[Adopted as Sec. 13-15 of the 1982 Revised
General Ordinances]
For all permits issued hereunder on and after the date of adoption of these amendments to this article, and for all permits issued at whatever time under the provisions of § 178-24 and/or the precursor section thereto, the following standards shall be applicable to all construction sites within the Borough of Stone Harbor. These standards shall be considered general site standards regarding dumpsters, semitrailers, portable toilets and construction trailers and not construction site standards as provided by the Uniform Construction Code, and no right of appeal afforded under the Uniform Construction Code shall be applicable to this article.
As used in this article, the following terms
shall have the meanings indicated:
A metal or steel container equipped with an attached or detachable
cover to be utilized at a construction site for the accumulation of
construction or demolition materials and debris and for other solid
waste generated on the construction site. The dumpster may also be
made of wood, provided that it is sufficiently durable to permit multiple
loadings and unloadings and to otherwise fulfill the requirements
of this article.
The meaning ascribed to it in the Motor Vehicle and Traffic
Code of the State of New Jersey as that term may be amended and supplemented,
N.J.S.A. 39:1-1. Such definition shall mean every vehicle with or
without motive power, other than a pole trailer, designed for carrying
persons or property and for being drawn by a motor vehicle and so
constructed that some part of its weight and that of its load rests
upon or is carried by another vehicle.
The meaning ascribed to it in the Motor Vehicle and Traffic
Code of the State of New Jersey as that term may be amended and supplemented,
N.J.S.A. 39:1-1 and shall mean every vehicle with or without motive
power, other than a pole trailer, designed for carrying persons or
property and for being drawn by a motor vehicle and so constructed
that no part of its weight rests upon the towing vehicle.
A.
Each "construction site," which shall be defined as any location within the Borough whereupon any person or entity intends to or does perform trade work or landscaping which requires a permit from the Borough Construction Office, shall be equipped with an adequate and suitable receptacle or container for the deposit of construction and demolition debris and other solid waste generated as part of the construction process. Construction debris does not include garbage as defined in Chapter 357, Littering, hereof, which shall be handled in accordance with the provisions of Chapter 357, Littering. The owner and/or contractor can satisfy the requirements hereof by use of a dumpster or other similar device.
B.
A construction site dumpster shall be of sufficient
size to accommodate all construction debris and trash and refuse accumulated
at the construction site, subject to the limitation as hereinabove
described. The dumpster shall be equipped with a cover, and the dumpster
shall be covered as appropriate, and must be covered between the hours
of 6:00 p.m. and 6:00 a.m. prevailing time and during such periods
of time that no representative of the permittee is present at the
location, so as to prevent any construction debris, trash or other
refuse from escaping and/or becoming scattered throughout the general
neighborhood or on the construction site. The covering for the dumpster
must be of sufficient size and made of such material to prevent the
cover from blowing off due to wind or other elements. The surface
on which the dumpster will be placed shall be protected. A sufficient
amount of plywood shall be placed on the surface where the underside
of the dumpster makes contact with the surface to displace weight
and protect the surface.
[Amended 7-15-2014 by Ord. No. 1446]
C.
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
period of construction.
A.
Any construction site which requires the disruption
of water and/or sewer service for a period of more than 72 hours,
or where water and/or sewer service has been disconnected for more
than 72 hours, shall contain at least one and not more than two portable
toilets. The same must be located at least 15 feet back from the curbline
and located on the actual construction site and not on the street
and not on the public sidewalk or area designated for the sidewalk
and the same shall not be located in the public right-of-way.
B.
The location of the portable toilets shall be such
as to minimize adverse aesthetic conditions and to minimize any effect
on any neighboring or adjoining properties.
C.
The portable toilets shall be serviced at regular
intervals so as to prevent any health hazard, any violation of the
Public Health Nuisance Code, including, but not limited to, odors
and other obnoxious conditions and nuisances of any type.
D.
Exception: In the case of construction related to
existing condominiums or multiple-unit structures, this provision
may be waived by the Construction Official upon presentation to the
Construction Official of written proof of access to toilet facilities
on the construction site.
A.
Semitrailers which are used for any purpose in the construction process, including use for storage purposes, must be parked on the construction site, subject however to the provisions of § 178-24.
B.
Under no circumstances may any semitrailer be parked
on the public streets or public thoroughfares at any time commencing
the Friday of Memorial Day weekend through and inclusive of September
15 of each year.
C.
It shall be the duty of the permittee to take all
measures necessary to prevent damage to the public streets or rights-of-way
from any portion of such semitrailer. Any such damage caused shall
be repaired in accordance with a directive of the Construction Official.
Failure to make repairs may result in issuance of a complaint under
this article and under separate authority of the Construction Official.
A.
Trailers commonly known as "construction trailers"
containing tools, materials or supplies for contractors, landscapers
and craftsmen shall be parked immediately in front of or on the construction
sites but only during the period of actual construction and only during
the period of time when the particular contractor or craftsmen utilizing
the trailer is actually engaged in working on the project. All such
trailers shall be removed from the site immediately following the
completion of the construction project or that particular portion
thereof on which a particular contractor or craftsman was engaged.
B.
If such trailer is parked on the street, it must be
parked so as to conform to the requirements of the New Jersey Motor
Vehicle Code, N.J.S.A. 39:1-1 et seq.
C.
On the avenues of the Borough, no construction trailer
shall be permitted to be parked within 50 feet of an intersection.
A.
Application shall be made to the Construction Official
of the Borough of Stone Harbor on a permit application provided by
the Borough for permission to place a construction dumpster or semitrailer
within the Borough of Stone Harbor. All permits issued under this
section shall be prominently displayed upon the construction site
or dumpster or semitrailer in such a manner as to be capable of being
read by the driver of a passing motor vehicle. No permit is required
for use of a construction trailer as herein defined. In the event
that the dumpster, semitrailer or construction trailer cannot be located
on the actual construction site, the same may be located on the street
immediately in front of the construction address subject to the approval
of the Construction Official and the Chief of Police. If the property
fronts on a side street and an avenue, the same shall be placed on
the side street adjacent to the construction site subject to the approval
of the Construction Official and the Chief of Police. Any permit application
for a dumpster or semitrailer to be placed upon the street shall be
accompanied by a fee of $250. There shall be no fee for a dumpster
or semitrailer to be placed on private property. All permitted dumpsters
or semitrailers shall be permitted to remain only during the period
of actual construction.
B.
Dumpsters or semitrailers on the street shall be equipped
with suitable reflectors, warning devices and must be marked with
no less than two reflective cones located to the rear of the dumpster
or semitrailer and two in the front of the dumpster or semitrailer.
Nothing contained within this article shall
be interpreted or construed as relieving any person or entity from
the obligation of complying with all other Borough ordinances regulating
the disposal of solid waste and recyclable materials or the provision
of Borough ordinances related to littering and public nuisance. The
requirements of this article shall be in addition to all such other
requirements and is not intended in place thereof.
A.
Enforcement. Upon notice from the Construction Official
or his representative or a member of the public, a member of the Police
Department may cause a complaint-summons to issue in the name of said
police officer if same has witnessed the offense. In the event that
said police officer has not witnessed the offense, then the Construction
Official or his representative or said member of the public may swear
out a complaint in the presence of the Court Administrator who shall
handle such complaint in accordance with established court procedures.
B.
Penalties. Any violation of any of the provisions of this article shall be subject to the penalties set forth in Chapter 1, Article III, Penalty, of the Borough of Stone Harbor Code. Each day that a violation occurs shall be deemed a separate and distinct violation and shall be punishable accordingly. For purposes of determining whether this is a first offense, the court shall not be limited to violations at a particular construction site but will consider the cumulative record of the offender at any construction site located within the Borough of Stone Harbor in the County of Cape May and State of New Jersey.[1]
