The Township 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 Township of Wayne, as well as dangerous to
the structure of homes and other improvements located adjacent to
and in the area undergoing blasting.
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 Department
of Labor and Workforce Development shall be deemed to apply to such
words and phrases used herein.
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 Labor and Workforce Development.
Any person desiring to do blasting or related operations in
the Township of Wayne shall file an application with the Township
Engineer containing the following information: his/her name and address,
the name of his/her insurance company, the amount of insurance, the
type of insurance and the date and number of the State permit.
The permittee shall notify the Police Department and the Township
Engineer prior to blasting. The Township reserves the right to change,
alter or restrict the hour of blasting in the interest of public safety.
If any damage is incurred due to blasting, the Township may
stop the blasting pending an investigation by the State Department
of Labor and Workforce Development. The permittee shall not be permitted
to proceed until approval is obtained from the State Department of
Labor and Workforce Development.
Unless another penalty is expressly provided by New Jersey statutes or by the rules and regulations of the New Jersey Department of Labor and Workforce Development, every person convicted of a violation of a provision of this chapter or any supplement thereto shall be liable to a penalty as indicated in Chapter
1, Section
1-15, Violations and penalties.
The Township Council directs the Township of Wayne Planning
Board and/or Board of Adjustment, as the case may be, to impose reasonable
conditions for approval in all applications where blasting may be
required to prepare or develop the site; the condition to be so imposed
shall include, but shall not be limited to, the following:
A. Requiring as a condition for Municipal Planning Board and/or Board
of Adjustment, as the case may be, approval that the developer agree
on behalf of himself/herself as well as on behalf of his/her blasting
contractor that the developer and his/her blasting contractor will
participate in a preconstruction conference for the purpose of minimizing
the adverse effects of the proposed blasting operation.
B. Requiring as a condition precedent to Municipal Planning Board and/or
Board of Adjustment, as the case may be, approval that the developer
agree on behalf of himself/herself as well as on behalf of his/her
blasting contractor that an on-site observer representing the Township
of Wayne shall be permitted to observe and monitor all blasting operations;
the Township's designated on-site observer shall receive advance
written notice of not less than 24 hours in each instance where blasting
takes place. All costs and expenses associated with the on-site observer
shall be paid by the developer.
Any utility company, its agents, servants and/or employees,
shall be exempt from the provisions of this chapter in connection
with the installation of any equipment necessary for the operation
of the utility, provided that the excavated material resulting from
the blasting shall not exceed 1.5 cubic yards.