BOROUGH OF STONE HARBOR CAPE MAY COUNTY STATE OF NEW JERSEY NOTICE OF ORDINANCE INTRODUCTION ORDINANCE NO. 1684 AN ORDINANCE AMENDING CHAPTER 178 OF THE MUNICIPAL CODE FOR THE BOROUGH OF STONE HARBOR BUILDING & CONSTRUCTION BE IT ORDAINED by the Mayor and Council of the Borough of Stone Harbor, that Part II, Chapter 178, Sections 178-3, 178-20, and Chapter 199, Section 199-2 of the Ordinances of the Borough of Stone Harbor are hereby added and/or amended as set forth below. NOW THEREFORE, BE IT ORDAINED, by the Borough Council of the Borough of Stone Harbor, Cape May County, New Jersey, as follows: Repeal 178-3 as follows: 178-3 Dust Prevention Dry material or rubbish shall be wetted down, if necessary, to lay dust or prevent being blown about. Add new 178-3 and 178-3.1 as follows: 178-3 Control of Plastic Dust and Contaminants The following provisions shall apply to each construction site in the Borough: a.The owner and general contractor and project manager, if there be one, shall jointly and severally be responsible to maintain the construction site under their control in such a manner as to minimize any negative impact, inconvenience or nuisance upon neighboring residents and to comply with all of the provisions of this chapter. This shall include, but not limited to, the elimination or control, to the greatest extent possible, of all airborne par-ticles originating from the cutting or sanding of construction materials inclusive of fiberglass, plastics, microplastics, and the derivatives therefrom. This requirement shall extend to and apply to all subcontractors, craftsmen, and other persons or entities working on the construction site. b.Traffic: All construction vehicles must obey all traffic laws as specified in Title 39 of the New Jersey Statutes. c.Tools: To the extent that tools and equipment are available commercially that reduce noise, dust, and pollution of any kind, such tools shall be utilized by all persons and enti-ties working on the construction site. All tools used for cutting or sanding of any materials, including but not limited to, fiberglass, plastics, microplastics, and similar type materials shall be equipped with an attachment that captures, to the greatest extent possible, dust and debris. If such attachment is available and not used, the construction project may be subject to the stop-work provisions of this chapter. d.Litter and debris: All cutting or sanding of materials that are described in subsections (a) and (c) above shall be cut on the streetside, on the first floor of the construction site, whenever possible. When possible, these materials are to be cut in a partially or completely enclosed space on the first floor. Contractors are required to have a tarp under areas where these materials are cut, and at the end of each workday, or more frequently if the particular circumstances should require, contractors are required to properly dispose of all dust, debris, and particles produced at the construction site as herein provided. All litter, trash, debris, waste, including dust and par-ticles resulting from the cutting or sanding of construction materials and other construc-tion materials intended to be discarded shall be deposited into a dumpster at the end of the workday (and more frequently, if required) and completely and adequately-covered and secured. Any such materials likely to blow away and go onto adjoining properties, or otherwise likely to become airborne must be deposited into the dumpster throughout the day and completely and securely covered in order to prevent any such occurrence. e.Contractors are strictly prohibited from blowing debris, dust, or plastic contaminants into streets and/or storm drains. All contractors must dispose of waste materials properly in ac-cordance with existing municipal waste disposal regulations. Contractors must separate waste and recyclable materials, such as cardboard, and dispose of the same in accordance with Borough ordinances. f.Contractors whose job site drains to a public stormwater inlet after stormwater leaves the property, shall install a filter at the stormwater inlet prior to cutting, drilling, or any activity regulated by this Section. The filter shall be Polypropylene Geotextile which conforms to ASTM Test D4491, D4751 and D4355. 178-3.1 Compliance and Enforcement 1.The owner of any property in violation of this article shall, upon conviction thereof, be subject to the penalties set forth in Chapter 1, Article III, Penalty, of the Borough of Stone Harbor Code. Each day the violation continues shall constitute a separate offense. 2.In addition thereto, the court, keeping in mind the purpose of this article, shall have the power to order the proper closing, safety precautions and cleanup with respect to the property. 178-20 Construction debris; dumpsters. Repeal Subsection B as follows: B. A construction site dumpster shall be of sufficient size to accommodate all construction debris and trash and refuse accumulated at the construction site, subject to the limitation as hereinabove described. The dumpster shall be equipped with a cover, and the dumpster shall be covered as appropriate, and must be covered between the hours of 6:00 p.m. and 6:00 a.m. prevailing time and during such periods of time that no representative of the permittee is present at the location, so as to prevent any construction debris, trash or other refuse from escaping and/or becoming scattered throughout the general neighborhood or on the construction site. The covering for the dumpster must be of sufficient size and made of such material to prevent the cover from blowing off due to wind or other elements. Add new Subsection B as follows: B. (1) Effective June 1, 2025 and thereafter, each and every dumpster delivered to a con-struction site in the Borough for use during construction or demolition, shall be equipped with a cover, or such cover shall be supplied by the owner providing the dumpster, and which shall be of sufficient size to completely cover the dumpster, and such cover shall be capable of attachment thereto. The cover shall be made of such durable material as will cause the cover to be secured and to remain in place during transit within and outside the Borough. (2) Such cover must be capable of being secured in such manner as to prevent the spilling or discharge of debris or other materials while being transported from the Borough to the destined disposal site. (3) The owner of the dumpster shall supply the cover required by this section and the dumpster shall not be removed from the construction or demolition site until and unless such cover is securely affixed to the dumpster. This cover shall also be used to cover the dumpster during construction and demolition as herein provided. (4) The owner of the dumpster, the contractor, and their employees and agents shall be jointly and severally responsible for compliance with these requirements and violations shall be punished as hereinafter provided. (5) The surface on which the dumpster will be placed shall be protected. A sufficient amount of plywood shall be placed on the surface where the underside of the dumpster makes contact with the surface to displace weight and protect the surface. Add new Subsection E as follows: E. It is unlawful for the owner or operator of any dump truck, open-top truck, construction vehicle with a dumpster or roll-off container, or vehicle with an open cargo area, including any pick-up truck or any trailers attached to any of the foregoing: a.to operate such vehicle or trailer within the Borough or drive upon its streets and roadways while transporting or removing construction or demolition materials, debris, or other items that could spill or discharge from the container, UNLESS b.the container or cargo area is fully and securely enclosed and covered with a canvas tarp, nylon net, or other suitable material designed to prevent spillage. c.This enclosure or cover must span the entire cargo area, be tightly secured, and withstand wind and other elements during transit to prevent any spillage or discharge. Add new 199-2 as follows: 199-2 Certification of Proper Dock Disposal Required for Permit Issuance (a)Certification Requirement. No permit for the construction, reconstruction, or replacement of a dock shall be issued by the Construction Official or any other authorized enforcing agency of the Borough of Stone Harbor pursuant to this Chapter unless and until the ap-plicant submits a Dock Disposal Certification, as defined herein, verifying that the exist-ing dock has been lawfully disposed of at the Cape May County Municipal Utilities Au-thority (the CMCMUA). (b)Dock Disposal Certification Defined. The Dock Disposal Certification shall consist of a written document, signed and dated by the applicant under penalty of perjury. The certi-fication shall include, at a minimum, the following information: 1.The date of disposal at the CMCMUA. 2.A statement affirming that the disposal was conducted in full compliance with all applicable federal, state, and local laws, including but not limited to NJDEP solid waste regulations. SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. EFFECTIVE DATE This ordinance shall take effect upon passage and publication as provided by law. NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed first read-ing at the Regular Meeting of the Borough Council of the Borough of Stone Harbor, County of Cape May and State of New Jersey, held on the 6th day of May, 2025 and said Ordinance will be further considered for final passage and adoption and a public hearing will be held thereon at a Regular Meeting of the Stone Harbor Borough Council to be held in the Municipal Building, 9508 Second Avenue, Stone Harbor, New Jersey on the 3rd day of June, 2025 at 5:00 PM or as soon thereafter as the matter may be reached. Maureen Lawshe, RMC, Interim Borough Clerk Borough of Stone Harbor 1 xFee=$189.08 5/14/25
