[HISTORY: Adopted by the North Wildwood City
Council 3-1-2005 by Ord. No. 1465. Amendments noted where applicable.]
For the purpose of this chapter, certain phrases
and words are herein described as follows: words used in the present
tense include the future; words used in the singular number include
the plural number and vice versa; words used to include the male gender
include the female gender and vice versa; the word "used" shall also
include "arranged," "designed," "constructed," "altered," "converted,"
"rented," "leased" or "intended to be leased"; the words "real property"
include the words "lot," "plot" and "premises"; the word "building"
includes the word "structure," "dwelling" or "residence"; the word
"shall" is mandatory and not discretionary. Any word or item not defined
herein shall be used with a meaning as defined in Webster's New International
Dictionary of the English Language, unabridged and latest edition.
Any real property upon which any person proposes to or does
engage in the construction, reconstruction or demolition (wholly or
partially) of any building, structure or other improvement located
upon said real property.
As defined by N.J.S.A. 39:1-1.
Except in emergent situations as determined
by the Fire Official or any Code Enforcement Officer employed by the
City of North Wildwood, no person shall be permitted to engage in
the demolition of any portion of any building, structure or other
improvement located upon a construction site between June 15 and September
8, inclusive.
[Amended 7-20-2021 by Ord. No. 1843]
Except in emergent or exceptional situations,
as determined by the Mayor, after consultation with the Construction
Official and Chief of Police, and then only on such days and during
such hours as may established by the Mayor, pile driving on construction
sites shall be prohibited between June 15 and September 8, inclusive.
Nothing in this section shall be deemed to prohibit pile driving in
connection with the construction of a bulkhead.
[Amended 7-20-2021 by Ord. No. 1843]
During those times when construction and demolition activities are permitted upon construction sites, the hours of operation thereon shall be governed by § 308-2E of the Code of the City of North Wildwood. Notwithstanding the foregoing, in those instances between June 15 and September 8 when pile driving is permitted pursuant to authorization granted by the Mayor in accordance with the provisions of § 202-2, the days on which and the hours during which pile driving is permitted shall be as established by the Mayor after consultation with the Construction Official and Chief of Police.
With regard to vegetative growth, debris and trash, all construction sites shall be maintained in accordance with the standards established by the International Property Maintenance Code as incorporated into the Code of the City of North Wildwood by § 228-1 thereof.
Construction site plans identifying the proposed
location upon a construction site of all dumpsters, debris containers,
construction trailers, construction fences, silt fences, containment
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 Zoning Officer concurrently
with application for construction or demolition permits pertaining
to the construction site.
A.
Dumpsters and debris containers required upon construction
sites. All construction sites upon which construction or demolition
activities thereon will generate any debris or solid waste shall be
equipped with adequate and suitable receptacles, containers or dumpsters
for the deposit of such debris or solid waste. All debris or solid
waste generated by construction or demolition activities upon construction
sites shall be deposited into the required receptacles, containers
or dumpsters and shall not be allowed to accumulate upon the construction
site.
B.
Covers required. All debris receptacles, containers
or dumpsters located upon construction sites or adjacent thereto shall
be equipped with a cover of sufficient size so as to cover the entire
container, receptacle or dumpster and attached in such a way so as
to prevent it from blowing off due to wind or other elements. Debris
containers, receptacles and dumpsters shall be covered between the
hours of 6:00 p.m. and 8:00 a.m. and during such periods of time when
no representative or agent of the construction permittee or demolition
permittee, as the case may be, is present upon the construction site
so as to prevent any construction debris or other refuse from escaping
and becoming scattered throughout the construction site or the general
neighborhood.
C.
Containers to be emptied periodically. Debris containers,
receptacles or dumpsters located upon construction sites shall be
emptied at periodic intervals so as to prevent overloading, the escape
of materials contained therein and so as to prevent obnoxious odors
or nuisances of any type escaping therefrom during the period when
construction or demolition activities are taking place upon the construction
site.
D.
Placement upon construction site. To the extent possible, debris containers, receptacles and dumpsters shall be located completely on construction sites rather than on streets, highways or public property; however, to the extent that they cannot be so located, then their placement and the permits therefor shall be governed by the provisions of Chapter 217, Dumpsters, of the Code of the City of North Wildwood.
A.
When required. Any construction site requiring the
disruption or disconnection of water or sewer service for a period
of more than 72 hours or where water or sewer service has not yet
been connected shall be equipped with at least one, but not more than
two, portable toilets. In the case of construction related to an existing
multiple-unit structure where water or sewer service will be disrupted
for some, but not all, of the units thereon, the provisions of this
subsection may be waived by the Construction Official upon presentation
to the Construction Official of adequate evidence demonstrating the
availability of continually operating toilet facilities accessible
at all times to all persons present on the construction site.
B.
Location of portable toilets. Whenever one or more
portable toilets are to be placed upon a construction site, they shall
be located on the construction site and not on a sidewalk, area designated
for a sidewalk, street or public right-of-way and they shall be located
a minimum of 15 feet from all curblines and at such locations so as
to minimize adverse aesthetic conditions, and the doors thereof shall
not face any street.
C.
Servicing. Portable toilets located upon construction
sites shall be serviced at regular intervals so as to prevent overloading,
the escape of materials contained therein and so as to prevent obnoxious
odors or nuisances of any type escaping therefrom.
D.
Portable toilets to be locked after hours. All portable
toilets located upon construction sites must be locked and secured
between the hours of 6:00 p.m. and 8:00 a.m. and during such periods
of time when no representative of the construction permittee or demolition
permittee, as the case may be, is present at the construction site.
All construction material and demolition material
staging areas for construction sites must be located on the construction
site, and no material staging area or a portion thereof shall be permitted
upon any street, highway or public property.
All construction fences, silt fences and containment
fences located upon construction sites shall be placed upon the construction
site and not upon existing or proposed sidewalks on the construction
site so as to allow access to the public right-of-way and they must
be maintained in good condition during the period of construction
or demolition, as the case may be. All sediment or silt from construction
sites must be contained on the construction site by construction fences,
silt fences and containment fences, and sediment or silt from construction
sites shall not be allowed to collect on any street or highway or
within the City's stormwater system.
All sidewalks located upon construction sites shall be maintained free from obstacles during construction or demolition, as the case may be. Should sidewalks located upon a construction site be damaged, they must be repaired within 120 hours. If sidewalks located upon a construction site are removed, then they must be replaced completely within 120 hours. All repairs to and replacements of sidewalks located upon construction sites shall be completed in accordance with the standards and specifications for sidewalks that are set forth in § 382-31.
[Added 8-6-2019 by Ord.
No. 1787]
No person shall engage in the lifting or raising of any portion
of any building, structure or other improvement located upon any construction
site between June 15 and September 8, inclusive. Any such work must
be complete, with the site returned to a finished condition, with
the site clean and graded, prior to June 15. Any house-raising permit
issued prior to this moratorium period must be complete to the point
of having the structure lowered onto and securely attached to the
new foundation prior to the June 15 beginning of the moratorium.
The provisions of this chapter shall be enforced
by the Code Enforcement Officer employed by the City of North Wildwood
or other individual authorized by law to enforce the provisions of
the Code of the City of North Wildwood.
Any violation hereunder shall be considered
an offense punishable by a fine not to exceed $1,250 for each offense
or imprisonment for a term not exceeding 90 days, or both. The following
rules shall apply in determining responsibility for violations and
penalties:
A.
The owner of a construction site where a violation
has been committed or does exist shall be guilty of such an offense.
B.
Any contractor or person who commits, takes part in
or assists in such violation shall be guilty of such offense.
C.
Each day that a violation continues after written
notification that exists shall constitute a separate offense.
D.
In the event that the penalties established by this
section are inconsistent with the penalty section of any other applicable
ordinance contained within the Code of the City of North Wildwood,
then the inconsistency shall be resolved in favor of the ordinance
providing the more severe penalty except in those cases wherein the
penalty is prescribed by state statute.
