Township of Montville, NJ
Morris County
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[HISTORY: Adopted by the Township Committee of the Township of Montville by Ord. No. 1308 as Ch. 15.24 of the 1998 Code. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. III.
Fee schedule — See Ch. 169.
Land use — See Ch. 230.
Open excavations — See Ch. 265.
Soil movement — See Ch. 308.

§ 103-1 Definitions.

Whenever a term is used in this chapter which is defined by the statutes of the State of New Jersey, the New Jersey Explosives Act, N.J.S.A. 21:1A-128 et seq. or the rules and regulations of the Bureau of Engineering and Safety, New Jersey Department of Labor and Industry, such term is intended to have the meaning set forth in the definition of such term found in said statutes, act or rules and regulations unless a contrary intention is clearly expressed from the context of this chapter.
APPROPRIATE FIRE OFFICIAL
Those members of Montville Township Fire Department assigned to collect and review, for accuracy, documentation relating to any and all blasting activities occurring within the Township of Montville.
PERMITTEE
Any person who has obtained a permit pursuant to N.J.S.A. 21:1A-128 et seq.

§ 103-2 Observance of other provisions.

The provisions of this chapter shall not relieve any person of the duty to observe other and more restrictive provisions as or to be set forth in the statutes of the State of New Jersey, the New Jersey Explosives Act or the rules and regulations of the Bureau of Engineering and Safety, New Jersey Department of Labor and Industry.

§ 103-3 Preblast survey and inspection; blasting plan; fees.

A. 
Prior to the commencement of any blasting activity within the Township, the permittee shall submit a preblast survey, prepared by a responsible firm experienced in such inspections of all properties, dwellings, buildings or accessory structures within a distance of the proposed blasting activity as shall be determined by the Township Engineer. Such survey shall include a sketch map showing the location of the proposed blasting. Said survey shall be made with the consent of each affected property owner. The permittee shall be excused from conducting such survey on any property in the event that an owner shall refuse to grant his consent or shall fail to respond within 10 days of written notification. Such survey shall include photographs of the interior and exterior of affected properties.
B. 
The permittee shall certify, by affidavit provided by the Township Engineer, that all the requirements set forth in Subsection A of this section and other information that the Township Engineer may require have been satisfied.
C. 
Preblast reports and photographs shall be available upon the request of Township officials or any interested party. The fee for the reproduction of the report any/or photographs shall be borne by the party requesting the report and/or photographs.
D. 
All expenses relative to the preblast survey and blasting plan shall be borne by permittee.
E. 
The permittee shall pay the fee set forth in Chapter 169, Fee Schedule, per application.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 103-4 Information to be provided to fire official.

The following information shall be provided to the appropriate fire official:
A. 
A copy of the permit from the State of New Jersey pursuant to N.J.S.A. 21:1A-128 et seq.;
B. 
The name, address and telephone number of the permittee and subcontractors of permittee;
C. 
The name, address and policy number of the insurance company of the permittee and subcontractors of permittee;
D. 
The amount and type of insurance and a copy of the certificate of insurance of the permittee;
E. 
The street address of the property upon which the blasting activity will be conducted, indicating the tax block and lot;
F. 
Upon the fire official's receipt of the appropriate approvals, but prior to the blasting, the proposed dates and times of the blasting activity;
G. 
Appropriate approval of the Township Engineer pursuant to the chapter.

§ 103-5 Notification prior to blasting.

Pursuant to N.J.A.C. 12:190-7.3, the permittee shall provide written notice to the Township construction officials as well as the Township Police and Fire Departments of the intended dates and times of blasting and the specific location of the blasting.

§ 103-6 Insurance requirements; indemnification agreement.

A. 
Blasting and explosion shall be covered during the period of blasting activity by insurance covering the full risk of explosion in an amount and form satisfactory to the Township based upon current risk analysis. Prior to the commencement of any blasting activity, the permittee shall file a copy of a certificate and policy of its blaster's insurance with the appropriate fire official. The Township shall be named as an additional insured.
B. 
Prior to the commencement of any blasting activity, the permittee shall execute an indemnification and hold harmless agreement, in a form acceptable to the Township, indemnifying and holding harmless the Township and its officials, agents and employees from all suits, actions or claims of any character, name and description for trespasses or tortious or negligent acts or faults of the permittee, its agents, subcontractors or employees resulting in any injuries or damages received or sustained by any person or persons or any property in connection with the proposed blasting operations or on account of the permittee's failure to observe the requirements of the statutes of the State of New Jersey, the New Jersey Explosives Act, the Rules and Regulations of the Bureau of Engineering and Safety, New Jersey Department of Labor and Industry or this chapter.

§ 103-7 Conditions for approval.

The Montville Township Planning Board and Montville Township Committee may impose reasonable conditions on approvals in applications where blasting may be required to prepare or develop the site. The conditions to be so imposed shall include, but shall not be limited to, the following:
A. 
Requiring, as a condition for Planning Board approval, that the developer agree on behalf of himself, as well as on behalf of his blasting contractor, that the developer and his 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 for Planning Board approval, that the developer agree on behalf of himself, as well as on behalf of his blasting contractor, that there will be a preblast survey inspection conducted in accordance with the terms of this chapter. The preblast survey/inspection shall be prepared at the expense of the developer and be available to the Township and interested parties. The scope of the adjacent area within which said surveys will be required is to be determined on a case-by-case basis based upon a consideration of relevant factors in each instance as set forth in this chapter.

§ 103-8 Suspension and investigation.

If any damage and/or injuries are incurred due to blasting activity, the Township, in its discretion, may halt all blasting pending an investigation by the State Department of Labor and Industry. No further blasting activity may be conducted until approval is obtained from the State Department of Labor and Industry and the Township.

§ 103-9 Personal injury and property damage.

A. 
If property damage and/or injury occurs as a result of blasting activity, the permittee and/or developer shall file claims with the permittee and/or developer's insurance company within 15 calendar days of the report of the damage or injury to the permittee and/or developer. The permittee and/or developer will respond to the claimant in written form, within a reasonable time after a claim has been filed, as to any actions taken by the permittee/developer in response to the claim.
B. 
If the permittee and/or developer's insurance company does not begin a good faith attempt to settle the claim with the injured party/property owner within 30 calendar days of the filing of the claim, the permittee and/or developer shall join the injured party/property owner in filing a complaint against the developer's insurance company with the New Jersey Commissioner of Insurance.
C. 
If the permittee and/or developer's insurance company does not settle the claim with the injured party/property owner within 60 calendar days of the filing of the claim, the permittee and/or developer shall halt all construction until the claims for personal and/or property damage by the injured party/property owner are settled.

§ 103-10 Violations and penalties.

[Amended 2-28-2006 by Ord. No. 2006-09]
Any person, firm or corporation violating any of the provisions of this chapter shall be subject to such penalties as are provided for in Chapter 1, Article III, General Penalty.

§ 103-11 Enforcing officers.

The Township Engineer or his designee shall be responsible for enforcement of this chapter.

§ 103-12 Exemptions.

[Amended by Ord. No. 2000-9]
A. 
Nothing contained in this chapter shall be construed as applying to the following: military or naval forces of the United States, the duly authorized militia of this or any state, the police or fire departments of this state or municipality, the Water and Sewer Department of the Township of Montville, public utilities companies of the Township of Montville, provided that the same are acting in their official capacity and in the performance of their official duties.
B. 
Nothing contained in this chapter shall be construed as applying to the public display of fireworks, provided that same are displayed in accordance with applicable state statutes and local ordinances.

§ 103-13 Appeals.

Appeals from the determination of the Township Engineer may be made to the Township Committee of the Township of Montville.