This section shall be known as the "Construction Sites Standards
Ordinance."[1]
As used in this section:
Any activity carried out on a construction site whether a construction
permit is required or not; which includes, but is not limited to,
the construction, repair, or alteration of a new or existing building
or structure including the delivery to the construction site of building
materials and supplies;
The construction of the foundation, pilings, excavation, and
including the construction, erection, framing, assembly of building
materials including the use of power and/or hand tools and equipment,
mechanized equipment of any type; and
The completion of all exterior and interior work designed to
lead to the issuance of a certificate of occupancy or a certificate
of approval by the Borough Construction Official when either such
certificate shall be required.
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"Construction activity" includes all phases of the building,
alteration, remodeling, demolition and reconstruction of property;
it shall also include site construction such as landscaping construction,
hardscape, decorative pavers, paving and sidewalks. It shall also
include minor work for which a construction permit is required and
ordinary maintenance for which a construction permit is not required
including all interior work such as painting and carpentry and as
defined by the New Jersey Department of Community Affairs (See Appendix
A of this chapter).[1]"Construction activity" shall not include routine landscape
maintenance as defined herein.
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That area, lot or parcel of ground on which any demolition,
construction, reconstruction, alteration, renovation, or repair shall
take place.
See definition at Subsection 8-16.3 of this Code.
See § 20-2.16 of this chapter.
The person or entity who is in actual charge and actually
conducting any of the activities at the construction site including
the agents, servants and employees of such person or entity. The term
shall include any subcontractor or other craftsman working on the
project. This term shall also include the construction manager or
his/her designee.
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.
Any operation in which earth, rock, or other material in
the ground is moved, removed, or otherwise displaced by means of any
tools, equipment, or explosive, and includes but is not limited to
drilling, grading, boring, milling to a depth greater than six inches,
trenching, tunneling, scraping, tree and root removal, cable or pipe
plowing, fence post or pile driving, and wrecking, razing, rending,
or removing any structure or mass material, but does not include routine
residential property or right-of-way maintenance or landscaping activities
performed with nonmechanized equipment, excavation within the flexible
or rigid pavement box within the right-of-way, or the tilling of soil
for agricultural purposes to a depth of 18 inches or less. [Source:
N.J.S.A. 48:2-75]
That time period commencing on the third Monday in June through
and including the second Sunday in September and including Memorial
Day and the immediately preceding Saturday and Sunday.
Any work using mechanized equipment performed to implement
an approved landscape plan, installation of sod, bushes, shrubs, flowers
and other vegetation, installation of irrigation systems, decorative
pavers, masonry work, the removing of trees or part thereof, shrubs
and the removal or replacement of vegetation, and other activity of
the same or similar nature. It shall also mean the clearing of any
lot.
Work performed on a periodic schedule and which can generally
be completed within a reasonably short period of time. It shall include
work such as grass cutting, weed control, trimming or pruning of bushes,
shrubs or plants or other vegetation. It shall also include the mulching
of beds for flowers or other vegetation. It may also include the removing
of trees or part thereof, shrubs and the removal or replacement of
vegetation provided that there is no use of mechanized equipment.
Routine landscaping or maintenance shall not include those activities
specified under "landscape construction."
Equipment powered by a motor, engine, or hydraulic, pneumatic
or electrical device, including but not limited to hand tools of any
type, trenchers, bulldozers, power shovels, augers, backhoes, scrapers,
drills, cable and pipe plows, and other equipment used for plowing-in
cable or pipe, but does not include tools manipulated solely by human
power. [Source: N.J.S.A. 48:2-75]
The time period commencing on the Monday after the second
Sunday in September through the Sunday before the third Monday in
June.
The person or persons owning the real property wherein the
construction activity is taking place. The term shall include partnerships
of any type, corporations, limited liability companies, trusts and
estates or any combination thereof.
See definition at Subsection 8-16.3 of this Code.
See definition at Subsection 8-16.3 of this Code.
See definition at § 8-16 of this Code.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
a.
Each owner, contractor, subcontractor, craftsman and their agents,
representatives, affiliates and employees shall be required to comply
with the requirements and provisions of this chapter pertaining to
construction site standards. Each of the named individuals shall be
jointly and severally liable and responsible for complying with all
provisions of this chapter.
c.
A chart summarizing construction activity, specifying times, days
and seasons for certain work, and other construction-related issues
is set forth in Appendix B of this chapter[1] and is hereby incorporated herein.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
a.
Every construction site shall be equipped with a dumpster and it
shall be of sufficient size to accommodate all construction debris
and trash and refuse accumulated at the construction site; unless
it is cosmetic work or there is only 10% or less of structural work
being done, then the project is of such minimal impact and duration
that it would be unreasonable to require the placement of a dumpster.
The percentage will be measured from the total square footage of the
dwelling. This provision shall in no way relieve the owner or contractor
from the other requirements of this section or applicable codes and
regulations. The dumpster shall be equipped with a cover and the dumpster
shall remain covered at all times, except during construction activity,
so as to prevent any construction debris, trash or other refuse from
escaping and becoming scattered throughout the general neighborhood
or on the construction site. During wind and rain events or other
weather conditions the dumpster shall remain covered even during construction
activity in order to prevent any construction debris, trash or other
refuse from escaping and becoming scattered throughout the general
neighborhood or on the construction site.
b.
The covering for the dumpster must be of sufficient size to prevent
the cover from blowing off due to wind or other elements.
c.
To the extent possible, the dumpster must be located on the actual
construction site.
d.
A permit application shall be provided by the Borough for permission
to allow the dumpster to be located on the street. Such permit shall
be accompanied by a fee of $250. The dumpster shall be permitted to
remain on the street only during the period of actual construction.
The dumpster must be equipped with suitable reflectors, warning devices
or it must be marked with no less than two reflective cones located
to the rear of the dumpster and two in the front of the dumpster.
[Amended 6-14-2023 by Ord. No. 862-2023]
A temporary construction fence (sometimes known as a "silt fence")
shall be required at each construction site under the following circumstances:
a.
The construction of a new building or structure or the elevation
of an existing building or structure. In the case of elevating an
existing building or structure special requirements for a safety fence
shall apply as herein described.
[Amended 6-14-2023 by Ord. No. 862-2023]
b.
Construction of foundation and pilings;
c.
The major renovation of an existing building or structure;
d.
The installation of an in-ground swimming pool;
e.
Installation of a bulkhead or the replacement thereof;
f.
Construction of an addition to an existing building or structure
where such addition measures 250 square feet or more;
g.
Any excavation to a depth of two or more feet or other ground disturbance
involving 20% or more of the total area of the lot on which such activity
is taking place or proposed.
h.
The elevation of any building or structure on any lot shall require, in addition to the construction fence described in § 20-2.7 hereof, a second safety fence of the same type and dimensions as required for the installation of in-ground swimming pools, to be placed around the perimeter of the raised building or structure, or at some other location on the property as determined by the Code Enforcement Official. Such safety fence must be in place at all times when construction activity is not occurring or after hours or at any other time when the property is unattended. (Cross reference: § 20-5.6a and b.)
[Added 6-14-2023 by Ord. No. 862-2023]
a.
When required, a construction fence shall be constructed of plywood
and measure two feet in height measured from grade and installed around
the entire perimeter of the construction site or area of disturbance;
provided, however, that one side of the construction site which fronts
on a public street may remain open without a construction fence in
order to allow ingress and egress by contractors and equipment.
b.
A construction fence shall be required during all phases of the construction
of the principal structure or use and any accessory structures or
use including any swimming pool. Only one such fence shall be required
at each construction site for the duration of all construction activity.
c.
Exceptions:
1.
Wherever there is an existing solid fence or another structure such
as a bulkhead on the construction site and which is made of wood or
vinyl or some other similar material and which is in good repair,
and would serve the purpose of a construction fence, and which measures
two or more feet measured from grade, such existing fence or other
structure or bulkhead may be used as a substitute construction fence
on one or more sides of the construction site, provided that such
fence or structure remains in place throughout the construction process
as defined above.
2.
For the installation, repair, or replacement of a bulkhead, a construction
fence shall only be required on two sides, and the sides fronting
on the street and the waterfront may be left open for access by contractors
and equipment.[1]
3.
When a construction site has both the front and rear property lines
fronting on a public street or thoroughfare, then a construction fence
shall only be required along the two sides which comprise the side
property lines. On corner lots which have frontage on two public streets,
the contractor or owner shall specify the point of ingress and egress
which may remain open, but the remaining three sides shall have construction
fences along the perimeter.
[Added 1-8-2020 by Ord.
No. 796-2020]
a.
A construction fence shall not be required under the following circumstances:
1.
The removal of an existing roof and installation of a new roof on
an existing building or structure;
2.
The removal of existing siding and installation of new siding or
windows on an existing building or structure as distinguished from
new construction;
3.
Exterior painting of the principal building or structure, including
any accessory building or structure;
4.
Installation of curbs, sidewalks, and driveways, including the installation
of decorative pavers;
5.
Installation or replacement of landscaping;
6.
Routine landscape construction or maintenance, including the installation/replacement
of sod or irrigation systems;
7.
Ordinary maintenance work in the nature of minor repairs or ordinary
maintenance. [See Appendix A of this chapter describing "minor work"
by the New Jersey Department of Community Affairs.][1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
8.
Demolitions, except when otherwise required by the Construction Official
or Code Enforcement Official pursuant to this subsection.
b.
However, the Construction Official or the Code Enforcement Official
may, in the exercise of his judgment and discretion, require the installation
of a construction fence, even after construction activity has begun,
whenever it shall reasonably appear that the construction activity
is producing, or likely to produce, dust, dirt, debris or other similar
type material which will migrate from the construction site and impact
neighboring property or other property in the vicinity of the construction
activity. This is especially needed in those areas which are known
to be environmentally sensitive, including, but not limited to, wetlands,
dunes, high dunes, beach areas where there is a recognized protected
habitat for wildlife or fauna, and waterfront properties.
c.
When directed by the Construction Official or the Code Enforcement
Official to install a construction fence, then such fence shall be
installed prior to the start of the construction activity or, if such
activity has already commenced, such activity shall cease and desist
immediately and shall not resume until the construction fence has
been installed.
a.
If the construction site contains one or more portable toilets, the
same must be located at least eight 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 and
Nuisance Code or any other law or regulation, including, but not limited
to, odors and other obnoxious conditions and nuisances of any type.
a.
All building supplies and building materials as well as any landscaping
materials or supplies when delivered to the construction site shall
be deposited on the actual construction site except as otherwise permitted
in this section.
b.
In extenuating circumstances, and only during the period of construction
of a new principal structure, or the alteration or renovation of an
existing structure, and landscape construction in conjunction therewith,
certain building materials and supplies, including dirt, mulch, stone,
lumber, and cement block, may be placed temporarily in the area of
the construction zone for a time not to exceed 24 hours, that is until
the next calendar day, Saturday, Sunday, and holidays included, following
which such materials must be removed from the street and located on
the actual construction site. Any placement of such materials on the
street shall first require notification to and the permission of the
Code Enforcement Official. Before placing any such materials on the
street, the contractor must take suitable precautions, subject to
the approval of the Code Enforcement Official and the Director of
Public Works and Utilities, to protect the street surface from damage.
In all other cases that involve landscape construction or landscape
maintenance, any materials associated with such activity must not
be placed in the street, even temporarily, but must be located on
the actual work site.
c.
Whenever the street is damaged at any construction site as a result
of any construction activity, or as a result of the parking or placement
of construction vehicles, machinery, equipment, building materials,
or otherwise, the owner and contractor shall be jointly and severally
liable for the repair of any such damage, and all required repairs
shall be completed in accordance with Borough standards and under
the direction of the Borough Engineer and Director of the Borough
Department of Public Works and Utilities.
a.
Semitrailers and all trailer-type vehicles which are used for any
purpose in the construction process, including use for storage purposes,
must be parked as follows:
1.
In-season: Under no circumstances may any semitrailer or any trailer-type
vehicle, including construction tool trailers, be parked on the public
streets or public thoroughfares at any time during the in-season as
defined in this chapter; provided, however, that such trailers may
be parked on the actual construction site or in the construction zone.
If not parked or located in either of such areas, the same must be
removed from the street and may not return thereto until the time
scheduled for the resumption of construction activity. Such trailers
may, however, be parked at construction sites and in the immediate
vicinity thereof during those hours and times that construction activity
is permitted. Under no circumstances may the area of the public sidewalk
or any part thereof be blocked. For purposes of this chapter, the
term "immediate vicinity" shall mean within a distance of 200 linear
feet from the construction site.
2.
Off-season: Except when and where a construction zone has been established
pursuant to this chapter, the in-season parking restrictions shall
not apply.
Trailers commonly known as "construction tool trailers," as defined in Chapter 8 of this Code, may be parked at construction sites as hereinafter provided.
a.
In-season:
1.
During the in-season and before and after the hours when construction
activity is permitted, construction tool trailers must be parked on
the actual construction site or in the construction zone. In no event
shall any such trailer(s) block the area of the sidewalk or any portion
thereof. If such trailers cannot be located therein, then such trailers
shall be removed from the street until such time as construction activity
is permitted to resume.
2.
During the hours when construction activity is permitted, such trailers
may be parked either: (1) on the actual construction site; or (2)
in the construction zone; and (3) on the street in the immediate vicinity
of the construction site, that is, within 200 linear feet of the construction
site.
Nothing contained within this section 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. The requirements of this
section shall be in addition to all such other requirements and are
not intended in place thereof.
The following provisions shall apply to each construction site
in the Borough of Avalon:
a.
The owner and general contractor and project manager, if there be
one, shall jointly and severally be responsible to maintain the construction
site under their control in such a manner as to minimize any negative
impact, inconvenience or nuisance upon neighboring residents and to
comply with all of the provisions of this chapter. This requirement
shall extend to and apply to all subcontractors and other persons
or entities working on the construction site.
b.
Traffic: All construction vehicles must obey all traffic laws as
specified in Title 39 of the New Jersey Statutes.
c.
Tools: To the extent that tools and equipment are available commercially
that reduce noise, dust, and pollution of any kind, such tools shall
be utilized by all persons and entities working on the construction
site. If an attachment is available for such equipment to eliminate
or reduce dust and pollution, such an attachment shall be utilized.
If such attachment is available and not used, the construction project
may be subject to the stop-work provisions of this chapter.
d.
Litter and debris: All litter, trash, debris, waste, and construction
materials intended to be discarded shall be deposited into a dumpster
at the end the workday and adequately secured. Any such materials
likely to blow away and go onto adjoining properties must be deposited
into the dumpster throughout the day in order to prevent any such
occurrence.
e.
Personal conduct: Language that is crude, vulgar, obscene, and otherwise
inappropriate should not be used so as to avoid causing annoyance
or embarrassment to surrounding neighbors. Radios and similar devices
shall never be used prior to or after the designated hours for construction
activity. At all other times, such devices shall be modulated so that
the same are not audible off the subject property.
f.
Trespassing: To the extent that use of a neighboring property is
necessary to gain access to portions of the construction site, such
as to use equipment to install a swimming pool or any other accessory
use, and the setbacks do not provide sufficient access, a construction
permit shall not be issued by the Construction Official unless and
until the permit applicant provides the Borough with a construction
easement from the neighboring property owner granting permission for
the temporary use of their property for construction purposes on the
construction site.
g.
Damage to adjoining property: Any construction activity that results
in, or is likely to result in, damage or injury to an adjoining property
shall require the owner/contractor to take precautions to shield the
adjoining property or properties from any such damage or injury. To
the extent that such precautions do not appropriately shield or protect
the adjoining property, then the owner/contractor shall be responsible
to immediately remedy the situation by whatever means necessary to
restore the adjoining property to its condition prior to the damage
or injury.
h.
Certain information to be permanently displayed: All construction sites with exterior construction only shall be required to display a sign which shall conform to the requirements of Chapter 27 (Zoning) and shall measure not more than four square feet, shall be nonilluminated, and shall be placed on the construction site or on the structure being erected, and provided that it shall be visible and readable from the street. This sign shall display the block/lot; physical address; contractor's name, emergency phone number and email address; and construction manager's name, emergency phone number and email address.
[Amended 1-8-2020 by Ord.
No. 796-2020]
i.
Stop-work orders: In the event of continuing, repetitive or recurring
violations of the Uniform Construction Code or any other applicable
code or the Code of the Borough of Avalon or any of the rules and
regulations promulgated pursuant thereto, the Borough shall have the
power to stop all construction on the site through the issuance of
a stop-work order as hereafter specified.
a.
The Borough shall have the power to issue stop-work orders applicable
to any construction site in the Borough. The stop-work order shall
be issued through the Division of Code Enforcement or the Construction
Official.
1.
By the Construction Official: The Construction Official shall issue
a stop-work order whenever any construction activity is taking place
that is a violation of the State Uniform Construction Code, any violation
of the Avalon Borough Code or whenever there is an imminent threat
to the public health, safety or welfare. Once issued, such stop-work
order shall remain in effect until corrective action is taken or a
corrective action plan is filed as hereinafter required.
2.
By the Code Enforcement Official: A stop-work order shall be issued
applicable to a particular construction site under any of the following
circumstances:
(a)
In the event of continuing, repetitive or recurring violations of Chapter 20, Chapter 7 (regulating the hours and days of construction activity), and Chapter 8 (parking of construction related vehicles) of the Avalon Borough Code or any other applicable chapter thereof applicable to a particular construction site.
(b)
In the event of continuing, repetitive or recurring violations
which, individually or collectively, constitute a public nuisance.
(c)
In the event of any occurrence posing a threat to the public
health and safety.
b.
Procedure for issuance:
1.
A stop-work order shall be issued immediately when an event or occurrence
is observed that poses an immediate, imminent threat to public safety
or health.
2.
In all other cases, a last and final written warning shall be issued
to the owner and contractor and the person or entity actually in charge
of the construction site directing that the offending conduct or circumstances
be remedied or corrected forthwith. If corrective action is not implemented
immediately, that is, within 24 hours or the next business day, a
stop-work order shall be issued by the Borough.
3.
Such stop-work order shall apply to all construction activity at
a construction site and shall not be limited in its application to
only the offending contractor(s) or subcontractor(s).
c.
Procedure following the issuance of a stop-work order: The stop-work
order shall state a date and time for the owner and contractor and
project manager to submit a written plan for the immediate correction
of the observed conditions.
1.
Such plan of remediation shall be submitted, in writing, to the appropriate
Borough officer so designated in the stop-work order. Such written
plan shall be submitted in person by the owner/contractor and the
project manager at a meeting, the date and time of which is stated
in the stop-work order. The return date of such meeting shall not
be sooner than two business days following the issuance of the stop-work
order nor later than three business days following issuance.
2.
If the Borough officer is satisfied that the remedial plan of action
will bring the construction site into compliance with all Borough
requirements, or remedy any damage to neighboring properties and otherwise
abate any nuisance created by the construction activity, then the
stop-work order shall be vacated immediately. If the Borough officer
is not satisfied that the plan of remedial action is sufficient, the
reasons shall be stated, in writing, and the stop-work order shall
remain in full force and effect pending the submission of a new remedial
action plan.
3.
Before accepting or rejecting any remedial plan, the Borough officer
may consult with the Borough Solicitor, Borough Environmental Counsel,
Borough Engineer or any other appropriate person to assist the Borough
officer in evaluating the sufficiency of the remedial plan. Any such
consultation must be completed promptly so as not to cause any undue
or unreasonable delay in resuming the construction activity.
a.
Each construction site shall have a designated "construction zone,"
which shall be defined as the area immediately curbside of the construction
site and comprising the area designated for parked vehicles, generally
a distance of 10 feet perpendicular from the curbline, and shall extend
parallel to the construction site for the front width of the lot or
parcel comprising the construction site.
b.
For corner lots, the construction zone may be located on both the side street and the through street to allow for the parking prohibition of 25 feet from the intersection as set forth in Subsection 8-14.2 of this Code.
c.
Such construction zone shall be marked and identified with reflective cones or other similar type markings consistent with the Manual on Uniform Traffic Control Devices. In addition, each construction zone shall be marked by signage provided by the Borough indicating that parking is restricted to construction vehicles and equipment only. Such signs shall be erected and maintained by the contractor in accordance with the provisions of Chapter 8, § 8-28, of this Code.
[Amended 4-24-2019 by Ord. No. 788]
d.
Such construction zone shall only be in effect during the in-season
as defined in this chapter; provided, however, that the Code Enforcement
Official, in consultation with the Construction Official and the Chief
of Police, may establish a "construction zone" during the off-season
whenever such action shall be required in order to preserve and protect
or advance the public health, safety and welfare or to minimize inconvenience
to immediately adjacent property owners or those located within the
block where such construction is ongoing, or to eliminate or minimize
what would otherwise be a public nuisance. Such a construction zone
shall be established in the off-season whenever there are occupied
homes immediately adjacent to or directly across the street from an
active construction site, and the Code Enforcement Official, in consultation
with the Chief of Police and the Construction Official, deem it necessary
to do so. Once a construction zone has been established, the rules,
regulations, and parking restrictions set forth in this section shall
apply to the same extent as during the in-season.
e.
From the third Monday in June through and including the second Sunday
in September and including Memorial Day and the Saturday and Sunday
of that weekend, the following shall apply:
1.
Only construction vehicles, trailers, and equipment, including dumpsters,
belonging to contractors and subcontractors who are then engaged in
some part of the construction activity shall be permitted to park
or place equipment within such construction zone. No other motor vehicles
of any type shall be permitted to park in such area, and violators
shall be subject to being towed.
2.
Before and after the designated hours for construction activity,
the contractor and subcontractors shall be required to park any vehicles,
trailers, or equipment, including construction tool trailers, within
the designated construction zone or on the actual construction site
only. Any vehicles or equipment being left at the construction site
which cannot be parked within that construction zone or on the construction
site proper must be removed from the street and returned when construction
activity is permitted to resume. "Removed" means the vehicles and
equipment must not be relocated to any other location within the Borough.
Under no circumstances may the area of the public sidewalk or any
part thereof be blocked.
3.
During those hours when construction activity is permitted, contractors
and subcontractors who are then actively engaged in the construction
process may park licensed and registered motor vehicles at other locations
on the street in the immediate vicinity, that is, within 200 linear
feet of the actual construction site as space is available. Such vehicles
must be parked strictly in accordance with the requirements of Title
39 (Motor Vehicles) of the State of New Jersey.
f.
Special provisions for certain contractors, subcontractors and other
craftsmen.
1.
During the in-season, any contractor, subcontractor or other craftsman
performing any work at any property which does not meet the definition
of a "construction site" and which work is confined to certain type
of exterior work or primarily interior work, including, but not limited
to, painting, plumbing, roofing, and interior renovation, and who
seeks to park vehicles and equipment in the area designated as a construction
zone must first apply to the Code Enforcement Official for the issuance
of a special permit which shall designate each vehicle and other piece
of equipment to be parked in said zone. Said permit shall be issued
without fee to the applicant. Upon issuance of the permit, a construction
zone shall be established at the project site in accordance with the
requirements of this section and suitably marked and identified.
g.
Limitation on creation of construction zone.
[Amended 1-8-2020 by Ord. No. 796-2020]
1.
A construction
zone shall not be established or permitted in any area or location
where the stopping, standing or parking of motor vehicles is otherwise
prohibited.
2.
Whenever, due to exceptional narrowness, lack of width, parking restrictions,
and any other conditions that would otherwise prohibit the creation
of a construction zone on the street adjacent to the construction
site, a construction zone may nonetheless be created under such special
circumstances upon the concurrence of the Chief of Police, Director
of Public Works and Utilities, Code Enforcement Official, and Borough
Safety Coordinator.
[Added 1-8-2020 by Ord.
No. 796-2020]
This section shall be enforced by any one or more of the following
Borough officials:
The Construction Official, the Code Enforcement Official, and the Director of Public Works and Utilities are hereby empowered to adopt rules and regulations which are or may be necessary to implement the provisions of Chapter 20, Article II, § 20-2 et seq. Such rules and regulations shall be subject to the approval of the Business Administrator and shall become effective when approved by Borough Council in accordance with the procedures established in Chapter 1 of this Code.
Any violation of any of the provisions of this section shall be punishable in accordance with the penalty provisions contained in Chapter 1 of this Code. In addition:
a.
Each day that a violation occurs shall be deemed a separate and distinct
violation and shall be punishable accordingly.
b.
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 Avalon in the County
of Cape May and State of New Jersey.
