§ 51.60. Use of explosives.

(a)

Permit Required. No person shall use explosives within the corporate limits of the city for any purpose whatsoever without first obtaining a permit therefor from the City Council.

(b)

Applications for Permit. Application for a permit required under this section shall be made to the City Manager on forms prepared by him for such purpose.

(c)

Permit Fee. All applications for a permit hereunder shall be accompanied by the fee set forth in Chapter 45 of the Elmhurst Municipal Code.

(d)

Standards for Permit Issuance. No permit required hereunder shall be issued unless the following standards are satisfied:

A statement by the applicant of the purpose for use of explosives; A statement by the applicant that there are no reasonable means or processes feasible, other than the use of explosives to accomplish the stated purpose. Such statement shall include a detailed description of the means or processes, other than by use of explosives, investigated for accomplishing the purpose or result for which the permit is sought and an explanation why no means other than the use of explosives are reasonably feasible.

Evidence, satisfactory to the Chief of Police and Fire Chief, that any and all state and federal permits or licenses for the possession, storage and use of explosives, have been obtained and are currently valid.

A detailed description of the manner in which explosives are proposed to be used including, but not limited to:

i.

the number and frequency of blasts;

ii.

the amount and type of explosive to be used for each blast;

iii.

the weather conditions under which blasts will be conducted;

iv.

the extent of the area which in any way will be affected by the blast, to be shown by maps of such area (which maps shall include a radius or radii from each blasting point) whether from sound, dust, smoke, vibration or debris;

v.

the dates and times and the period or periods over which such blasts are proposed to be conducted.

The names of the persons who are to conduct the blast and if a firm or firms, the names thereof and the names of the persons representing or employed by such firms who are to conduct the blast or blasts.

A plan for notifying emergency personnel or agencies of the blasts, including the number and type of emergency personnel and equipment required in the event of fire or hazards resulting from the use of explosives as proposed.

(e)

Analysis of Application by City Manager. The permit application and supporting information shall be analyzed by the City Manager, assisted by the Fire Chief, Police Chief and Public Works Director. Such analysis shall include:

(i)

a statement as to whether the application satisfies the requirements of this section; and

(ii)

an assessment of the effect of the proposed use of explosives on persons and property and on the health, safety and welfare of the city in general.

After completing his analysis of the application, the City Manager shall determine whether the permit shall be issued based upon both whether the Standards for Permit issuance have been satisfied and his analysis of the application. If the City Manager determines that the permit should be issued, such determination shall be forwarded to the Public Affairs & Safety Committee of the City Council for its consideration of the City Manager's determination. If the City Manager determines that the permit should not be issued, the applicant shall have the right to appeal such decision to the Public Affairs & Safety Committee of the City Council.

The City Manager shall complete his analysis of the application and shall make his written determination not more than thirty calendar days after receipt of a complete application. Appeals to the Public Affairs & Safety Committee shall be made in writing to the City Clerk not more than ten calendar days after receipt by the applicant of the City Manager's written determination that the permit should not be issued.

(f)

Consideration of Application by Public Affairs & Safety Committee. In considering an application recommended for approval by the City Manager, the Committee shall make findings with respect to the following:

(i)

the sufficiency of the application under the requirements of this section;

(ii)

whether reasonably feasible means exist, other than by the use of explosives, to accomplish the intended purpose;

(iii)

the effect of permitting the use of explosives on City personnel and equipment, on property and persons within the City and on the general health, safety and welfare of the City.

(iv)

whether the intended purpose is reasonable given the effect of permitting the use of explosives.

Authorization for Permit. The Public Affairs & Safety Committee shall recommend the issuance of a permit to the City Council if it shall find:

(i)

that the standards for issuance have been satisfied;

(ii)

that no other reasonably feasible means exist to accomplish the applicant's stated purpose;

(iii)

that the benefits of the stated purpose of the use of explosives outweigh the deleterious effects thereof.

If it recommends that the permit be issued, the Committee may place conditions thereon to assure the safe use of explosives and to mitigate the deleterious effects thereof provided however, no permit shall be valid for a period of more than ninety (90) days. The recommendation of the Committee shall be considered by the City Council in the same manner as other Committee reports. If the Committee determines that the permit shall not be issued, it shall state its basis for such denial, which basis shall be supported by the Committee's findings as required herein. The Committee shall render its decision whether to recommend issuance of the permit not more than thirty (30) calendar days after receipt of the City Manager's analysis of and recommendation of the application.

An applicant shall have the right to appeal a decision of the Public Affairs & Safety Committee to deny issuance to the City Council, provided such appeal is made in writing and filed with the City Clerk not more than ten (10) calendar days after the receipt by the applicant of the Committee's decision of such denial.

No reapplication or subsequent application for a permit need be considered by the City unless it shall appear on the face thereof that it is materially different from prior application(s). The City Manager shall make a written determination of any material difference, which determination shall be submitted to the Public Affairs & Safety Committee.

(12/18/95)