The City has determined that the demolition of structures and pile driving activities create a nuisance when conducted during the peak tourism season in the City by, without limitation, creating unsightly conditions, excess noise, excess debris, damage to other property, as well as increasing amounts of silt, sand, sediment and other debris entering the streets and gutters within the City, thus clogging and otherwise doing damage to the water inlets throughout the City. The City has also determined that pile driving activities within the City further cause irreparable damage to the surrounding historic resources and other structures and, in most cases, pile driving activity is unnecessary or can be conducted in such a fashion as to minimize the detrimental impact on the surrounding historic resources and other structures.
[Adopted 3-18-2008 by Ord. No. 141-2008.[1]]
[1]
Editor's Note: This ordinance also repeated former Art. III, Pile Driving and Demolition of Structures During Summer Months, adopted 4-19-2004 by Ord. No. 1327-2004.
It is the purpose of this article to (i) prohibit the demolition of structures and pile driving activities during the summer months beginning the Friday before Memorial Day and ending the day after Labor Day of each year, (ii) prohibit pile driving activities in the City unless there are no other engineering alternatives based upon a certification by a licensed structural engineer or architect and (iii) in such cases where there are no other engineering alternatives to pile driving, to require that the piles be jetted. It is also the purpose of this article to regulate the manner in which pile driving operations are performed in order to prohibit the accumulation of silt, sand, sediment and other debris in the alleys, streets, gutters and inlets throughout the City, and thus to require pile driving contractors to be responsible for those operations, to prevent the accumulation of sand, silt, sediment and other debris in the gutters, streets and inlets of the City and also to prevent damage to adjoining neighbors, properties and damage to curbs, sidewalks and streets.
Beginning with the Friday before Memorial Day and ending the day after Labor Day of each year within the City, the demolition, removal or razing of buildings, structures or improvements to real property as well as any pile driving activities within the City shall be prohibited and no permit for such demolition or pile driving shall be issued during such period of time. Notwithstanding this § 194-19, in the event of an emergency, or in the event of a danger to person or property, as determined by the Construction Official, a demolition permit may be issued during such period. Nothing herein shall be deemed to apply to waterfront pile driving activity if required to be completed within a specified time frame by the State of New Jersey Department of Environmental Protection or any other federal or state agency.
[Added 6-6-2017 by Ord. No. 319-2017]
A.
Any contractor performing pile driving operations within the City shall be responsible for all sand, silt, sediment, debris and water leaving the site of the pile driving operation. Said person, firm or corporation shall be responsible to clean and maintain all alleys, gutters, streets, sidewalks and inlets prior to completing their pile driving operations and shall specifically remove or cause to be removed all sand, silt, sediment, or other debris arising from the pile driving operation. The contractors performing the pile driving operation shall also take any and all actions or steps necessary to prevent the accumulation of sand, soil, sediment and other debris upon any adjoining property, and to likewise take whatever action necessary to prevent damage to alleys, streets, gutters, curbs and adjoining properties by the impact of the pile driving activities as well as the utilization of pile driving equipment.
B.
Prior to performing any pile driving activities, the contractor shall construct and install silt traps at the inlets located at either end of the block in which the contractor is performing the pile driving operations. Prior to obtaining the pile driving permit, the contractor shall notify the Construction Office of the exact type of silt trap which shall be utilized. No pile driving permit shall be issued unless the Construction Official is notified of the type of silt trap which shall be utilized and such silt trap is approved by the Construction Official.
C.
Prior to the commencement of work to drive piles or demolish a structure, the owner shall notify the owner(s) of property within 500 feet of the site on which he/she is proposing to drive piles or demolish a structure. The notification shall be forwarded in writing, by certified mail, at least 14 calendar days prior to the commencement date of the pile driving activity or demolition work but not earlier than 30 days prior. The notification shall be forwarded to each property within 500 feet of the site and to an address for each such property outside the City as shown on the records of the City Tax Assessor for said property if such exists.
D.
Any contractor performing pile driving activities within the City shall comply with all City water and sewer ordinances as well as any other applicable federal and state laws. The contractor shall meter and be responsible for the water used during the pile driving activities, and shall ensure there is adequate backflow protection to prevent contamination of the water supply.
E.
Prior to the receipt of a construction permit for driving piles, the owner or contractor shall submit to the Construction Official a certified report by a licensed structural engineer or architect stating that there are no other possible alternatives to pile driving for the proposed construction activity. Such determination shall be based upon engineering standards only and shall not take into account the cost differential. In the event that the pile driving activities are required based upon the certified engineer's or architect's report, the construction permit may be issued, subject to receipt of a proof of mailing that all notices required under Subsection C have been sent, and all such pile driving activities shall be through the water jetting process.
F.
A construction permit shall only be issued for deep piling systems that do not require pounding in or exposing tailings in the historic district, at a historic site, or within 100 feet from the property line of historic site. An exception to this restriction shall only be granted if a certified engineer or architect is able to demonstrate to the satisfaction of the Construction Official that only traditional washing in and pounding in of wood pilings are appropriate for a specific property due to geological aberration.
Any contractor performing pile driving activities within the City shall also purchase and maintain a comprehensive general liability insurance policy covering the contractor for any liability as a result of death, bodily injury or property damage in the combined single limit amount of $1,000,000 as a result of the contractor's pile driving activities. Such coverage shall also include activities conducted by any subcontractors, employees or any other person directly or indirectly employed by the contractor or any subcontractor, or by any person for whose acts any of them may be liable. Such insurance shall also include premises operations, including, without limitation, explosions, collapses, underground damage, completed operations and a broad form of property damage coverage. Proof of such insurance with evidence that the City will be notified of any cancellation or change in such policy shall be provided to the City prior to the commencement of any pile driving activities.
It shall be the responsibility of the pile driving contractor in the case of pile driving, or a demolition contractor in the case of demolition of structures, to prevent damage to alleys, streets, curbs, sidewalks, gutters and adjoining property from pile driving and/or demolition construction.
Any person, firm or corporation convicted for violation of this article shall be subject to the penalty established in Chapter 1, Article III, Penalty. Additionally, the Municipal Court Judge shall have the authority to order restitution for any damage done to property by a pile driving or demolition contractor.