Bernards City Zoning Code

As a condition of the approval of any application for development, the Planning Board or Board of Adjustment may require that construction activities, or such types of construction activities as the Board deems appropriate, may only be conducted on the site between such hours as the Board may specify, whenever such condition appears necessary in order to prevent unreasonable and unnecessary noise disturbance to the community surrounding the proposed development. No person shall conduct construction activities in violation of any such condition.

As used in this section, the following terms shall have the meanings indicated:

Any person who shall conduct any construction activities in violation of any condition imposed by the Planning Board or Board of Adjustment which specifies the permitted hours of construction for all or any part of a development, whether such condition was imposed pursuant to Subsection 21-29.1 or otherwise, shall be punishable by a fine not to exceed $100 for the first offense and not to exceed $1,000 for each subsequent offense. Each day during or on which a violation occurs or continues shall be deemed a separate offense.

The Zoning Enforcement Officer and all Township police officers are authorized to enforce the provisions of this Section 21-29.

The owner of any structure, lot of land or part thereof and/or the tenant or occupant of any building or structure, lot of land or part thereof who conducts or causes to be conducted or assists in any construction activities in violation of a condition imposed pursuant to Subsection 21-29.1 and any architect, builder, developer, contractor, agent, person or corporation who engages in or assists in the commission of such violation shall each be guilty of a separate offense and, upon conviction thereof, shall each be liable to the fine specified in Subsection 21-29.3.

Any conditions imposed by the Board pursuant to Subsection 21-29.1 shall expire, with respect to any individual structure or lot of land, upon the completion of all construction work with respect to such structure or lot of land that was within the scope of the plans approved by the Board.

Conditions imposed by the Board pursuant to Subsection 21-29.1 may be more restrictive than noise regulations imposed by other Township ordinances, if the circumstances so warrant. The expiration of conditions shall not relieve any person of the obligation to comply with noise regulations imposed by other Township ordinances.