18.42.190 Use of Explosives in Development shall require a Conditional Use Permit

A. A Conditional Use Permit shall be required whenever explosive devices are proposed for the purpose of removing, contouring, or clearing land for future development. This includes the removal of rock outcroppings, destruction of overly large boulders that cannot be removed with conventional means, and the lowering of bedrock by blasting of any type. B. Issuance of the Conditional Use Permit will be evaluated on the following criteria: 1. The potential for loud or disruptive noise in the area of the blasting, engineering data indicating the blasting can safely be performed, character of the surrounding properties, and the distance from the proposed blasting site to the nearest structure; and 2. The time and date the blasting is planned to occur. C No Conditional Use Permit shall be issued until: 1. The City has received verification from the fire department and building inspector that the applicant has complied with all state and/or local rules and regulations relating to the use of explosive and blasting; and 2. The developer, individual or entity seeking the permit has notified the property owners and occupants of homes within 300 feet of the blasting area of the time and date the blasting is planned to occur. 3. The following disclaimer has been signed before a notary by the developer, individual or entity desiring to engage in blasting: The permittee agrees to save the City, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any blasting or use of explosives performed under the permit. The issuance and acceptance of any permit under Chapter 18 shall constitute such an agreement by the permittee to this Section (18.42.190.) 4. The applicant has provided evidence of required insurance. D. This Chapter shall neither be construed as imposing upon the City, its officers employees and agents, and liability or responsibility for damages to any person injured by or by reason of the performance of any blasting or use of explosives within the public way, or under a permit issued pursuant to this Chapter; nor shall the City, its officers, officials, employees, agents, volunteers or assigns thereof be deemed to have assumed any such liability or responsibility by reason of inspection authorized hereunder, the issuance of any permit, or the approval of any excavation. (Ord.2003-7(part), dated 6/10/03)