[Adopted by Ord. No. 948-92 (Sec. 10-5 of the 1997 Revised General Ordinances)]
[Amended by Ord. No. 997-93]
As used in this article, the following terms shall have the
meanings indicated:
Any vehicle, trailer, tool, equipment, material, supply,
dumpster, container, roll-back-type container, box, can or any other
item or combination of materials other than licensed vehicles.
The City Construction Official or any person to whom he may
delegate, in writing, the duties hereinafter described.
Any solid waste removal container capable of holding or carrying
15 cubic yards or more of solid waste material, and which may be left
at a site and picked up at a later time, the container not being self-propelled.
The act or condition of putting or leaving construction equipment
in a public place for longer than 15 minutes.
Any public street or sidewalk, alley, promenade, mall, park,
or any other place of public right-of-way.
A decision made in good faith, in the interest of preserving
the safety and welfare of the public in general.
Debris, demolition material, building materials, metals,
bricks, glass, concrete, waste from building operations, rocks, concrete
bricks, dirt, ashes, plaster or similar solid materials obtained from
construction or demolition projects.
No person shall place, permit, allow to be placed or permitted
or order the placing or parking of any construction equipment or container
on any public place without first having obtained a permit to do so
or unless specific written permission has been granted by resolution
of City Council or by the City Manager. This article shall not apply
to duly authorized personnel employed by or under contract with government
or public utilities to perform construction or maintenance of public
works or public utility facilities.
A.
Applications for permits must be submitted in writing to the Construction
Official not less than five business days prior to the date on which
it is desired to place the construction equipment or a container on
a public place.
B.
No application for parking the construction equipment or a container
will be approved unless the construction equipment or container is
necessary due to construction, demolition or some other undertaking
requiring such parking.
C.
No application will be approved unless a permit has been issued for
construction or demolition work or the Construction Official is otherwise
satisfied as to the need for containers.
D.
Applications and renewal applications must contain:
(1)
Name, address and phone number of the person requesting the permit;
(2)
Name, address and phone number of the company owning the construction
equipment or container,
(3)
A hand-drawn diagram indicating the proposed location of the construction
equipment or container;
(4)
The construction or demolition permit number;
(5)
The number of days the construction equipment or container is to
remain at that location not to exceed a period of 30 days per permit
or renewal permit.
A.
Upon receipt of the application, the Construction Official shall
inspect, or cause to be inspected, the site where the construction
equipment or container is proposed to be placed. The Construction
Official shall consider:
(1)
The need for such construction equipment or container;
(2)
The lack of available off-public, right-of-way space in which to
place the construction equipment or container;
(3)
The effect the construction equipment or container will have on parking
in the neighborhood and the safe and orderly flow of traffic and pedestrians;
(4)
The general effect on the public health, safety and welfare.
B.
The Construction Official shall either approve or deny the permit
within five business days of the date the application is submitted.
The Construction Official may consult other City personnel in making
the determination.
C.
Should the application be denied, the Construction Official shall
forthwith notify the applicant in writing of such denial, stating
the reason(s) the application was not approved. If the application
is approved, the Construction Official will issue a written permit.
Any applicant who has been denied a permit may appeal the decision.
Such appeal must be made to the City Manager in writing within 10
days of the date of the Construction Official's denial of the permit.
The decision shall be final.
A.
During the months of November, December, January, February, March
and April, the fee for the initial permit shall be $35 for each regulation
twenty-foot or twenty-two-foot parking space occupied, regardless
of the number of days, up to the maximum of 30 days, for the initial
permit. During the months of May, June, July, August, September and
October, the fee for the initial permit shall be $9 per day, including
weekends and holidays for each regulation twenty-foot or twenty-two-foot
parking space occupied.
[Amended 12-16-2003 by Ord. No. 1315-2003.[1]]
B.
Renewal permits, not exceeding 30 days each, shall require an additional
fee in the same amount as the initial fees.
C.
The Construction Official shall have the right to require, in addition
to the permit fee, the establishment of an escrow account to insure
against any damage caused by or in any way connected with the use
of the containers. The City Engineer shall be consulted as to the
proper escrow amount.
A.
Permits issued are not transferable and are good only for the time
and place indicated on the approved application and permit, unless
a written renewal permit is secured from the Construction Official.
B.
In the event the construction equipment or a container is removed
from the site (except in the case of a container for the purpose of
emptying its contents and returning it to the site) prior to the expiration
date of the permit, the permit shall, at that time, automatically
expire.
C.
There shall be no refunds of permit fees for failure of the refuse
service or other supplier to place construction equipment or a container
at the site during the life of the permit. Should there be early removal
of construction equipment or a container, the Construction Official
must be notified in advance in order to conduct a final inspection
of the premises.
D.
Permits must be visible from the street at all times during the period
in which a container is present, whether or not the construction equipment
or container is actually in use. It is recommended that permits be
affixed to the street side of the construction equipment or container.
A.
Construction equipment or containers shall be placed and maintained
in a manner and location that minimizes the disruption of vehicular
and pedestrian access and traffic.
B.
Containers for solid waste materials must be of a type designed to
be transported on a roll-back-type carrier truck only.
C.
Containers for solid waste materials must be used at construction
or demolition sites or at other exceptional sites as approved by the
Construction Official. Containers may not be used by commercial business
enterprises such as restaurants or retail stores for normal removal
and disposal of trash.
D.
Construction equipment and containers must bear the name, address,
phone number of the refuse service to whom they belong along with
all other information that may be required by the City Construction
Official and the municipal, county, state and federal regulations.
E.
Roll-back-type containers must have at least 400 square inches of
reflective material visible on each side, preferably along each outside
corner.
F.
It shall be the responsibility of the permit holder to see that the
construction equipment or container is placed at the site in the manner
and location indicated in the application.
G.
The Construction Official shall conduct a periodic inspection of
the construction equipment or container and its location. If, after
the construction equipment or container is in place, it is determined
that the construction equipment or container is a hazard to traffic
or to the health, safety or welfare of the area in question or of
the City in general, the Construction Official may order the construction
equipment or container removed to a safe location. If a safer location
cannot be secured, the Construction Official may order the construction
equipment or container removed and revoke the permit.
H.
The reasonable judgment of the Construction Official, the Police
Department or other enforcement officials, as to the existence of
a hazardous or unsafe condition shall constitute grounds for the Construction
Official ordering the container moved to a safer location or removed
from the site entirely. Should the holder of the construction equipment
or container permit fail or refuse to remove the construction equipment
or container upon expiration of the permit period (including any written
extension thereof) or upon notification of an unhealthful, hazardous
or unsafe condition, the Construction Official may cause the construction
equipment or container to be removed by City or contracted personnel.
Upon any such removal, the City will be entitled to reimbursement
from the permit holder of all costs to the City, including attorney's
fees and court costs. Notification requiring removal shall be in writing.
Notification shall be made to the permit holder, if the permit holder
is readily available, and if the permit holder is not available, notification
shall be made to the company supplying the container.
I.
Outside construction activities. Engaging in outside construction
activities, as defined herein, is prohibited during the following
days and times:
[Added 3-20-2007 by Ord.
No. 92-2007; amended 3-19-2013 by Ord. No. 261-2013]
(1)
All days between the hours of 6:00 p.m. and 8:00 a.m. of the following
day.
(2)
On Saturdays, commencing on the Saturday of Memorial Day weekend
until and including the Saturday of Labor Day weekend, all hours prior
to 9:00 a.m. and after 3:00 p.m.
(3)
Sundays at all times.
(4)
On the recognized holidays of New Years Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving and Christmas Day at all times.
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All construction activities shall be subject to the contractor,
if required, having a duly issued and valid construction permit on
display at the job site. Outside construction activities will be permitted
on any day for an emergency which must first be called into the City
Police Department with an explanation of the nature of the emergency,
or for storm preparedness or cleanup for a declared weather related
emergency; provided that if a construction permit is required but
has not been issued, the work satisfies the exception for emergency
work pursuant to and subject to the terms and conditions of the New
Jersey Uniform Construction Code, N.J.A.C. 5:23-2.14 and the contractor
takes all required steps to comply with such requirements. Outside
construction activities will also be permitted on Sundays with the
prior approval of the City Manager and only during the hours approved
by the City Manager if the performance of outside construction activities
is necessary because of an unusual period of inclement weather which
has caused unreasonable delays in the performance of work by a contractor.
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For purposes of this section, "outside construction activities"
shall mean all exterior construction, repairs, installation and improvement
work including, without limitation, hardscape and landscape work,
foundation, framing, roofing, utilities conducted upon real property,
whether residential or commercial, of any kind and nature and whether
done by a licensed contractor or an unlicensed individual upon private
property. Outside painting without the use of power or motorized tools
and equipment, lawn maintenance (but not landscaping services) and
construction work performed entirely inside of any buildings or structures
are excluded from the definition of outside construction activities.
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J.
Use of
generator as a permanent or primary source of power for a structure
in the City of Cape May is prohibited. Generators may only be used
as emergency or standby measures in the event of a power outage. All
construction sites shall provide for a temporary utility pole and
electric power supply.
[Added 11-14-2022 by Ord.
No. 483-2022]
The Construction Official and any duly designated representative
shall enforce this article, and it shall be the duty of any and all
police officers and other City enforcement personnel to aid in such
enforcement.
[Amended 11-14-2005 by Ord. No. 53-2005]
