Collier County |
Code of Ordinances |
Chapter 55. EXPLOSIVES |
Article I. REGULATION OF EXPLOSIVES AND CERTAIN EXPLOSIONS |
§ 55-7. Permit application review procedures.
(a)
Upon submittal of a complete application to the office of the engineering services director, processing of the application will commence, except that:
(1)
A field review of the site may be required at the discretion of the county manager or designee.
(2)
Checks may be performed by law enforcement officials on all permit requests and on the user, blaster, or handler.
(b)
Pre-blast inspections required.
(1)
Prior to detonation of explosives a list of all pre-blast inspections performed shall be provided to the engineering services department. Pre-blast inspections are required for structures if one of the following conditions has been satisfied:
a.
If the structure is within a distance of 200 feet times the square root of the charge away from the blast, as illustrated by the following formula:
D= 200 x W ½
(Where "D" equals the distance in feet and "W" equals the weight of the charge in pounds of explosives per delay.)
b.
If the structure is within 500 feet of the blast permitted for any size charge.
(2)
Pre-blast inspections shall be conducted by an independent seismologist, vibration engineer, structural engineer, or their representative. The pre-blast survey inspection shall consist of complete documentation of all visible interior and exterior defects observed at the structure. The inspection documentation shall be prepared on 8½ by 11 or 8½ by 14 sheet(s) of paper. The date of the inspection must be indicated on the documentation.
Interior and/or exterior 35 mm photographs of the structure and appurtenances containing defects must be identifiable as to the location and date taken.
A list of all pre-blast surveys shall be received by the engineering services department no later than five days prior to the planned commencement of blasting. A location map indicating the streets and structures involved shall be submitted together with this list.
(c)
Pre-blast notification required.
(1)
The applicant shall provide written notification to residents who have not received a pre-blast inspection of the pending blast at least ten days prior to the commencement of the initial blast. The notification brochure shall be mailed or placed on the front door of each individual residence within the notification radius. A list of the property owners who were notified shall be furnished to the county prior to blasting.
(2)
Notification shall be distributed to all properties containing structures within a radius calculated for a scaled distance of 200 feet, plus an additional 50 percent.
(3)
The written notification shall describe the blasting which will take place, its effect on the residents, their ability to obtain a pre-blast survey and how to contact the user or his or her representative with any blast related complaints or claims. Property owners shall be given a five-day window to respond to the availability and their desire to obtain a pre-blast survey.
(4)
If blasting is suspended in an area for a period of 90 days or longer, renotification of all, residents within the radius calculated for a scaled distance of 200 feet plus an additional 50 percent shall be accomplished at least seven days prior to the re-commencement of blasting.
(d)
Within ten working days after an application has been fully completed, as determined by the engineering services director, or his designee, and submitted to the engineering services director, or his designee, the engineering services director, or his designee, shall:
(1)
Approve the application and issue a permit with such conditions, if any, which may be deemed necessary; or
(2)
Notify the permit applicant, in writing, of the reason(s) for the delay or denial of the permit.
a.
If a delay is necessary, the reason(s) for the delay and any additional required application information necessary to meet the purpose and requirements of this Article shall be explained to the applicant, in writing, and shall be forwarded by certified mail, return receipt requested;
b.
If additional required information consistent with the intent and purpose of this article is requested and is not supplied by the applicant within 30 days after being notified, the notification of delay shall constitute a notice of denial.
(3)
When a permit application has been denied by the county manager or designee or when a permit has been issued subject to conditions, the applicant may appeal such decision by filing a written notice of appeal with the board, with a copy to the county manager or designee, within ten working days after notification of such denial or conditions. Within 45 days a public hearing shall be scheduled before the board at which time the board shall review those facts presented by the applicant and the county manager or designee and shall thereafter determine whether the application is sufficient and in compliance with the provisions of this article. Thereafter, the board shall either render a decision upholding the decision of the county manager or designee or shall direct the county manager or designee to issue the permit with such stipulations, if any, as may be deemed necessary by the board.
(Ord. No. 04-55, § 2.D.)