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Borough of Franklin Lakes, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Franklin Lakes by Ord. No. 1026 (Sec. 12-3 of the 1988 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Land use and development — See Ch. 300.
Noise — See Ch. 329.
The Council finds that the effects of blasting in conjunction with land development are detrimental to the health, safety and well-being of the residents of the Borough of Franklin Lakes, as well as dangerous to the structure of homes and other improvements located adjacent to and in the area undergoing blasting.
[Amended 4-21-2015 by Ord. No. 1623]
Whenever any words and phrases are used in this chapter, the meanings respectively ascribed to them in the statutes of the State of New Jersey and the rules and regulations of the New Jersey Division of Public Safety and Occupational Safety and Health, Department of Labor and Workforce Development, shall be deemed to apply to such words and phrases used herein.
[Amended 4-21-2015 by Ord. No. 1623; 12-15-2015 by Ord. No. 1651]
The provisions of this chapter shall not relieve any person of the duty to observe other and more restrictive provisions as set forth in the statutes of the State of New Jersey and the rules and regulations of the New Jersey Department of Community Affairs and the Department of Labor and Workforce Development, including, without limitation, Section 3307 of the International Fire Code.
Any person desiring to do blasting or related operations in the Borough of Franklin Lakes shall file an application with the Municipal Fire Official containing the following information: his name and address, the name of his insurance company, the amount of insurance, the type of insurance, the date and number of the state permit and any other information required by the Municipal Fire Official.
[Amended 12-15-2015 by Ord. No. 1651]
A. 
The permit fee for blasting or use of blasting materials shall be as provided in § 259-7B(2)(g) of the Code of the Borough of Franklin Lakes.
B. 
Permits shall be valid for one week unless sooner revoked.
The permittee shall notify the Police Department and the Municipal Fire Official prior to blasting. The Borough reserves the right to change, alter or restrict the hour of blasting in the interest of public safety.
A. 
The Municipal Fire Official shall review all applications for blasting and where appropriate shall consult with the Municipal Engineer for the purpose of determining whether properties may be adversely affected in any way from blasting. The Municipal Fire Official may require under appropriate circumstances that the applicant conduct a preblast survey and conduct appropriate studies to determine the potential for harm to adjacent properties and methods to be taken to reduce or eliminate this potential harm.
B. 
An applicant, property owner, contractor, developer or subcontractor shall all be responsible for any damage caused by blasting or for any violations of this chapter.
C. 
Certified mail letters shall be issued to all property owners located within 200 feet of the property on which the blasting is to take place. Said letters shall be mailed at least five days prior to the blasting.
D. 
As required by the Uniform Fire Code, all blasters shall have a valid permit from the New Jersey Department of Labor and shall carry all of the insurance coverage required by the Uniform Fire Code.
E. 
Where the Municipal Fire Official feels it is appropriate, he may require test borings in accordance with the recommendations of the Municipal Engineer to determine the amount of rock which must be blasted and removed.
F. 
In addition to any other requirements of this chapter, a blaster shall, prior to the commencement of any blasting, submit to the Municipal Fire Official a blasting plan with the following information. The information is also to be provided in the required letter to property owners within 200 feet.
(1) 
The location of the blasting.
(2) 
The area to be affected by the blasting.
(3) 
The dates and times of all blasting.
(4) 
The approximate amount of rock and other material to be removed.
(5) 
A scheduled completion date.
[Amended 4-21-2015 by Ord. No. 1623]
If any damage is incurred due to blasting, the Borough may stop the blasting pending an investigation by the New Jersey Department of Labor and Workforce Development. The permittee shall not be permitted to proceed until approval is obtained from the Department of Labor and Workforce Development.
[Amended 4-21-2015 by Ord. No. 1623; 12-15-2015 by Ord. No. 1651]
Every person convicted of a violation of a provision under this chapter or any supplement thereto shall be liable to a penalty as set forth in N.J.A.C. 5:70-2.12.