[1988 Code § 76-1]
This chapter shall establish operating standards for construction
sites, and shall apply to all new construction projects as well as
expansion or repair of existing buildings and current projects underway
as of the effective date of this chapter.
[1988 Code § 76-2; Ord. No. 2015-06]
As used in this chapter, the following terms shall have the
meanings indicated:
That area, lot or parcel of ground on which any demolition,
construction, reconstruction, alteration, renovation, repair or landscaping
shall take place.
The person or entity who is responsible for the work and
activities at the construction site, including their employees, subcontractors,
day laborers, and suppliers delivering material to the site. In instances
where the property owner is acting as the general contractor, he/she
must carry the overall general contractor responsibility.
A metal or steel container equipped with an attached or detachable
cover to be utilized at the construction site for accumulation of
construction or demolition materials, debris, and other solid waste
from the project.
Duly appointed Code Enforcement Official and the Police Department
serving Cape May Point.
All exterior construction, to include demolition, excavation,
and land grading, repairs, installation and improvement work including,
without limitation, hardscape and landscape work, lot clearing, tree
cutting using chain saws, wood chippers or similar equipment, foundation,
framing, roofing, utilities conducted upon real property, whether
residential or commercial, of any kind and nature and whether done
by a licensed contractor or an unlicensed individual upon private
property. Outside painting without the use of power or motorized tools
and equipment, lawn maintenance (but not landscaping services) and
construction work performed entirely inside of any buildings or structures
are excluded from the definition of "outside construction activities."
[Added 7-11-2019 by Ord.
No. 05-2019]
The person or persons owning the site property wherein the
construction activity is taking place.
Has the meaning ascribed to it in the Motor Vehicle and Traffic
Code of the State of New Jersey, N.J.S.A. 39:1-1, as amended.
[1988 Code § 76-3; Ord. No. 513-06; Ord. No. 607-12; Ord. No. 617-13; Ord. No.
2015-06; Ord. No. 06-2018]
The following standards shall be applicable to all construction
sites within the Borough of Cape May Point:
a.
Dumpsters.
1.
Each construction site is to be equipped with a dumpster of sufficient
size to accommodate all construction debris, trash and refuse accumulated
at the site. The dumpster shall be equipped with a cover so as to
prevent any construction debris, trash or other refuse from escaping
and scattering throughout the neighborhood or construction site. This
cover shall be in place from the end of each workday until the beginning
of the next workday.
2.
The covering of the dumpster must be of sufficient size and made
of such material to prevent rainwater infiltration as much as possible,
and prevent the cover from blowing off due to wind and elements.
3.
To the extent possible, the dumpster must be located on the construction
site or off the pavement or off the Borough right-of-way, rather than
on a paved Borough street.
4.
In the event that the dumpster in its entirety cannot be located
off the street, application shall be made to the Zoning Official for
a temporary permit to allow the dumpster to be entirely or partially
located on the Borough street until the construction site becomes
sufficiently cleared. In such case, each bottom foot or roller of
the dumpster overlying the pavement must rest upon nominal 2 x 12
lumber runners, which shall prevent contact with any pavement at all
times, including pickup and drop-off by the dumpster servicing company.
The dumpster must be equipped with suitable reflectors, plus have
reflective cones on each side on which the dumpster overlies the pavement.
This temporary permit is valid only for the period of actual, ongoing
construction activity.
5.
The dumpster shall be emptied at periodic intervals so as to prevent
overloading, escape of materials contained therein, and to prevent
obnoxious odors or nuisances of any type during the entire period
of construction.
6.
The dumpster must be located a sufficient distance from any storm
drain to insure debris does not clog or enter the storm drainage system.
b.
Building Materials and Landscaping Materials.
1.
All building supplies and materials, as well as landscaping materials
or supplies, which are delivered to the construction site shall be
deposited on the actual construction site to the extent feasible.
If such materials cannot be placed on the actual construction site,
then they may be temporarily placed on the public street, provided
all such materials are removed before dark on the day of delivery.
2.
In those circumstances where an emergency condition occurs which
precludes such material from being removed from the street at the
end of the day, an application shall be made to the Zoning Official
or Police Department servicing the Borough for an emergency temporary
permit that will permit that material to remain in the street overnight,
provided that reflective barricades are put in place warning motorists
of the presence of such material. All such material, in any event,
must be relocated to the actual construction site no later than the
next calendar day, Saturday, Sunday and holidays included.
c.
Semi-Trailers or Special Mobile Vehicles.
1.
Special mobile vehicles used for any purpose in the construction
process or for short-term site storage must be parked on the construction
site if at all possible or feasible. If on-site parking is not feasible,
then such vehicle, provided it be a rubber-tired vehicle or good condition
rubber-padded caterpillar-tread vehicle, with the approval of the
Zoning Officer and the Police Department, may be temporarily parked
on the street near the construction site. In this latter circumstance,
the vehicle must have two reflective cones placed in front and in
rear of the vehicle. Summer weekends should be avoided.
2.
Tow trailers, commonly known as "construction trailers," containing
tools, materials or supplies for contractors and craftsmen, may be
parked at or near the construction site, but only during the period
of actual construction involving the work being performed by the particular
contractor using those particular trailers. All such trailers shall
be removed following completion of their particular phase of the construction.
d.
Portable Toilets.
1.
Every construction site must have one or more portable toilets for
the workers located within the construction property boundaries. They
are not to be located in the street or public right-of-way. Out of
courtesy to the neighborhood, their location should be such as to
minimize adverse aesthetic conditions towards adjoining properties.
2.
The portable toilets shall be serviced weekly so as to prevent any
health hazard, any violation of the public health and public nuisance
codes, including, but not limited to, odors and other obnoxious conditions
and nuisances of any type.
e.
Pile Driving.
1.
Since the Federal floodplain management requirements, together with the Borough Zoning Regulations, Chapter 150 require a ten and one-half (10.5) feet AMSL first floor height, the use of piling for new buildings has become almost standard practice.
2.
In connection with pile-driving operations and demolition of existing
structures, there has often been adverse impact on neighboring properties,
sometimes also on existing curbs, gutters and streets.
3.
Because the Borough of Cape May Point is a rather tight conglomeration
of an average fifty-foot by one hundred-foot (50 x 100) lots, in which
the house footprints normally consume 30% of the lot, it is necessary
that new construction piles be jetted in, and finished with drop hammer
drive for its final two to three feet of penetration to achieve its
required design bearing capacity. The pile installation subcontractor
will be held responsible for those operations and must obtain a pile
installation permit from the Borough Construction Code Official.
4.
In addition, prior to commencement of work, either to sink piles
or demolish a structure, the contractor shall notify the property
owners within a radius of 100 feet of the proposed work via certified
mail return receipt requested at least 14 days prior to and not more
than six months prior to the start date of the proposed work. This
notification shall be sent to the property owners address of record
as provided by the Cape May Point Tax Assessor.
5.
The notification process allows property owners to photograph their
internal structure to verify later pile installation related claims.
f.
Damage to Property. It shall be the responsibility of the pile installation
contractor in the case of pile driving, or a demolition contractor
in the case of demolition of structures, to prevent damage to streets,
curbs, sidewalks, gutters and neighboring properties within the radius
of 100 feet. The municipal court judge shall have authority to order
restitution for any damage done to properties within the radius of
100 feet from either the pile driving contractor or demolition contractor.
g.
Outside Construction Activities.
[Amended 7-11-2019 by Ord. No. 05-2019]
1.
The Borough of Cape May Point is a vacation-oriented community, and
both residents and visitors value quiet enjoyment of the Borough.
In order to further quiet enjoyment of the Borough, allowable times
for outside construction activities will be restricted as set out
below. Engaging in outside construction activities is prohibited during
the following days and times:
(a)
All days between the hours of 6:00 p.m. and 8:00 a.m.
(b)
On Saturdays, commencing on the Saturday of Memorial Day weekend
until and including the Saturday of Labor Day weekend, all hours prior
to 9:00 a.m. and after 3:00 p.m.
(c)
Sundays at all times.
(d)
On the recognized holidays of New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day and Christmas Day at
all times.
h.
Job Site Cleanliness. Contractors are responsible for keeping their
construction sites in reasonable orderly condition by the conclusion
of each working day. Contractors shall keep streets and sidewalks
adjacent to the construction site broom clean and clear of soil, sand,
gravel or other construction waste or debris. The objective is to
avoid neighborhood eyesores, enhance public safety, prevent materials
from entering storm drains, and minimize liability for curious children.
[Amended 7-11-2019 by Ord. No. 05-2019]
i.
Sediment Control. Contractors shall install sediment control measures,
either silt fences or silt socks, on the downhill side of the lot
and along all streets adjacent to the lot during demolition, excavation,
grading, or pile driving.
[Added 7-11-2019 by Ord.
No. 05-2019[1]]
j.
Temporary Electrical Service. In the case of demolition or other
construction resulting in the need for, or suspension of, regular
electrical service to the construction site the contractor shall provide
temporary electrical service to the site via a "saw pole."
l.
Violations and Penalties. Any person who shall violate this chapter or do any act or thing herein prohibited or refuse or fail to do any act or thing required to be done or refuse or fail to comply with any order of any Borough Official authorized to enforce this chapter shall, upon conviction thereof before any judicial officer authorized to hear and determine the matter, be liable to the penalty stated in Chapter 1, § 1-5 for each offense. The Code Enforcement Official and any other and all other aggrieved persons shall have the right of recourse to any and all remedies (whether injunctive, restraining order, mandamus or otherwise) or may hereafter be available by law.
[Amended 7-11-2019 by Ord. No. 05-2019]
