[Ord. 230, 4/17/2007]
Any person using, storing, purchasing and/or selling explosives and/or engaging in blasting activities within this Township must comply with and abide by any and all Pennsylvania and Federal statutes and regulations governing the use, storage, purchase and sale of explosives and blasting activities, including but not limited to Chapters 77, 87, 88, 210 and 211 of Title 25 of the Pennsylvania Administrative Code, as amended, and 73 P.S. § 151 et seq., as amended. All Pennsylvania and/or Federal statutes and regulations are incorporated herein by reference. All regulations relating to blasting under the International Fire Code and Uniform Construction Code are also incorporated herein by reference. In the event of an inconsistency between the aforementioned Pennsylvania and/or Federal statutes or regulations and this Part, the morestringent regulation shall apply.
[Ord. 230, 4/17/2007]
As used in this Part, the following terms shall have the meanings indicated:
AIRBLAST
An airborne shock wave resulting from an explosion, also known as "air overpressure," which may or may not be audible.
APPLICANT
For purposes of this Part, applicant shall consist of the applicant, property owner, developer, mining company, blaster and/or other individual that is proposing to use explosives on property within this Township.
BLASTING ACTIVITY
The actions associated with the use of explosives from the time of delivery of explosives to a worksite until all post-blast measures are taken, including priming, loading, stemming, wiring or connecting, detonating, and all necessary safety, notification and monitoring measures.
FLYROCK
Overburden, stone, clay or other material ejected from the blast area by the force of a blast.
PROPERTY
One parcel of property assigned one Tax Map parcel number or a group of contiguous parcels of property specifically listed in the applicant's explosives use permit application as a single blasting project.
[Ord. 230, 4/17/2007]
1. 
Blasting operations shall be conducted by or under the supervision of a competent blaster licensed and operating in compliance with applicable State and Federal statutes and regulations, including but not limited to Chapter 210 of Title 25 of the Pennsylvania Administrative Code (relating to blasters' licenses). The licensed blaster shall at all times have his or her license on the work site and shall permit examination of same.
2. 
Blasting operations shall be conducted in compliance with all State and Federal laws and regulations, including but not limited to Chapter 211 of the Pennsylvania Administrative Code (relating to storage, handling and use of explosives), except if modified by Chapter 77, 87 or 88 of Title 25 of the Pennsylvania Code, as amended.
3. 
The use of explosives for the purpose of blasting in connection with mining shall comply with any and all State and Federal laws and regulations governing same, including but not limited to Chapter 77, 87 or 88 of Title 25 of the Pennsylvania Code, as amended.
4. 
Where blasting is permitted, explosives shall be kept on the site only in such quantity as may be needed for the work underway and only during such times as they are being used.
5. 
When the need for explosives has ended, all such explosive material remaining at the job site shall be promptly removed from the premises.
6. 
The transportation of explosives shall comply with 25 Pa. Code § 211 et seq., as amended.
[Ord. 230, 4/17/2007]
1. 
No person shall handle or use explosive materials within East Rockhill Township unless that person:
A. 
Possesses a valid Pennsylvania State blaster's license with the proper classification or is supervised by a holder of a valid State of Pennsylvania blaster's license with the proper qualification and provides written verification of same to the Township; and
B. 
Possesses all necessary State permits and/or licenses and complies with all applicable local, State and Federal regulations, including but not limited to the requirements of this Part, and provides written verification of same to the Township.
2. 
No person shall handle, use or cause explosives to be detonated within East Rockhill Township without an explosives use permit issued by the Township, as hereafter set forth, to such person, his supervisor or employer. An explosives use permit shall only be valid for the property specifically identified in the application for same. An explosives use permit is valid for a single property only, as defined herein, and cannot be used for multiple properties throughout the Township. If an applicant wants to conduct blasting at different properties throughout the Township, the applicant must apply for and receive a separate permit for each property. The applicant must apply for an explosives use permit, and said application shall include the following:
A. 
Application. Applications for an explosives use permit shall be in writing upon forms provided by the Township. Applications shall be accompanied by a permit fee set forth in the Township's approved Fee Schedule. Permits shall be issued on an annual basis, commencing January 1 and ending December 31. Applications may be made by and permits issued to the blasting business, provided that the person doing the blasting or responsible for such blasting shall hold a valid Pennsylvania blaster's license with proper qualification. The applicant shall identify the licensed blasters operating under the permit and the blasting locations within the Township. All applications for reissuance and renewal of an explosives use permit shall be filed by the permittee with the Township within 60 days before the expiration date of the previous permit, along with the annual permit fee set forth in the Township's approved Fee Schedule.
B. 
Certificate of insurance. Each application for an explosives use permit, as herein stated, or renewal thereof shall be accompanied by a certificate of insurance for a commercial, general liability policy, and said policy of insurance shall have limits of coverage not less than $1,000,000 in the aggregate and $500,000 per occurrence. East Rockhill Township shall be named as an additional insured on the applicant's policy of liability insurance. The applicant shall notify the Township, in writing, if the applicant's insurance changes during the course of a calendar year.
C. 
Explosives use plan. Each application for an explosives use permit or renewal thereof shall include an explosives use plan that shall include a written description of the total area in which explosives are proposed to be used, a detailed description of the property wherein blasting is proposed, the Bucks County Tax Map parcel number and street address for the property, blasting procedures to be employed, including types of explosives-initiating systems, the reason for blasting and an aerial photograph or drawing which accurately includes all areas and inhabited buildings within 1,000 feet of all proposed blasting areas.
D. 
State blasting activity permit and license. Each application for an explosives use permit or renewal thereof shall be accompanied by a valid blasting activity permit and blasting license issued by the State.
E. 
Neighboring properties. Each explosives use permit application and all renewals shall include the names and addresses of all owners of property whose property line is within 1,000 feet from the property wherein blasting will occur. All owners of property adjoining the property parcel wherein an applicant is applying for an explosives use permit shall be listed within the permit application.
[Ord. 230, 4/17/2007]
1. 
Blasting may not damage real property except for real property under the control of the applicant. If damage occurs, the blaster in charge and/or the applicant shall notify this Township within four hours of learning of the damage.
2. 
Blasting may not cause flyrock. If flyrock occurs, the blaster in charge and/or the applicant shall notify this Township within four hours of learning of the flyrock.
3. 
Blasting shall be designed to keep all effects such as vibrations and noise to a minimum.
4. 
Airblasts shall be controlled so that they do not exceed the noise level specified in Chapters 77, 87, 88, 210 and 211 of Title 25 of the Pennsylvania Code, as amended, and any other applicable statutes or regulations, at a dwelling, public building, school, church or commercial or institutional structure, unless the structure is owned by the applicant and is not leased to another person. The lessee may sign a waiver relieving the operator from meeting the airblast limitations.
5. 
There shall be no overnight storage of explosive materials within East Rockhill Township.
[Ord. 230, 4/17/2007]
1. 
Prior to detonating a blast, the blaster in charge and/or the applicant shall:
A. 
Apply for and receive the applicable explosives use permit from the Township and pay the appropriate fee pursuant to the current Township Fee Schedule, as set forth hereinabove, and any and all other requirements of this Part and State and Federal law and regulations. Prior to receiving a permit from the Township, the applicant must provide the Township with a copy of the applicant's blasting license and approved blasting permit from the PA DEP. The applicant shall maintain a copy of the Township permit at the blasting location.
B. 
Explosives use schedule. Each applicant shall also provide the Township with a written schedule of any and all blasting activities proposed within the permitted area. This blasting schedule shall be provided to the Township, in writing, no less than five days prior to any blasts and/or explosions taking place. The explosives use schedule shall contain all information contained in a blasting schedule required by State and/or Federal law, including but not limited to the locations, dates, times, type of explosives used and purpose of the blasts. Each applicant shall also provide additional notice to the Township 24 hours prior to any blasting activities, in a manner acceptable to the Township.
C. 
Provide proper written notice to all residents whose property line is within 1,000 feet of the permitted explosives use area and provide proof of such notice pursuant to 25 Pa. Code § 211.124 to this Township at the time of the submission of the explosives use schedule set forth hereinabove. Any and all notice requirements set forth in State and/or Federal law need to be satisfied by the blaster and/or applicant.
D. 
Within 24 hours prior to the blast, the operator or foreman in charge of the blasting operation and/or the applicant shall notify persons whose property lines and/or structures are located within the one-thousand-foot area set forth in Subsection C above that a blast is to be detonated. Approval of the method of notification shall be obtained from this Township.
E. 
Sound a warning signal in compliance with 25 Pa. Code § 211 et seq., as amended.
F. 
In addition to the warning signal, notify all persons who may be in danger.
G. 
Ensure that the necessary precautions are in place to protect the public on public roads.
H. 
Give sufficient warning that persons approaching the blast area may be warned of the danger and be given ample time to retreat a safe distance from the blast area when a blast is about to be initiated.
I. 
Erect signs at least 500 feet from the blast area reading BLAST AREA — SHUT OFF ALL TWO-WAY RADIOS when electric blasting operations are located near highways or other public ways.
J. 
Place at the entrances to the permit area from public highways conspicuous signs which state "Warning; Explosives in Use" and which clearly explain the blast warning and all-clear signals that are in use.
K. 
Before any blasting is carried out, the blaster and/or the applicant shall submit to the Township a copy of the blaster's State blasting license, a copy of the approved blasting activity permit from the PA DEP and a copy of the application for said permit.
[Ord. 230, 4/17/2007]
1. 
Hours of operation. Blasting shall be conducted only between 9:00 a.m. and 4:00 p.m. on Monday through Friday. No blasting shall be conducted at any other times or on Saturday, Sunday or legal holidays. In the event that an emergency has delayed a blast beyond 4:00 p.m. on an authorized workday, loaded holes may be blasted within a reasonable time thereafter.
2. 
Blasting shall be conducted in a manner to protect the public from flyrock.
3. 
Notwithstanding other regulations, blasting, whether of overburden or of mineral, may not be done or performed in a manner and under circumstances or conditions that debris is ejected into the air, constituting a hazard or danger or to do harm or damage to persons or property in the area of the blasting.
4. 
Blasting shall be conducted to prevent injury to persons and damage to public or private property outside the permit area and to protect, to the maximum extent possible, the hydrologic balance.
[Ord. 230, 4/17/2007]
1. 
After the blaster in charge has determined the blast area is safe, the blaster in charge shall sound an all-clear signal, consistent with 25 PA. Code § 211 et seq., as amended.
2. 
The blaster in charge and/or the applicant shall immediately complete the blast report as required by State or Federal law and regulation, and the blaster in charge and/or the applicant shall provide a copy of the report to this Township.
[Ord. 230, 4/17/2007]
Any person who violates any provision of this Part shall pay a fine of $500, be subject to having his/her explosives use permit suspended or revoked by the Township and shall immediately cease all blasting activities within this Township. Any Township law enforcement officer, Zoning Officer or other person designated by the Board of Supervisors of this Township may notify an individual and/or entity, in writing, that they are in violation of this Part, order the individual and/or entity in violation to cease all blasting within the Township, and issue an appropriate penalty for same. If the individual and/or entity in violation of this Part does not satisfy the monetary penalty for the violation and/or does not cease all blasting activities within the Township, the Township may enforce this Part pursuant to § 1601 of the Second Class Township Code by instituting a civil enforcement proceeding before a District Justice and/or a legal or equitable action in the Court of Common Pleas. This Part does not waive any other actions, claims or remedies available to the Township or its residents in relation to damages caused by blasting activities.