[HISTORY: Adopted by the Town Council of the Town of Millville 5-8-2007 by Ord. No. 07-03; amended in its entirety 8-27-2019 by Ord. No. 20-01. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 48.
Dangerous buildings — See Ch. 54.
Moving of buildings — See Ch. 58.
Noise — See Ch. 97.
As used in this chapter, the following terms shall have the meanings indicated.
BUILDING
A structure enclosed within exterior walls, built, erected, and framed of a combination of materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals, equipment, or property.
CONSTRUCTION
The process of placing of building materials in their permanent position, fastened in a permanent manner, including clearing, dredging, excavating, and grading of land, interior or exterior work on any building or dwelling, and the demolition or removal of an existing structure begun preparatory to rebuilding; provided that in all cases diligent work shall be carried out until the completion of the building or structure.
CONSTRUCTION ACTIVITY
Any part or stage of the construction.
PERSON
An individual, firm, partnership, corporation, company, association, syndicate, or any legal entity, whether he, or she, or it is acting for himself, or itself or as an employee, agent, or representative.
STRUCTURE
Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground.
[Amended 12-14-2021 by Ord. No. 22-01]
A. 
No construction activity, site preparation, site disturbance, excavation, or other similar construction shall be carried on except on the days and hours (at prevailing time) as follows:
(1) 
September 1 to May 15:
(a) 
Monday through Friday: 8:00 a.m. to 6:00 p.m.
(b) 
Saturday: 8:00 a.m. to 4:00 p.m.
(2) 
May 16 to August 31:
(a) 
Monday through Friday: 7:30 a.m. to 6:00 p.m.
(b) 
Saturday: 8:00 a.m. to 4:00 p.m.
B. 
No delivery and supply of construction materials, removal of refuse from a construction site, or the starting up of engines of mechanized construction equipment or vehicles shall be carried on except one hour before, one hour after, and during the hours permitted for construction activity.
C. 
However, this chapter shall not apply to a homeowner working within that homeowner's property boundaries, provided that such work is done by the homeowner or immediate family members and the property is used exclusively by the homeowner or his family and guests as the dwelling of the property.
[Amended 12-14-2021 by Ord. No. 22-01]
A. 
No person shall perform any construction activity, the delivery and supply of construction materials, removal of refuse from a construction site, the starting up of engines of mechanized construction equipment or vehicles, site preparation, site disturbance, excavation, or other similar construction on Sunday.
B. 
No person shall perform any construction activity, the delivery and supply of construction materials, removal of refuse from a construction site, the starting up of engines of mechanized construction equipment or vehicles, site preparation, site disturbance, excavation, or other similar construction on the following holidays:
(1) 
New Year's Day;
(2) 
Memorial Day;
(3) 
Fourth of July;
(4) 
Labor Day;
(5) 
Thanksgiving Day; and
(6) 
Christmas Day.
The Code and Building Official or the Town's Engineer may grant permission, including conditions, to the property owner or general contractor responsible for the construction project to work on prohibited days and hours otherwise prohibited in this chapter for the construction activities related to the installation of water, sewer and stormwater infrastructure, on a case-by-case basis and upon a showing of reasonable need.
The Code and Building Official or the Town's Engineer may grant permission to the property owner, or general contractor responsible for the construction project, to work on prohibited days and hours as listed in this chapter should emergency situations arise requiring immediate attention, such as repairing storm damage to weatherproof a structure, secure an unsafe structure, or utility repair.
A. 
Any person violating any provision of this chapter shall be subject to such penalties and pay such fines as set forth in Chapter 1, Article II, General Penalty.
B. 
Any person that shall have been found to have violated the provisions of this chapter on three occasions shall, in addition to other applicable fees and penalties, have his/her/its license(s) to do business in the Town revoked.