[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.]
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.
[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.