[HISTORY: Adopted by the Board of Commissioners of the Township
of Pocono 10-22-2018 by Ord. No. 2018-16. Amendments noted where applicable.]
The following words and phrases shall have the meanings given
to them on this section, unless the context of the chapter clearly
indicates otherwise:
A.
Required. No person shall perform blasting within the Township without
first obtaining a permit to do so from the Zoning Officer or Building
Inspector, unless such work is performed in response to an emergency,
under the direction of the Fire Marshal or Code Enforcement Officer.
B.
Applications. A contractor shall apply for a blasting permit to the
Zoning Officer or the Building Inspector by tendering payment of the
application fee required and by complying with the following:
(1)
The contractor shall make application on the form provided by the
Township.
(2)
The contractor shall submit detailed plans and specifications for
all work that requires blasting or the use of explosives.
(3)
The contractor shall submit a bond or certificate showing that the
contractor is insured for underground blasting and collapse with an
insurance company licensed by the commonwealth to adequately compensate
for any damage to Township property, public improvements, private
property or personal injury. The amount of such bond or certificate
shall be not less that $1,000,000 to cover property damage and $1,000,000
to cover bodily injury damage. The contractor shall also submit a
certificate of workers' compensation insurance as mandated by
the commonwealth. The Township Manager may increase the amount of
the bond or certificate if, in his or her judgment, it is necessary
to adequately protect the safety of persons or property. The bond
or certificate of insurance shall contain a provision that coverages
afforded under the policy will not be canceled until at least 15 days'
prior written notice of such cancellation has been given to the Township.
(4)
The contractor who will be performing the blasting work must present
a license for such use issued by the commonwealth when making application
for a permit, and the contractor shall have the license available
on site for inspection at all times explosives are used or handled.
(5)
A list of surrounding property owners within 1,320 feet of the site
where blasting is proposed shall be submitted.
(6)
The contractor shall fully disclose on the permit application the
type and weight of any explosive to be used. If, after the issuance
of the permit, the type or weight of an explosive is changed, the
contractor shall inform the Zoning Officer or Building Inspector of
such change.
(7)
The contractor shall submit a report prepared by a professional geologist
or engineer licensed to practice in the commonwealth and containing
specific recommendations for blasting and certifying that the blast
plan will not produce a peak particle velocity greater than allowed
by this chapter. The report shall include the amount of charge, firing
times, ground velocities, accelerations and displacements, effects
on adjacent structures and a field-monitoring program. Should the
report indicate potential damage to existing facilities, the Township
may disallow all blasting operations.
C.
Application review; preliminary approval. The Zoning Officer or Building
Inspector or his or her duly authorized representative shall review
the application to ensure compliance with this chapter. The Zoning
Officer or Building Inspector shall issue preliminary approval or
inform the applicant in writing of the reasons for denial thereof
within five working days upon issuance of preliminary approval. The
contractor is authorized to proceed with notification and inspection
of properties within 1,320 feet. Should the Zoning Officer or the
Building Inspector refuse to issue preliminary approval, the applicant
may appeal to the Board of Commissioners.
D.
Permit issuance. The contractor shall submit a letter certifying
that all applicable property owners were notified and inspections
completed. The contractor shall also submit copies of all inspection
reports. If all is found to be in order, the Zoning Officer or Building
Inspector will issue the permit within five working days.
E.
Revocation. Every permit issued under this chapter is subject to
the right, which is hereby expressly reserved, to revoke the same
should the contractor violate any of the provisions of this chapter.
The permit may be revoked only by the Board of Commissioners after
a hearing at a public meeting. The contractor shall be given at least
10 days' notice of such hearing, and at such hearing may call
witnesses and present evidence in support of his or her position.
F.
Duration. A permit shall be valid for 90 days from the date of issuance
and shall be valid only for the job indicated in the plans and specifications
submitted as part of the permit application.
G.
Fee. The fees for blasting permits shall be set by the Board of Commissioners.
The contractor shall provide written notice by regular mail
and certified mail return receipt requested on company letterhead
to all property owners with 1,320 feet of the blasting area at least
60 days prior to the commencement of blasting. The notification shall
advise the property owners that a pre-blast survey will be conducted
to inspect, free of charge to the property owner, all structures on
the property for structural integrity and the condition of existing
wells, including sampling of well water, driveways, culverts, aboveground
facilities, subsurface materials, and disposal systems, before blasting
commences. The name, address and telephone number of the contractor
shall be listed on the notification. The notice must also include
the dates blasting will occur and an explanation of how the blast
will be preceded by the sounding of a horn. The contractor shall inspect
and document the condition of all structures and existing physical
features. The inspection must include an assessment of the condition
of any existing wells and on-lot sewage disposal systems. As part
of this assessment, a sealed sample of well water must be obtained
before blasting commences. The sealed sample will be held for a minimum
of 30 days after blasting ceases, and it will be used to compare to
post-blast water quality should a concern arise as a result of the
blasting. Copies of all inspection reports must be submitted to the
property owner and Township 48 hours in advance of the blasting.
If a contractor is required to perform blasting work to respond
to an emergency, at the direction of the Fire Marshal, Zoning Officer
or Building Inspector, he or she is not required to obtain a permit
or to give notice to property owners as required by this chapter.
All other provisions of this chapter shall be followed.
A.
The contractor shall observe all Township ordinances and state and
federal laws and regulations relating to blasting and to the transportation,
storage, handling and use of explosives.
B.
All blasting or other blasting operations must be conducted during
daylight hours, Monday through Saturday, after 7:00 a.m. and before
dusk, except when authorized at other times by the Township Manager.
In this instance, only the Manager, and not any designee or other
person, may give such authorization.
C.
Contractors using explosives shall at all times have a current explosives
license from the Commonwealth of Pennsylvania on the work site and
permit examination thereof.
D.
Where blasting is permitted, explosives shall be kept on the site
only in such quantity as may be needed for the work underway and only
during such times as they are being used.
E.
Explosives shall be stored and transported in a secure manner, separate
from all tools and flammable substances.
F.
Caps or detonators shall be safely stored at least 100 feet from
the explosives.
G.
When the need for explosives has ended, all such explosive materials
remaining at the job site shall be promptly removed from the premises.
An inventory of all used and unused blasting materials shall be maintained
by the blaster and made available upon request.
H.
At the end of the workday, all spent blasting wires shall be removed
from blast holes and the surrounding work area.
I.
Each blast shall be designed (as to the number, size, depth and spacing
of holes, together with the amount of explosives and stemming) to
keep effects such as fly rock, vibrations and noise levels to a minimum.
J.
Each blast shall be designed to ensure that the peak particle velocity
does not exceed 0.25 measured at the property line of the nearest
existing structure or 0.5 at the boundary of the blasting site, whichever
is less.
K.
All operations involving explosives shall be conducted by licensed
personnel only, with all possible care taken to avoid injury to persons
and damage to property.
L.
Blasting shall be done only with such quantities and strengths of
explosives and in such manner as will break the rock approximately
to the intended lines and grades and yet will leave the rock which
is not to be excavated in an unshattered condition.
M.
Care shall be taken to avoid excessive cracking of the rock upon
or against which any structure will be built and to prevent damage
to existing pipes or other structures and property above or below
ground.
N.
Rock shall be well covered with logs, blasting mats, or both, where
required.
O.
Contractors shall give sufficient warning to all persons in the vicinity
of the work by sounding a horn twice for a two-second duration, two
seconds apart, 180 seconds before a charge is exploded; and again
once for a three-second duration, 60 seconds before a charge is exploded.
Contractors shall employ persons to stop or direct traffic as required.
The horn must be loud enough to be clearly identified 800 feet from
the blast.
P.
All blasting effects shall be monitored in the field by an independent
professional engineer or geologist experienced in blasting procedures
and in monitoring such procedures. Such monitoring shall include,
but not be limited to, seismographic and overpressure monitoring.
Upon completion of blasting, a report must be submitted to the Zoning
Officer or Building Inspector detailing the effect of each blast.
Q.
Rock and pipe trenches where blasting is proposed shall be excavated
to limits as shown on the plans and specifications submitted with
the permit application.
R.
All blasting areas within 300 feet of detonation shall be properly
posted. At appropriate distances, the contractor shall post signs
warning all persons using the public highways against the use of mobile
radio transmitters.
S.
No blasting shall be performed during the period of any threatened
electrical storm.
Any person or persons, firm, corporation or utility violating
any of the provisions of this chapter shall be subject to a criminal
fine not to exceed $1,000 per violation and imprisonment of such person
or persons or members of such copartnership or the officer of such
corporation or utility responsible for such violation, to the extent
allowed by law for the punishment of summary offenses. Enforcement
of any such violation shall be by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Each excavation or blast in violation of this chapter shall constitute
a separate violation.
If a court of competent jurisdiction declares any provisions
of this chapter to be invalid in whole or in part, the effect of such
decision shall be limited to those provisions expressly stated in
the decision to be invalid, and all other provisions of the Zoning
Ordinance shall continue to be separately and fully effective.
All provisions of Township ordinances and resolutions or parts
thereof that are in conflict with the provisions of this chapter are
hereby repealed.
This chapter shall be effective five days after the date of
passage.
