West Long Branch City Zoning Code
§ 18-13.32
Site Maintenance During Construction.
[Ord. #513]
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 excavation 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 buildings in the site or subdivision shall be clearly marked with signs and barricades. Alternative 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 street and properties.
4.
Construction equipment, materials and trucks shall not be stored within one hundred fifty (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 of 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 subdivisions 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 of Traffic Control Devices, will be erected and maintained by the developer.
b.
Should the developer fail in his obligation to maintain the site or subdivision in a safe and orderly condition, the borough 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 10% cash or certified check portion of the performance guarantee. Upon notice of such deduction, the developer shall, within 10 days, restore the full 10% cash balance or his performance guarantee will be held to be void and the Borough may take action as if final plat approval had not been obtained.
c.
The Construction Official shall, upon receiving notice from the Borough 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.