[Ord. No. 2016-12 Exh.
A]
(a) The purpose of this chapter is to:
(1)
Ensure that construction sites are maintained clean, safe, sanitary,
and free from any accumulation of rubbish or garbage; and the activities
on these construction sites are conducted so as to eliminate unsafe
or hazardous conditions that endanger the life or health of the public;
(2)
Promote sustainable goals and recycling of construction waste;
and
(3)
Prevent the accumulation of water or damage to any foundations
on the property with the construction site and the adjoining property.
Nothing in this chapter shall be interpreted to limit, restrict,
or supersede any requirements of the New Jersey Uniform Fire Safety
Code or the New Jersey Uniform Construction Code Act.
(b) References.
(1)
Construction Code Enforcement-Chapter 5A.1 of the Princeton
Code.
(2)
Noise-Construction Work-Section 21-2(i) of the Princeton Code.
(3)
Sidewalks and Curbs-Section 28-3 of the "Code of the Borough
of Princeton, New Jersey, 1974," as may be amended.
(4)
International Construction Code.
(5)
New Jersey Uniform Fire Safety Act, N.J.S.A. 52:27D-192.
(6)
Public Health Nuisance Code of the Princeton Board of Health.
[Ord. No. 2016-12 Exh.
A]
(a) In accordance with Section 21-2(i) of the Princeton Code, normal
hours of operation for construction work on construction sites shall
be between the hours of 7:00 a.m. and 6:00 p.m. on weekdays and between
8:00 a.m. and 6:00 p.m. on Saturdays.
(b) Construction work outside the normal hours of operation shall require
the prior procurement of a permit from the engineer and/or construction
official, as required in accordance with the terms of Section 21-2(i)
of the Princeton Code.
[Ord. No. 2016-12 Exh.
A; amended 8-24-2020 by Ord. No. 2020-26]
(a) As used in this chapter, “construction site” and “site”
shall refer to any real property upon which any person proposes to
or does engage in the construction, reconstruction, renovation, expansion,
repair, maintenance or demolition of any building, structure, infrastructure
or other improvement including landscaping located upon said real
property. A construction permit may or may not be required for such
work upon said property.
(b) Each construction site shall be maintained so as to prevent public
nuisances, including but not limited to the following:
(1)
Attractive nuisance (shafts, basements, excavations and unsafe
fences or structures);
(2)
Unsanitary sewerage or plumbing facilities;
(3)
Circumstances capable of being a fire hazard, according to the
Uniform Fire Safety Act;
(4)
Site littered with rubbish or garbage, or which has uncontrolled
growth of weeds;
(5)
Structure or building in a state of dilapidation, deterioration,
or decay, or faulty construction, open, vacant or abandoned; and
(6)
Excess dust on the site and adjacent properties.
(c) The exterior property areas of each construction site shall be maintained
according to the following requirements:
(1)
All exterior property shall be maintained clean, safe, sanitary,
and free from any accumulation of rubbish or garbage. All property
shall be graded and maintained to prevent the accumulation of stagnant
water thereon, or within any structure located thereon.
(2)
All sidewalks along the public right-of-way, walkways, driveways,
parking spaces and similar areas shall be kept in a proper state of
repair, and maintained free of hazardous conditions.
(3)
All adjoining streets shall be kept clean at all times.
(4)
If required by the Engineer, a stone tracking pad will be installed
at the construction site.
(5)
All exterior property shall be maintained free from weeds or
plant growth in excess of 10 inches. All noxious weeds shall be prohibited.
(6)
All structures and exterior property shall be kept free from
rat infestation.
(7)
Parking of contractors' vehicles must be done according to the
existing motor vehicle and parking laws and ordinances.
(d) The following precautions during building operations shall be performed:
(1)
Explosives, highly flammable and combustible substances, gases
and chemicals shall be stored in accordance with the storage and/or
permitting requirements of the Uniform Fire Safety Code.
(2)
If directed by the Engineer and Construction Official, a security
fence shall be installed around the construction site. In addition:
a.
For commercial construction sites, a temporary chain-link fence,
with a minimum height of eight feet, shall be constructed and erected
according to trade standards and of adequate strength to resist wind
pressures, and for purposes of preventing unauthorized entry. The
perimeter of the site must be enclosed properly at the end of each
work day, including closure and locking of gated openings.
b.
For residential construction sites, the engineer and construction
official shall specify the required security fence as appropriate
for a site.
c.
Fences shall not block or prohibit access to fire hydrants or
fire department suppression system/standpipe system connections.
(3)
If directed by the Engineer, a temporary sidewalk shall be used
when the ground is excavated under the public sidewalk, causing the
sidewalk to be impassable or unsafe for use; a minimum width of four
feet shall be used, or a protected walkway of equal width shall be
erected in the street. In cases where a temporary sidewalk is not
required, at the end of each work day the public sidewalk shall be
restored with an ADA-compliant surface.
(4)
The entire construction site and adjoining areas shall be kept
in a safe and sanitary condition and free of accumulation of trash,
rubbish, nuts, bolts, small tools, equipment and all other unsafe
or hazardous conditions that endanger the life or health of the public.
Rubbish shall not be allowed to accumulate on the site and shall be
removed as quickly as conditions warrant, and shall be removed in
a manner which prevents injury or damage to persons, adjoining properties,
and public rights-of-way. Combustible rubbish shall not be disposed
of by burning.
(5)
When a building has been demolished, the vacant lot shall be
filled, graded, and maintained in conformity to the established street
grades at curb levels. Backfilling of removed foundations shall conform
to the Uniform Construction Code Act.
(6)
All materials and equipment required in construction operations
shall be stored and placed so as not to endanger the public, the workers
or adjoining property. To the extent reasonably possible, all such
materials and equipment shall be stored in the rear of the property
and/or behind existing structures.
(7)
Materials or equipment shall not be stored within 10-feet of
a property line without the approval of the Engineer or Construction
Official. Materials or equipment shall not be stored on the street
or in the public right-of-way.
(8)
Material and equipment shall not be placed or stored so as to
obstruct access to fire hydrants, standpipes, fire or police alarm
boxes, utility boxes, catch basins or manholes, nor shall they be
placed within 50 feet of a street intersection, or so placed as to
obstruct normal observation of traffic signals or to hinder the use
of public transit loading platforms.
(9)
Material shall not be dropped by gravity or thrown outside the
exterior walls of a building during demolition or erection. Chutes
shall be provided for this purpose and any material which in its removal
will cause an excessive amount of dust shall be wet down to prevent
creation of a nuisance.
(10)
During demolition of a structure, the structure shall be wet
down as necessary to prevent excess dust if determined to be necessary
in the judgment of the engineer or construction official.
(11)
Provision shall be made to prevent the accumulation of water
or damage to any foundations on the property of the construction site
or adjoining property.
(12)
Dust, sand blasts, or other harmful agents, when employed or
occurring in construction operations, shall be captured at the work
area to prevent their diffusion over adjoining property or streets.
All work done involving the removal of lead based paint must be in
compliance with all state and local regulations and requirements.
(13)
Adequate toilet facilities and drinking water shall be provided
at every construction site.
[Ord. No. 2016-12 Exh.
A]
(a) Construction site plans identifying the proposed location upon a
construction site of all dumpsters, debris containers, construction
trailers, construction fences, silt fences, containment fences, tree
protection fences and portable toilets, and including the emergency
telephone contact numbers of all contractors proposing to do any work
upon the construction site shall be submitted to the development enforcement
officer concurrently with the application for construction or demolition
permits pertaining to the construction site.
(b) The contractor shall make every effort to recycle all construction
debris generated. Any proposed construction site plan shall include
a written demolition schedule which outlines the anticipated items
and amounts of construction debris generated and the recycling site
destination.
[Ord. No. 2016-12 Exh.
A]
(a) Each construction site shall be equipped with an adequate and suitable
receptacle or container (e.g. dumpster or roll-off container) for
the deposit of construction and demolition debris and other solid
waste generated as part of the construction process and shall be emptied
at periodic intervals at the discretion of the Engineer 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,
and not constitute a fire hazard.
(b) Whenever possible, a dumpster shall be located in the driveway of
the construction site. An alternate location on the site must be approved
by the Engineer or Construction Official.
(c) If a dumpster or roll-off container cannot be located on private
property due to driveway width or other property access constraints,
and after receiving a permit allowing occupation of right-of-way as
set forth in Chapter 28 of the "Code of the Borough of Princeton,
New Jersey, 1974," as may be amended, a dumpster or roll-off container
may be placed at curbside on any street, road, or right-of-way. It
shall be the responsibility of the Engineer, in consultation with
the Police Department, to determine whether or not the dumpster may
be located curbside. Adequate steps must be taken to prevent debris
and rubbish from being blown into the street or right-of-way by the
wind and causing a public health nuisance. There shall be no dumpsters
permitted on the streets between December 1 and March 31, nor within
50 feet of any intersection.
(1)
Upon approval of an application for occupation of right-of-way
submitted in accordance with Section 28-3 of the "Code of the Borough
of Princeton, New Jersey, 1974," as may be amended, a permit shall
be valid and remain in effect for a period of not more than 10 calendar
days. The initial permit may be renewed by the Engineer upon the filing
of a renewal application. In the event of extenuating or unforeseeable
circumstances requiring the continued use of a dumpster or roll-off
container, the applicant must provide good reason as to why the permit
should be renewed. However, not more than two consecutive renewals
of 10 days each shall be issued to any applicant. Dumpster shall not
be placed more than two business days prior to start of construction
or demolition and shall not remain for more than two business days
subsequent to completion of such work or the expiration of the permit.
(2)
See section 28-3.5 of the "Code of the Borough of Princeton,
New Jersey, 1974," as may be amended, for applicable permit fees.
(3)
The permit holder shall purchase proper meter bags for the occupation
of any metered parking space(s) by the placement of the dumpster or
roll-off container.
(4)
To warn the operators of vehicles and pedestrians of the presence
of a dumpster or roll-off container parked on or along any public
street, road or right-of-way, said container shall be equipped with
such warning devices as appropriate for the location, and as may be
directed by the Police Department.
(5)
Planking or other wood sheeting of a minimum nominal thickness
of 1 1/2 is required to be placed under the wheels, or road contact
areas to protect the public roadway of right-of-way from damage. If
the dumpster has wheels, they must be chocked to prevent movement.
(6)
The contents of a dumpster or roll-off container placed on a
municipal street, road or right-of-way and/or on private property
shall not be allowed to overflow or deposit, spill or scatter debris
in the public right-of-way and/or private property, thereby creating
a nuisance or danger to the public's health, safety and welfare, or
constitute a fire hazard. The applicant and/or owner of a dumpster
or roll-off container located on a municipal street, road or right-of-way
found to be in violation of this provision shall subject to such fines
and penalties for littering as set forth by law or ordinance.
(7)
Construction dumpsters shall at all times be kept in good repair
and shall be structurally sound and shall be constructed to stand
firmly upright. Dumpsters in the public street or public right-of-way
shall also be tarped during the night or if left unattended for more
than 24 hours.
(8)
Upon removal of construction dumpster, the public right-of-way
shall be swept clean of all loose debris and restored to its former
condition in accordance with the standards of the division of public
works.
(9)
Insurance shall be in accordance with the requirements set forth
in Section 28-3.2 of the "Code of the Borough of Princeton, New Jersey,
1974," as may be amended.
(10)
Failure by the applicant to comply with any of the provisions
of this chapter, Title 39, motor vehicle statutes of the state, or
any rules or regulations promulgated by the municipality governing
placement of dumpsters or roll-off containers shall result in revocation
of the permit. Such revocation shall require the applicants to remove
the dumpster within 24 hours of notice by the Police Department that
the applicant is in violation of the chapter.
(d) Nothing contained within this chapter shall be interpreted or construed
as relieving any person or entity from the obligation of complying
with all other laws or ordinances regulating the disposal of solid
waste and recyclable materials or the provision of laws or ordinances
related to littering and public nuisance. The requirements of this
chapter shall be in addition to all such other requirements and are
not intended in place thereof.
[Ord. No. 2016-12 Exh.
A]
(a) Any construction site that requires the disruption of water or sewer service for a period of more than 72 hours, or where water or sewer service has been disconnected for more than 72 hours, shall contain at least one and not more than two portable toilets. To the extent reasonably possible, the portable toilet(s) shall be located behind the residence, building or other structure under construction. If the portable toilet(s) cannot be so located, then they shall be located at least 15 feet back from the right-of-way, located no more than 10 feet from the front of any existing principal structure (on the construction site) and located on the actual construction site itself, and not on the street, public sidewalk or area designated for the sidewalk, or in the public right-of-way. The portable toilet(s) shall not be placed within 10 feet of any property line, and the door opening shall face into the construction site rather than toward any neighboring property. The location of the portable toilet(s) shall comply with the distance and set back requirements set forth in this subsection
(a), unless, due to the size or configuration of a property such compliance is not feasible in the judgment of the Engineer or Construction Official.
(b) 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.
(c) 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.
[Ord. No. 2016-12 Exh.
A]
(a) Trailers commonly known as "construction trailers" containing tools,
materials or supplies for contractors, landscapers and workers 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 worker utilizing
the trailer is actually engaged in working on the project. All such
trailers shall be removed at the end of each work day and may not
be stored or parked in the street. Storage trailers are not permitted
in any municipal street or right-of-way. If a construction 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., and shall not be permitted to be parked within 50 feet of
an intersection.
(b) A zoning permit is required for use of a construction trailer or
storage trailer according to Section 17A-214 of the "Code of the Borough
of Princeton, New Jersey, 1974," as may be amended. All permitted
trailers shall be permitted to remain only during the period of actual
construction.
[Ord. No. 2016-34 § 2;
amended 8-24-2020 by Ord. No. 2020-26]
(a) The contractor shall ensure compliance with Chapter 22 of the Princeton
Township Code, entitled "Trees and Shrubs," on the site during construction.
(b) In addition, the contractor shall be responsible for safeguarding
areas referred to in this section as "tree protection zones" for each
of the trees on the site, the removal or destruction of which is regulated
under section 22-11 of Chapter 22 of the Princeton Township Code,
entitled "Trees and Shrubs," and for which the contractor has not
received a permit allowing its removal or destruction. The phrase
"tree protection zone" is defined in section 22-2 of Chapter 22 of
the Princeton Township Code. In addition, contractors shall safeguard
the tree protection zone of any tree on contiguous property or in
the municipal right-of-way, the removal or destruction of which is
regulated under section 22-11. However, the authority and requirement
under this section to safeguard trees on contiguous properties or
in the municipal right-of-way shall be limited to that portion of
the tree protection zone that is on the site. Contractors shall not
be permitted to safeguard a tree protection zone on contiguous property
or in the municipal right-of-way without the express written consent
of the owner(s) of such adjacent property.
(1)
No contractor shall be permitted, for any length of time, to
place or maintain, or cause to be placed or maintained, in or upon
a tree protection zone, any stone, cement, mortar, building material,
impervious material, dumpster or roll-off container, construction
or storage trailer, portable toilet or other material, item or substance
that shall impede or prevent the free access of water, air or fertilizer
to the roots of any tree. No contractor shall disturb the soil within
a tree protection zone. No contractor shall be permitted to conduct
any excavation or other construction-related activities within a tree
protection zone.
(2)
A contractor shall be required to use fencing to protect areas
identified as tree protection zones for every tree on site, the removal
or destruction of which is regulated under Chapter 22 of the Princeton
Township Code and for which the contractor has not received a permit
allowing its removal or destruction. Fencing shall also be required
to protect areas on site identified as tree protection zones for trees
on contiguous properties or in the municipal right-of-way, in accordance
with the first paragraph of section 10A-7A(b).
(3)
The fence required by this section shall be a four-foot tall
wooden-slat snow fence with five-strand metal wire installed with
metal posts at intervals of six feet.
(4)
Notwithstanding the above, a contractor may request permission
to carry out work within a tree protection zone by submitting a written
plan that demonstrates (a) the need for such work within the tree
protection zone and (b) the manner in which the contractor will protect
the critical root zone of the tree(s) in the tree protection zone.
The enforcement officer shall review and approve or disapprove such
request. No work may take place within a tree protection zone without
the written approval of the enforcement officer. The enforcement officer
will have the authority to monitor and inspect all work authorized
under this subsection.
(5)
In the event a contractor seeks to carry out work within a tree
protection zone and is unable to protect the critical root zone of
the tree(s) in the tree protection zone, the contractor shall make
application pursuant to section 22-11 for a tree removal permit.
[Ord. No. 2016-12 Exh.
A]
(a) The Police Department, Engineer and Construction Official shall be
responsible for enforcement of this chapter.
(b) Any person, firm, corporation, or partnership who violates this chapter
or fails to comply with any of its requirements shall, upon conviction
thereof, be subject to the penalties as set forth in Section 1-6 of
this Code.