[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.]
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.
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.
Any person who has obtained a permit pursuant to N.J.S.A.
21:1A-128 et seq.
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.
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.
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.
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.
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.
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.
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.
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.
[Amended 2-28-2006 by Ord. No. 2006-09]
The Township Engineer or his designee shall
be responsible for enforcement of this chapter.
[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.
Appeals from the determination of the Township
Engineer may be made to the Township Committee of the Township of
Montville.
