Toms River City Zoning Code
§ 348-7.7
Site maintenance during construction.
A.
It shall be the responsibility of the developer to maintain the entire site or subdivision in a safe and orderly condition during construction. Necessary steps shall be taken by the developer to protect occupants of the site or subdivision and the general public from hazardous and unsightly conditions during the entire construction period. These steps shall include but are not limited to the following:
(1)
Open excavations shall be enclosed by fencing or barricades during nonconstruction hours. Movable barricades shall be equipped with yellow flashing hazard markers or other lighting during the hours of darkness.
(2)
The excavation of previously installed sidewalk and pavement areas which provide access to occupied building in the site or subdivision shall be clearly marked with signs and barricades. Alternate safe access shall be provided for pedestrians and vehicles to the occupied buildings.
(3)
Materials stored on the site shall be screened from the view of occupants of the subdivision or site and adjoining streets and properties.
(4)
Construction equipment, materials and trucks shall not be stored within 150 feet of occupied buildings in the site or subdivision and adjoining streets and properties during nonconstruction hours.
(5)
Safe vehicular and pedestrian access to occupied buildings in the site or subdivision shall be provided at all times.
(6)
Construction activities which create obnoxious and unnecessary dust, fumes, odors, smoke, vibrations or glare noticeable in occupied buildings in the subdivision or site and adjoining properties and streets shall not be permitted.
(7)
Construction activities which will result in damage to trees and landscaping in occupied buildings in the site or subdivision or adjoining properties shall not be permitted.
(8)
All locations and activities in the site or subdivision which present potential hazards shall be marked with signs indicating the potential hazard.
(9)
Unsightly construction debris, including scrap materials, cartons, boxes and wrappings must be removed daily at the end of each working day.
(10)
Whenever construction activities take place within or adjacent to any traveled way or interfere with existing traffic patterns in any manner, suitable warning signs, conforming to the requirements of the Uniform Manual on Traffic Control Devices, will be erected and maintained by the developer.
(11)
It is the developer's obligation to maintain roads that have not been accepted by Toms River Township. The foregoing notwithstanding, the Township may provide snowplowing on roads serving properties with certificates of occupancy that are complete, including the top course of paving. The Township will do so if it finds for health and safety reasons it is necessary to do so. In such an event, however, the cost of plowing shall be a developer's responsibility and at the developer's expense. The Township, in the event of the developer's failure to pay, may seek recourse against the posted performance guarantees.
[Added 10-14-2003 by Ord. No. 3830-03]
B.
Should the developer fail in his obligation to maintain the site or subdivision in a safe and orderly condition, the Township may, on five days' written notice, or immediately in the case of hazard to life, health or property, undertake whatever work may be necessary to return the site or subdivision to a safe and orderly condition and deduct the cost thereof from the ten-percent-cash-or-certified-check portion of the performance guaranty. Upon notice of such deduction, the developer shall, within 10 days, restore the full ten-percent-cash balance, or his performance guaranty will be held to be void, and the Township may take action as if final plat approval had not been obtained.
C.
The Construction Official shall, upon receiving notice from the Township Engineer that a developer is in violation of this section, suspend further issuance of certificates of occupancy and building permits and may order cessation of work on any outstanding permits.