[Ord. 07-04, 5/14/2007, § 1; as amended by Ord. 17-03, 3/27/2017]
General. No person shall handle or use explosive materials in New Hanover Township unless that person:
Possesses a valid Pennsylvania state blaster's license with the proper classification or supervised by a holder of a valid State of Pennsylvania blaster's license with the property qualifications.
Possesses all necessary state regulations and complies with all applicable local, state and federal regulations including, but not limited to, the requirements of this chapter.
Permit. No person shall handle, use or cause explosives to be detonated within New Hanover Township without an explosives use permit issued by the Township as hereafter set forth, to such person, his supervisor or employer:
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 in amount as established from time to time by resolution of the Board of Supervisors. Permits shall be issued on an annual basis commencing January 1 and ending on December 31. All explosives use permits applied for after January 1 shall be prorated from the date of the issuance of the permit through the end of the year. Applications may be made by and permits issued to the blasting business providing that the person doing the blasting or responsible for such blasting shall hold a valid Pennsylvania blaster's license with proper qualification. The applicant will identify the license 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.
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 of not less than $1,000,000 in the aggregate and $500,000 per occurrence. New Hanover Township shall be named as an additional insured on applicant's policy of liability insurance.
Explosives Use Plan. Each application for an explosives use permit or renewal thereof shall include a written description of the total area in which explosives are proposed to be used, the permitted explosives use area, blasting procedures to be employed, including types of explosives, initiating systems, and an aerial photograph or drawing, which accurately includes all area and inhabited buildings within 1,000 feet of all proposed blasting-areas.
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 work day, loaded holes may be blasted within a reasonable time thereafter.
Blasting Log. An accurate blasting log shall be prepared and maintained for each blast fired and a true and correct copy of said log shall be supplied to the Township within two working days of the initiation of the blast. The Township may require that the permittee furnish to the Township an analysis of any particular blasting log to be prepared by the permittee. In the event that the permittee cannot or will not prepare reliable analysis, the Township may obtain such analysis from an independent expert. The permittee shall be liable for the reasonable cost of such analysis if it is determined, after an opportunity to be heard, that this part was violated by the permittee.
Blasting Activity Permit. Each application for an explosives use permit as herein stated or renewal thereof, shall be accompanied by a valid blasting activity permit issued by the Commonwealth of Pennsylvania.
Quarry Operation. Each application for an explosives use permit as herein stated or renewal thereof for a quarry operation shall include a Supplemental H Blast Plan.
Storage of Explosives. There shall be no overnight storage of explosive materials within New Hanover Township.
[Ord. 07-04, 5/14/2007, § 2; as amended by Ord. 17-03, 3/27/2017]
The Township, upon receipt of a properly completed temporary permit application may issue a temporary permit to allow for special construction or demolition activities requiring use of explosives. A temporary permit shall, be issued for a duration of 14 consecutive working days. The temporary permit fee shall be in an amount as established from time to time by resolution of the Board of Supervisors and shall be submitted with the completed temporary permit application form. Only one temporary permit can be issued for any given site within the year of permit issuance. All of the conditions and regulations of this part shall apply uniformly to both annual permits and temporary permits.
[Ord. 07-04, 5/14/2007, § 3]
Purpose. It is the purpose of this section to provide for the establishment of uniform limits on permissible levels of blasting resultants to reasonably assure that blasting within New Hanover Township does not cause injury, damage or a nuisance to the persons or property outside or beyond the permitted explosives use area.
Ground Vibration; General. The maximum ground vibration at the location of any dwelling, public building, place of employment, school, church, or community or institutional building outside the controlled blasting site area shall be established in accordance with either the maximum peak-particle-velocity limit.
Ground vibration shall be measured as the particle velocity. Particle velocity shall be recorded in three mutually perpendicular directions. The maximum allowable peak particle velocity shall apply to each of the three measurements and the vector sum of the three measurements.
A seismographic record shall be provided for each blast.
[Ord. 07-04, 5/14/2007, § 4]
The permittee shall monitor all blasts at the closest location to the blast of any dwelling, public building, place of employment, school, church or community or institutional building outside and beyond the permittee explosives use area; provided, however, that the permittee may monitor, at another location, approximately the same distance from the blast site, if the permittee is unable to obtain permission to conduct the monitoring from the owner of the preferred location. The Township or its designee may, at its discretion, require the relocation of monitoring equipment to a more suitable site and/or may conduct independent air-blast monitoring to spot-check data supplied by the permittee. If independent monitoring discloses that this part was violated by the permittee, the permittee shall pay the reasonable costs incurred by the Township for the independent monitoring.
The measuring equipment used shall have an upper and flat frequency response of at least 200 Hz.
All measuring equipment used during monitoring shall be spiked to the ground or sandbagged.
Fly-rock. Fly-rock produced as a result of explosives use shall be totally contained within the permitted explosives use area.
Seismic Monitoring. The Township may, in its discretion, conduct independent seismic blast monitoring to spot-check data supplied by the permit holder. If the independent monitoring discloses that the Part was violated by the permittee, then the permittee shall be responsible for paying the reasonable costs incurred by the Township for the independent monitoring.
[Ord. 07-04, 5/14/2007, § 5]
Preblasting Notification. Each explosives use permit application and all reapplications shall include the names and addresses of all residents or owners of dwellings or other structures located within 1,500 feet of the permitted explosives use area.
At the time of permit application, the applicant shall have notified in writing all residents or owners of dwellings or other structures located within the previously defined one-thousand-five-hundred-foot boundary, survey and a water quality test for existing wells. This request shall be in writing. The applicant shall cause a preblast survey to be conducted as to such dwelling or structures, and water quality testing for existing wells; provided, however, that the applicant shall not be required to conduct a preblast survey or well water quality testing more than once every six years as to any dwelling, structure or well.
The owner of a dwelling or structure that is within 1,500 feet of the blasting site which subsequent to the conducting of a preblast survey has been substantially modified or improved by more than 50% of the property's fair market value, may request a preblast survey. If is found that a preblast survey for such improved or modified structure is appropriate, the applicant/permittee may conduct such surveys within a reasonable period of time, but in no event shall testing exceed twice in one year.
The preblast survey and water quality testing shall be promptly conducted in a manner and form and by an independent survey company or organization selected by the applicant and acceptable the Township. The survey shall determine the condition of the dwelling or structure and shall document any preblasting damage or other physical factors that could reasonably be expected to be affected by the use of explosives. The testing of wells shall determine the condition of the water as to be safe for human use.
The survey shall include a written report signed by the person who conducted the survey. Copies of the survey report shall be immediately provided to the Township and the property-owner.
The water quality test for existing wells shall include a written report signed by the person who conducted the test. Copies of the test shall be provided immediately to the Township and the property owner.
Reasonable expenses incurred as a result of such independent surveys shall be the responsibility of the applicant/permittee.
The holder of an explosives use permit shall notify the Township, by telephone daily, with the approximate times of all blasting to occur on that date.
The holder of an explosives use permit shall also notify any homeowner located within 250 feet of the blast, by telephone daily, with the approximate times of all blasting to occur on that date.
[Ord. 07-04, 5/14/2007, § 6; as amended by Ord. 17-03, 3/27/2017]
Enforcement. The following are criteria that the Township may consider for issuance, re-issuance, suspension or revocation of a blasting permit:
Compliance with the blasting standards established by the Township as noted herein by this part.
Development and submittal to the Township the explosives use plan.
Development and submittal to the Township the blasting log.
Maintaining the financial assurance requested by the Township.
Compliance with the operational hours for blasting as noted herein by this part.
Compliance with airblast and ground vibration standards established by the Township as noted herein by this part.
Compliance with the pre-blasting notification requirements to residents and the Township as noted herein by this part.
Attempts by the permittee or party in interest to comply with the provisions of this part.
Considerations of atmospheric, unknown conditions, including geophysical conditions, and other matters beyond the control of the permittee or party in interest.
Suspension or Revocation. The explosives use permit may be suspended or revoked for cause for substantial noncompliance with this part as determined by the New Hanover Township Board of Supervisors. Prior to any action for suspension or revocation, the Township must receive a verified complaint concerning the licensee, registrant or permittee. The Board of Supervisors will make a determination if the allegations of the complaint are of a sufficient magnitude or importance as require a formal evidentiary hearing. The permit holder has 24 hours to remove all explosive materials after being notified that their permit has been revoked or suspended. No explosive materials shall be returned to the blasting site unless a new permit is issued or the permit is reinstated after the suspension period has ended or the Township Board of Supervisors or Montgomery County Court of Common Pleas reinstate the permit.
Hearing Procedure. The person subject to charges for violation of a condition of the explosives use permit or of this part shall be provided a copy of the verified complaint and notice of hearing before the Township Supervisors of New Hanover Township. The hearing shall be required to be not less than 10 days nor more than 30 days after receipt of notice unless stipulated in writing by the Township and by the person subject to the charges.
The Board of Supervisors of New Hanover Township may, after the hearing for any person previously issued an explosive use permit act as follows:
The final decision of the Township to revoke or suspend the explosive use permit shall be subject to appeal to the Montgomery County Court of Common Pleas.
Penalty. In addition to the denial, suspension or revocation of a permit issued under this part, any person who shall violate any provision of this part or who shall fail to obtain a permit as required hereunder shall upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this part continues or each section of this part which shall be found to have been violated shall constitute a separate offense. Nothing in this chapter shall from maintaining any appropriate action to prevent or remove a violation of any provision of this part.
[Ord. 07-04, 5/14/2007, § 7; as amended by Ord. 17-03, 3/27/2017]
Chapters 210, Blasters' Licenses, and 211, Storage Handling and Use of Explosives, of Title 25 of the Pennsylvania Code are hereby incorporated by reference. In the event of an inconsistency between Chapters 210, 211 or any other law of the Commonwealth of Pennsylvania and this part, the more stringent regulation shall apply.