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ORDINANCE 2014-07 Extending Hours for Home Construction/Reconstruction for NJ RREM Contractors

DENIED: March 18, 2014

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING THE CODE OF THE BOROUGH AT CHAPTER 3 POLICE REGULATIONS, SECTION 3-2.6(b)(6) ENTITLED “CONSTRUCTION NOISE” TO EXTEND HOURS FOR HOME CONSTRUCTION BY NJRREM CONTRACTORS

BE IT ORDAINED by the Mayor and Council of the Borough of Point Pleasant Beach (Borough), County of Ocean, State of New Jersey, as follows:

WHEREAS, the Governing Body seeks to aide residents displaced from Sandy; and

WHEREAS, the Governing Body has received a request from builders under a 90 day deadline to complete the work as required by the NJRREM for an extension of the hours of construction; and

WHEREAS, the Governing Body recognizes that in evaluating this request it is important to consider the impact of the extended hours on this displaced residents that are now, once again, living at home;

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Point Pleasant Beach, in the County of Ocean and State of New Jersey, as follows:
Section 1.
Chapter 3, Section 3-2.6(b)(6) of the Borough Code, is hereby amended to read as follows:
b. Specific Prohibitions. The following acts, among others, are declared to be loud, disturbing, or excessive noise in violation of this section, but said enumeration shall not be deemed to be exclusive, namely:

. . . .

6. Construction noise. Operating or causing to be operated any equipment used in commercial construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances thereto, in residential or commercial land use categories, between the hours of 6 p.m. and 8 a.m. the following day on weekdays, between 6 p.m. Saturday night and 8 a.m. Monday morning and on legal holidays. This shall include but not be limited to cranes, bulldozers, backhoes, front-end loaders, trucks and dump trucks, commercial saws, jackhammers, nail guns and other similar construction equipment.
For Contractors working to get homeowners displaced by Sandy back in their homes through the New Jersey RREM program and who have reported their status as a New Jersey RREM contractor to the Pont Pleasant Beach Police Department, together with the address where the construction operation is taking place and the beginning and ending date of the 90 day construction period for that construction project, may, during the 90 day period for the reported project work extended hours.
These extended hours prohibit construction activities between the hours of 8 p.m. and 7 a.m. the following day Monday through Friday, between 8 p.m. Friday night and 8 a.m. Saturday, and between 6 p.m. Saturday night and 7 a.m. Monday morning and on legal holidays during said 90 day period. This shall include but not be limited to cranes, bulldozers, backhoes, front-end loaders, trucks and dump trucks, commercial saws, jackhammers, nail guns and other similar construction equipment.


Section 2.
In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.

Section 3.
All ordinances, or parts thereof, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of their inconsistencies.

Section 4.
This Ordinance shall take effect immediately upon adoption and publication in the manner required by law.


NOTICE

TAKE NOTICE that the foregoing ordinance was introduced and passed on first reading at a regular meeting of the Mayor and Council of the Borough of Point Pleasant Beach held on the 4th day of March, 2014 and will be further considered upon second reading for final passage at a regular meeting of the said Mayor and Council to be held on the Tuesday, the 18th day of March, 2014, at the Point Pleasant Beach Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey, at 7:30 p.m., or as soon thereafter as the matter may be reached, at which time and place any person desiring to be heard thereon will be given such opportunity.



__________
Maryann Ellsworth, RMC
Municipal Clerk


Published March10, 2014 | New Ordinances | 1795


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