OCEAN CITY — If proposed rules make it through second reading and a final vote of City Council on Aug. 7, contractors would face restrictions on where they could park dumpsters and construction trailers.
City Solicitor Dorothy McCrosson said the administration has been working on this new ordinance for months, talking to the construction community, whose opposition blocked an earlier version, and the city’s code office to make sure it is both workable and enforceable.
The concept is that builders would be able to use the street immediately adjacent to the property under construction for dumpsters, trailers and vehicles. They would be able to leave them in what is considered a work zone overnight.
During the busy summer season, when finding parking is a headache across the city, builders must remove all other vehicles from the street overnight.
“In the wintertime, that’s not the case, but when parking is at a premium, you won’t see those construction trailers on the street unless they are adjacent to a construction site for which a permit has been issued,” McCrosson told members of council at the July 17 meeting.
She noted there is language allowing for flexibility should special circumstances arise. McCrosson said the ordinance also deals with damage caused to city streets, requires fencing on sites, tightens up maintenance of construction sites and sidewalks, and requires dust control.
“These are issues many of you have identified and others that were identified by city staff,” she said.
In December, council voted 7-0 on first reading on a more restrictive ordinance that included a ban on construction vehicles and trailers after 6 p.m. daily, limiting the size of dumpsters on the streets to 10 cubic yards and other rules.
Two weeks later, about 16 different home builders and contractors appeared before council and said the ordinance would cause too many problems for them. Some called the ban a political move, but others said it was based on a limited number of contractors who were causing the problems and giving the rest a bad rap.
They also felt they were not consulted about the changes even though they are key to development in the city, and would have been able to make suggestions for a better ordinance.
City Council listened and tabled the ordinance, leading to the new version presented July 17.
The ordinance
No vehicle longer than 22 feet is allowed to be parked on the streets, alleys or rights of way at any time in Ocean City.
From May 1 to Sept. 30, boats and trailers less than 22 feet may be parked overnight but not longer than three days. From Oct. 1 to April 30, those boats can be parked up to seven consecutive nights.
No commercial or construction trailer, commercial vehicle or construction vehicle can be parked overnight on any street without a permit. Dumpsters will be allowed, with a permit, for as long as one year in 30-day increments but must be in the work zone adjacent to the work site. The maximum size for dumpsters is 20 cubic yards, but the city can approve dumpsters up to 30 cubic yards in capacity.
From May 1 through Sept. 30, commercial and construction trailers, equipment and vehicles can be parked overnight only in the work zone, unless there are special circumstances. The circumstances include limited frontage such as no waterfront or for work being done on city-owned property.
Dumpsters must remain covered when not in use to contain all the materials and must be covered in transit. When on streets, there must have wood or similar materials under the rollers to protect the streets from damage.
Portable toilets and construction materials must be in the work zone but cannot be in the public right of way.
There must be 2-foot-tall fencing — plywood or silt fence — around the entire work site, but that may allow entrance and exit at the front or rear.
“Great ordinance”
Third Ward Councilman Jody Levchuk and Fourth Ward Councilman Dave Winslow called it a great ordinance.
On a question from Winslow, McCrosson said a memo about the new restrictions will be handed out to contractors and builders with the building permits.
Second Ward Councilman Keith Hartzell noted a frustration with people who keep moving their trailers to keep them on city streets and ripping off the “abandoned” sticker placed on them.
“Nothing makes me madder,” he said. “It’s a cat-and-mouse game.”
It’s the same two or three people who abuse the system, Hartzell added. He said the best way to monitor the situation is for the public to report violations.
Winslow noted there is a provision in the ordinance that prohibits contractors from just moving a vehicle or trailer to another spot to avoid the time limits.
Council approved the measure in a 7-0 vote. It is set to be back for second reading and public hearing Aug. 7.
– By DAVID NAHAN/Sentinel staff