Borough of Belmar, NJ Site Maintenance

[Ord. 2006-12 § I; Ord. No. 2008-11 § I]

The following construction site maintenance standards shall be the responsibility of the property owner and/or contractor who shall maintain the entire site in a safe and orderly condition during construction, however, should the contractor fail to remedy the violation, the property owner shall bear the ultimate responsibility for compliance and/or fines imposed.

The following construction site maintenance standards shall apply to any size property where any construction activities are undertaken. These standards shall include, but are not limited to, the following:

Open excavation shall be enclosed by fencing or barricades during nonconstruction hours.

Excavation of previously installed sidewalk and pavement areas shall be clearly marked with signs and barricades. All appropriate permits and Borough approvals for the excavation of previously installed sidewalk and pavement areas shall be obtained. Alternate safe access shall be provided for pedestrians and vehicles. Any excavated sidewalk or pavement areas which will not be repaired within 48 hours shall be covered in a fashion to permit safe pedestrian and/or vehicular traffic.

Materials stored on the site shall be screened from the view of occupants of the project and/or adjoining streets and properties.

Construction equipment, construction trailers, materials and trucks shall not be stored within 15 feet of occupied buildings and adjoining streets, sidewalks and/or properties during nonconstruction hours.

Portable bathroom facilities shall not be placed within 15 feet of occupied buildings and adjoining streets, sidewalks and/or properties.

Construction activities which will result in damage to trees and landscaping on occupied lots and/or adjoining properties shall not be permitted. Trees and environmentally sensitive areas shall be protected, at a minimum, by the use of orange construction fencing at the drip line of all trees.

Unsightly construction debris, including scrap materials, cartons, boxes and wrappings must be removed daily at the end of each working day or placed in dumpster. Dumpsters shall be covered when the construction site is not active.

Dumpsters shall not be stored within 15 feet of occupied buildings and adjoining streets, sidewalks and/or properties. All dumpsters shall be loaded so that no items are protruding out of the top or hang over the sides. Dumpsters shall be covered when the construction site is not active.

Proper measures shall be taken to prevent the tracking of mud onto public streets or roads or property of third persons. Such measures shall include but are not limited to covering muddy areas on site with clean, dry sand and/or gravel. All ingress/egress points to the site shall be maintained in a dry condition, and any mud tracked onto public streets or roads, or other areas of the building, or property of third party shall be immediately removed and the affected area cleaned.

10.

A Certificate of Occupancy shall not be issued until all machinery, materials, implements, barricades, staging, debris, and rubbish connected with or caused by the work are removed.

11.

Within five calendar days after the issuance of a Certificate of Occupancy or a Temporary Certificate of Occupancy all contractor and/or developer signs, for sale and/or for rent signs shall be removed, unless the property receiving such Certificate is part of a project and said property is not the last property in the project receiving such Certificate.

The following construction site maintenance standards, in addition to the standards set forth above, shall apply to properties which are subdivided into three or more new lots where any construction activities are undertaken and any properties on which nonresidential construction activities are undertaken ("project"). These standards shall include, but are not limited to, the following:

Necessary steps shall be taken to protect occupants of the project and the general public from hazardous and unsightly conditions during the entire construction period.

Safe vehicular and pedestrian access to occupied buildings in the project shall be provided at all times.

Open excavation shall be enclosed by fencing or barricades during nonconstruction hours. Movable barricades shall be equipped with yellow flashing hazard markers or other lighting from dusk till dawn.

Excavation of previously installed sidewalk and pavement areas which provide access to occupied buildings in the project shall be clearly marked with signs and barricades. Alternate safe access shall be provided for pedestrians and vehicles to the occupied buildings. Any excavated sidewalk or pavement areas which will not be repaired within 48 hours shall be covered in a fashion to permit safe pedestrian and/or vehicular traffic.

Construction traffic control devices shall be provided in accordance with the Uniform Manual of Traffic Control Service, with any subsequent addendum, as approved by the New Jersey Department of Transportation.

Snow shall be removed from all streets and roadways not yet accepted by the Borough but used by residents of the development within 12 hours after daylight after any such street or roadway is covered with snow or ice, and if same cannot be wholly removed from such streets and roadways, sand, salt or other proper substance shall be sprinkled thereon so that such street or roadway shall be safe for travel. This obligation shall commence upon the first occupancy of the development.

All locations and activities in the project which present potential hazards shall be marked with signs indicating the potential hazard.

Dumpsters shall not be placed on streets already dedicated to the Borough. Developers should avoid placing dumpsters on streets not dedicated to the Borough which are used by residents of the project, if so placed the dumpsters shall be clearly marked with signs and barricades and each corner protruding in the street shall be equipped with yellow flashing hazard markers or other lighting from dusk till dawn. Dumpsters shall be covered when the construction site is not active.

In addition to the measures to prevent the tracking of mud onto public streets or roads or property of third persons set forth above, rumble strips sufficient to prevent the tracking of mud shall be installed and maintained during the course of the project.

10.

Temporary driveways and/or access points to the site which abut a public street must, at a minimum be constructed of gravel to a point at least 15 feet back from the public street. The gravel shall be maintained so that it is not dispersed on to any public street and/or sidewalk. Temporary driveways and/or access points to the site shall be where a proposed road to the project and/or driveway to a lot will be constructed, if possible. Further, once heavy equipment is removed from the site which could harm a base coat, the asphalt base coat shall be installed in place of the gravel.

Waivers. Requests for waivers from any of these provisions shall be made in writing to the Director of Code Enforcement. Said requests shall specifically state which sections of these regulations a waiver is requested, why the waiver is needed and what alternate steps will be taken to avoid the outcome which the regulation is intended to prevent. The Director of Code Enforcement may only grant the waiver if the Director finds that the strict enforcement of the regulation presents a unique hardship to the individual requesting the waiver or to the general public and that the proposed alternate steps, or the alternate steps required by the Director of Code Enforcement will adequately address the outcome which the regulation is intended to prevent and will adequately protect the health, safety and welfare of the occupants of the property and/or the project and the general public. The Director of Code Enforcement is not authorized to grant a waiver of any specific requirement of a Planning Board or Zoning Board of Adjustment approval which relate to construction site maintenance.

Should the property owner and/or contractor fail to maintain the project in a safe and orderly condition, the Borough may, on two days' written notice, or immediately in the case of hazard to life, health, or property, undertake whatever work may be necessary to return the project to a safe and orderly condition. The cost thereof shall be charged against the performance guaranty, or if none has been posted, or if the guarantee is insufficient to cover the costs, the costs shall constitute a lien against the property.

Enforcement — Violations — Penalties.

Enforcement. The provisions of this section shall be enforced by the Department of Code Enforcement.

Violations and Penalties. Every person violating the provisions of this section shall upon conviction thereof, be subject to a fine of $250 plus costs. The property owner and/or contractor shall have 10 calendar days, from the date of issuance of a violation, to remedy the violation, if the violation is remedied in this time frame the property owner and/or contractor shall only be subject to a fine of $250 plus costs. If the violation is not remedied in this time frame the property owner and/or contractor shall be subject to a fine of $250 plus costs, plus an additional fine of $50 per day, calculated from the date of the violation, and continuing until the violation is remedied.