[HISTORY: Adopted by the Borough Council of the Borough of Lincoln Park 11-12-1991 by Ord. No. 1,032 as Ch. 72 of the 1991 Code. Amendments noted where applicable.]
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[2] or the rules and regulations of the Division of Public Safety and Occupational Safety and Health, New Jersey Department of Labor and Workforce Development, 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: See 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 or more restrictive provisions as set forth in the statutes of the State of New Jersey, the New Jersey Explosives Act or the rules and regulations of the Division of Public Safety and Occupational Safety and Health, New Jersey Department of Labor and Workforce Development.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Any person desiring to perform any blasting activities or related operations in the Borough of Lincoln Park shall file an application with the Bureau of Fire Prevention. Such application shall contain the following information:
A. 
The name of the applicant, address and telephone number.
B. 
The street address of the property upon which the blasting activity will be conducted, indicating the tax block and lot.
C. 
A sketch map showing the location of the proposed blasting.
D. 
The times and dates of the proposed blasting activity.
E. 
A copy of the certificate of insurance.
F. 
The issuance date and number of the state blasting permit and the name, address and telephone number of the holder if different than the applicant.
G. 
The names and addresses of all property owners located within 400 feet of the proposed blasting site or the exterior lot or tract boundary line of the property upon which blasting activity shall be conducted, whichever is most extensive (including any new dwelling units for which a certificate of occupancy has been granted).
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Blasting and explosives shall be covered during the period of blasting activity by insurance covering the risk of explosion in an amount and form satisfactory to the Borough Attorney based upon current risk analysis. Prior to the issuance of any blasting permit, the applicant shall file a copy of a certificate and policy of its blasting insurance with the Bureau of Fire Prevention. The Borough of Lincoln Park shall be named as an additional insured.
B. 
Prior to issuance of any blasting permit, the applicant shall indemnify and hold harmless the Borough of Lincoln Park and all 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 Explosives Act, the rules and regulations of the Division of Public Safety and Occupational Safety and Health, New Jersey Department of Labor and Workforce Development, or this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 10-19-1998 by Ord. No. 1,220, effective 11-8-1998]
A. 
The permit fee for blasting or the use of blasting materials is provided in Chapter 34, Fees, § 34-7. Such fee(s) shall cover the cost of administrative review and engineering or other inspections as may be required. Payment shall be made by check or money order payable to the Borough of Lincoln Park.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
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.
A. 
Prior to the commencement of any blasting activity on the site, the permittee shall conduct a pre-blast survey of all properties, dwellings, buildings or accessory structures within 400 feet of the proposed blasting site or the exterior lot or tract boundary line of the property upon which blasting activity shall be conducted, whichever is most extensive (including any new dwelling units for which a certificate of occupancy has been granted), and such survey shall be filed with the Bureau of Fire Prevention. Such survey shall be made with the consent of each affected property owner and/or occupant of properties. The permittee shall be excused from conducting such survey on any property in the event that an owner or occupant shall refuse to grant his consent, notwithstanding the receipt by certified mail on two occasions of a pre-blast survey request from the permittee, together with a copy of this chapter. Such survey shall include photographs of the interior and exterior of affected properties. The pre-blast survey shall be filed with the Bureau of Fire Prevention prior to any blasting activity.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Twenty-four hours prior to initial blasting, the permittee shall provide written notice of such proposed blasting activity 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 lot or tract boundary line of the property upon which blasting activity shall be conducted, whichever is most extensive (including any new dwelling units for which a certificate of occupancy has been granted). Similar notice shall also be delivered to the Bureau of Fire Prevention and the Police Department. The notice shall also include the name and address of the permittee's insurance carrier, the procedure for making a damage claim and a blank damage claim form from the permittee's insurance carrier. The certified mail receipts and/or affidavits of service shall be filed with the Bureau of Fire Prevention.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Days and times.
(1) 
Blasting shall be prohibited except during the following days and times:
(a) 
Monday through Friday, 9:30 a.m. to 4:30 p.m.
(b) 
Saturday, 9:30 a.m. to 12:00 p.m.
(2) 
Blasting shall be prohibited on Sunday and on all federal holidays.
D. 
Upon written request of a permittee, the Borough Assessor shall, within seven days, make and certify a list from the 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 provided in Chapter 34, Fees, § 34-7, may be charged by the Borough for such list.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
If any damage is incurred due to blasting activity, the Borough, in its discretion, may halt all blasting pending an investigation by the State Department of Labor and Workforce Development. No further blasting activity may be conducted until approval is obtained from the State Department of Labor and Workforce Development and the Borough.
B. 
Upon the expiration of the blasting permit or within 72 hours following completion of blasting activity, whichever first occurs, the permittee shall conduct a post-blast survey of all properties, dwellings, buildings or accessory structures within 400 feet of the subject blasting site or the exterior lot or tract boundary line of the property upon which blasting activity has been conducted, whichever is most extensive (including any new dwelling units for which a certificate of occupancy has been granted), to determine the existence and/or extent of any and all damage, and the same shall be filed with the Bureau of Fire Prevention.
C. 
Upon the written request of a permittee, the Borough Assessor shall, within seven days, make and certify a list from the current tax duplicates of names and addresses of owners to whom the permittee is required to give notice pursuant to Subsection B 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 provided in Chapter 34, Fees, § 34-7, may be charged by the Borough for such list.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 9-18-2000 by Ord. No. 1,249, effective 10-8-2000]
Any person violating any provision of this chapter or any supplement thereto shall be subject to the fines and penalties set forth in § 1-2 of this Code (general penalty), in the discretion of the judge imposing the same. 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 Chief of the Bureau of Fire Prevention, the Construction Code Official or their designee shall be responsible for administrative and legal enforcement of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
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 or to the Police or Fire Department of this state or municipality, 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 the same are displayed according to applicable state statutes and local ordinances.