[HISTORY: Adopted by the Mayor and Council of the Borough of Palisades Park 7-17-2001 by Ord. No. 1383. Amendments noted where applicable.]
Whenever a term is used in this chapter is defined by the statutes of the State of New Jersey (The New Jersey Explosive 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, or Chapter 190, Explosives, of Title 12 of the New Jersey Administrative Code, 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.
The provisions of this chapter shall not relieve any person of the duty to observe other or more restrictive provisions as set forth in the statutes of the State of New Jersey, the New Jersey Explosive Act or the rules and regulations of the Bureau of Engineering and Safety, New Jersey Department of Labor and Industry.
Any person desiring to perform any blasting activities or operations in the Borough of Palisades Park shall file an application with the Construction Official.
Such application shall contain the following information:
The name, address and telephone number of the applicant.
The street address of the property upon which the blasting activity will be conducted (including tax block and lot).
A sketch map showing location and extent of the proposed blasting.
The times and dates of the proposed blasting activity.
The original copy of the certificate of insurance.
The issuance date, expiration date and number of the state blasting permit and the name, address and telephone number of the holder, if different than applicant.
The names and addresses of all property owners located within 400 feet of the exterior of lot or boundary line of the property upon which blasting activity shall be conducted.
Blasting and explosion shall be covered during the period of blasting activity by insurance covering the risk of explosion in an amount and form satisfactory to the Borough Attorney based upon current risk analysis. Prior to the issuance of any blasting permit, the applicant shall file an original copy of a certificate of its blasters' insurance with the Construction Official. The Borough of Palisades Park shall be named as an additional insured.
Prior to issuance of a blasting permit, the applicant shall indemnify and hold harmless the Borough of Palisades Park and all its officials, agents and employees from all suits, actions, or claims of any character, name and description of trespasses or tortuous or negligent acts or faults of the applicant, its agents 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 applicant's failure to observe the requirements of the statutes of the State of New Jersey, the New Jersey Explosive Act, the rules and regulations of the Bureau of Engineering and Safety, New Jersey Department of Labor and Industry or this chapter.
The permit fee for blasting or use of blasting materials shall be $100 per day of proposed blasting activity and shall accompany the application. Such fee shall cover the cost of administrative review and engineering or other inspection as may be required. Payment shall be made by check or money order payable to the Borough of Palisades Park.
Permits shall be valid for one year or unless sooner revoked and shall be valid only for the number of days proposed for blasting activity noted in the application. A new application and permit fee must be submitted should the total days of blasting activity exceed the number of days proposed in the initial application.
Prior to commencement of any blasting activity on the site, the permittee shall conduct a preblast survey of all properties, dwellings, buildings or accessory structures within 400 feet of the proposed blasting site or the exterior lot or boundary line of the property upon which blasting activity shall be conducted, and such survey shall be filed with the Construction Official. Such survey shall be made without the consent of each affected property owner and/or occupant of properties. The permittee shall be excused from conducting such survey on any property in the event that any owner or occupant shall refuse to grant his consent, notwithstanding the receipt of certified mail on two occasions of a preblast survey request from the permittee, together with a copy of this chapter. Such survey shall include photographs of the interior and exterior of the affected properties. The preblast survey shall be filed with the Construction Official prior to any blasting activity.
Twenty-four hours prior to the initial blasting, the permittee shall provide written notice of such proposed blasting activity by certified mail, return receipt requested, or personally serve each property owner or occupant within 400 feet of the proposed blasting activity or the exterior lot or boundary line upon which blasting activity shall be conducted. Similar notice shall also be delivered to the Construction Official and Police Department and the Building Department. The notice shall also include the name and address of the permittee's insurance carrier, the procedure for making a damage claim and a blank damage claim form from the permittee's insurance carrier. The certified mail receipts and/or affidavits of service shall be filed with the Construction Official.
Upon the written request of a permittee, the Borough Assessor shall, within seven days, make and certify a list from the current tax duplicates of names and addresses of owners to whom the permittee is required to give notice pursuant to Subsection A of this section. The permittee shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner or occupant not on the list shall not be deemed a violation of this section. A sum not to exceed $2 per name or $20, whichever is greater, may be charged by the Borough for such list.
If any damage is incurred due to blasting activity, the Construction Official in his 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 Borough of Palisades Park.
Upon the expiration of the blasting permit or within 72 hours following completion of blasting activity, whichever first occurs, the permittee shall conduct a postblast survey of all properties, dwellings, buildings or accessory structures within 400 feet of the subject blasting site or exterior lot or boundary line upon which blasting activity has been conducted to determine the existence and/or extent of any and all damage, and the same shall be filed with the Construction Official. The failure to determine or discover the existence of any damage within such seventy-two-hour period shall not be deemed to constitute a waiver should any claim be made subsequent to the expiration of such period.
Any person violating any provision of this chapter or any supplement thereto shall be liable for a penalty of not more than $1,000; imprisonment for a term not to exceed 90 days; and/or a period of community service not to exceed 90 days, in the discretion of the Judge. Each violation shall constitute a separate offense for each day it continues. Such fine shall be in addition to any state and/or federal penalties.
The Construction Official, or his designee, shall be responsible for the issuance of permits as well as the administrative and legal enforcement of this chapter.
Nothing contained in this chapter shall be construed as applying to the military or naval forces of the United States or the duly authorized militia of this or any state, nor to the Police or Fire Department of this state or municipality, provided that the same are acting in their official capacity and in the performance of their official duties.
Nothing contained in this chapter shall be construed as applying to the public display of fireworks, provided that the same are displayed according to applicable state statutes and local ordinances.