Avalon Builders’ Rules Take Shape

AVALON – After a summer in which residents, many of them second homeowners, repeatedly complained to Borough Council about the noise and disruption caused by construction projects, the governing body is moving closer to regulations to limit summer construction in a variety of ways. Discussion occurred at the Oct. 24 work session. 
Council is considering changes to parts of the municipal codes that regulate the activity of construction sites, designate days and hours when construction is permissible, and control parking or placement of trailers, dumpsters and motor vehicles.
Areas of Agreement
A consensus exists concerning holidays and construction hours. 
For purposes of construction activity, the summer season will run from mid-June through the weekend after Labor Day. 
During that time the new in-season regulations will be in force.
Memorial Day Weekend will be included under the umbrella of the in-season regulations.
In-season construction hours will be limited to 8 a.m. to 5 p.m. Monday through Friday. Saturday hours will be 8 a.m. to 4 p.m. for July and August with builders not allowed to engage in outside work during that time.
Construction activity will not be allowed on summer holidays.
A Saturday to Monday ban will exist for Memorial Day and Labor Day weekends.
July 4 will be handled differently depending on when in the week the holiday falls, but the holiday itself will be construction free in all cases.
Council has also agreed that the code enforcement official will be provided with a new weapon to be used against repeat offenders of borough regulations.
Noting that some builders have treated municipal fines as just a cost of doing business, council is likely to provide code enforcement with the power to issue a stop-work order when the builder has been repeatedly cited for violations of construction rules.
Areas of Emerging Consensus 
Council continued to discuss what constitutes construction activity. Council member John McCorristin argued that council was going “way over what was requested” by residents who brought the issue to council. 
For McCorristin, issues like site cleanup after construction hours end should not be included in regulations. He argued for a definition of construction that would make clear allowable activity at the site after construction hours.
An agreement appeared to be emerging on a 30-minute window at the end of the construction hours during which site cleanup could take place as long as the activities do not involve the use of any power equipment. McCorristin had resisted a move to include site cleanup in the framework of the 8 a.m. to 5 p.m. work hours and seemed ready to agree to a compromise when he said “30 minutes is better than no minutes.” 
It is also likely that the changes to the municipal code will include restriction on holiday construction in the off-season including the holidays of Christmas, Thanksgiving, New Years and Easter. 
Since some of those holidays can appear at various times in the week, the exact way in which they will be handled has not been determined.
Areas to be Addressed
Two areas of concern have not yet had sufficient discussion in council work sessions to make clear the direction code changes will take.
One of these concerns is parking and the use of 40-foot dumpsters placed on streets. Residents have complained that construction trailers, dumpsters, and workers’ vehicles commandeer all available parking on streets with construction activity.
They point to blocked driveways, compromised lines of sight and other nuisance and safety concerns. Some have also argued that large, heavy dumpsters damage streets leaving taxpayers with the cost of repairs.
Council is considering the designation of a construction zone around a work site that would limit a contractor’s ability to use streets for trailers, dumpsters, and building supplies. 
Some residents have pushed for an ordinance that would mandate the removal of all trailers each night after construction hours.
Another concern is the sawing of Azek and other similar composite materials that produce clouds of “plastic dust” which residents say covers their homes, decks, and cars. 
Others urge council to deal with the issues as they would an environmental pollutant that poses a danger to the bay.
Council member Nancy Hudanich had urged the committee working on ordinance changes to consider strong language aimed at protecting the environment from plastic debris.
Council is considering mandating the use of bags on saws intended to capture the dust. McCorristin has pointed out that bags do not capture all the debris and has suggested requiring the cutting be done over tarps that could then be used to collect and dispose of remnants from sawing.
Ordinance Consideration
The goal remains to have ordinance changes adopted prior to the start of summer 2019. To give contractors ample time to adjust to new regulations that probably means ordinance introduction by the end of this year or very early 2019.
One concern expressed by several of the homeowners has been that the changes would take place while they are not in Avalon and are thus not able to participate in the required public hearing.
To contact Vince Conti, email vconti@cmcherald.com.