At the Wednesday, January 23rd, 2019 meeting of the Avalon Borough Council, the governing body held the second reading, public hearing, and final adoption of ordinance changes that regulate construction activity in the Borough of Avalon. Following public meetings and dialogue with stakeholders, Borough Council made changes to various regulations stated in the Borough Code. These changes are effective as of May 1st, 2019. The Borough has provided this discussion regarding some of the key provisions of the changes.
If you perceive a code violation of any nature, you may report it directly to the Division of Code Enforcement staffed by Paul E. Short Sr. and Lisa Sasdelli. The office number for the Division is (609) 967-5922. Or, you can use the Code Enforcement portal via the Avalon municipal website. The url for the portal is https://www.citizenserve.com/Portal/PortalController. You can create an account and track the investigation and remediation of any sustained code enforcement complaints.
Here is a summary of the highlights of the various changes to construction regulations in the Borough of Avalon, effective May 1st, 2019. The entire ordinance is provided as a PDF here: Ord 782-2018 – Chapter 7, Chapter 8 & Chapter 20 – Construction Regulations 2019
It remains the intention of the Borough of Avalon to continue the practice of having an on-duty Code Enforcement Officer starting one hour before allowable construction activity through one hour after allowable construction activity in-season. The Avalon Police Department, Construction Office, and Department of Public Works also carry various abilities to enforce and regulate these ordinances.
Offseason and In-season definitions:
“Offseason” is defined as the Monday after the second Sunday in September through the Sunday before the third Monday in June. “In-season” is defined as the third Monday in June through the second Sunday in September.
Hours of allowable construction:
Offseason: Monday through Friday, 7am-7pm; Saturday, 8am-5pm; Sunday, 9am-5pm
In-Season: Monday through Friday, 8am-5pm; Saturday, 8am-5pm except July and August, when hours are 8am-4pm; Sunday construction is prohibited. Please note: On Saturdays in July and August, only indoor construction activity is permitted. Prohibited activities include the driving of pilings; rough framing and roofing; exterior siding and trim; cutting of masonry materials related to the installation of the foundation of any structure, and any related equipment related to the installation of cement or plaster materials related to the installation of a pool or spa. Other interior activity is permitted.
Holiday Construction Prohibition:
Easter Sunday, Memorial Day weekend Saturday through Monday, July 4th, Labor Day Monday, Thanksgiving day, and Christmas day. If July 4th falls on a Monday, all construction is prohibited Saturday through the holiday. If July 4th falls on a Friday, all construction is prohibited from the holiday through Sunday.
Landscape Maintenance and Landscape Construction:
Routine landscape maintenance can occur on any day, with no restrictions. Landscape construction follows the same schedule as construction.
Establishment of Construction Zone:
A construction zone is required adjacent to a construction project within the property line boundaries of a property, during “In-season”. The zone requires the contractor to either put all trailer-type vehicles, tool trailers, and dumpsters on the footprint of the property or in the construction zone adjacent to the property during non-construction hours. These vehicles are not permitted to be parked elsewhere in the Borough. During actual construction hours, these vehicles may be parked within 200 linear feet on the same side of the street as the construction project adjacent to the curb. At no times are sidewalks allowed to be blocked. There are no requirements for offseason construction zones; however, at the discretion of Borough officials, a construction zone may be required during the offseason when the public safety and health of adjacent property owners may be impacted. Construction zones are essentially no parking zones where only constructed-related equipment may be legally parked.
Dumpsters must be placed either on the actual footprint of the property under construction or within the limits of the construction zone, year round. It is the contractor’s obligation to have the dumpsters covered at all times during non-construction hours. Contractors must receive a permit from the Construction Office before placement of a dumpster, in the construction zone, is allowed by the Borough.
Construction fences are required at construction sites defined in the ordinance. They must be made out of plywood and must be at least two feet in height. A fence is not required street side of the property to allow safe egress by construction workers.
Delivery of Materials to Construction Sites:
All building and landscaping supplies and materials delivered to the job site must be placed on the actual job site. Only in rare, extenuating circumstances may a contractor receive permission to have temporary storage within the confines of the construction zone. Shall that permission be granted, the materials must be out of the zone and on the property within 24 hours with no exception.
Impact on neighboring properties:
Shall a contractor use a tool that can be fitted with a dust collection bag or other similar device, it shall be used. If this dust control bag/device is available and not being used, a Stop Work Order may be issued to the general contractor which stops all aspects of the job. Any damage or impact to a neighboring property requires the contractor to immediately remedy the situation by any means practical.
Contractors are required to post a sign at the construction site that includes block and lot, physical address, contractor’s name, emergency contact number, email address, as well as number/email address for construction manager.
Stop Work Orders:
The Borough reserves the ability to issue a Stop Work Order at a job site in the event of continuing, recurring, or repetitive violations of Borough Code or when there is an imminent threat to public safety, health, and welfare. The Stop Work Order stops the entire construction process and will only be lifted when a remediation plan is reviewed and accepted by the Borough.