of payment of such fine and costs, shall be imprisoned for a term not exceeding 30 days. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.