Some parts of township code currently contradict on times, pile driving
PETERSBURG — Township Committee is working on changes to its policy on pile driving and demolition.
Solicitor Dan Reeves said the township would be reintroducing the ordinance with some changes that incorporate parts of Chapters 3 and 10 of the township code.
“Chapter 3 says you may not do these activities during these certain times and Chapter 10 says you may not do these activities on certain days of the week,” Reeves said during the Township Committee meeting on Jan. 23. “They each are phrased in the negative, not necessarily conflicting but don’t necessarily jive either.”
He said Chapter 10 prohibits all demolition work and pile driving on Saturdays and Sundays and provides a schedule for permitted times Mondays through Fridays for different areas of the township.
He said Chapter 3, which is more focused on the noise ordinance, would permit some demolition work to take place Saturdays and Sundays if not for Chapter 10, which is more focused on building codes, prohibiting it.
“When you read them both, this one seems to say I can do it that day but the other says I can’t,” Reeves said.
What Township Committee must decide, he said, is whether it wants to prohibit demolition work of any kind on Saturdays and Sundays or restrict it to certain times of day, during different times of year and in different area.
Reeves said the noise ordinance approved in 2018 was focused on homeowners and commercial operators and involved the use of power tools, landscaping and yard maintenance equipment, while another section was for construction and demolition activity and a third for pile driving.
Reeves said the committee could revise Chapter 3 or Chapter 10 so they are consistent.
“You could make Chapter 10 refer to what you have in Chapter 3, come up with something that applies to everything township-wide with specialty provisions based on time of year and zone, then you would have a single, cohesive code and the other sections would point to that,” he said.
Reeves said Chapter 3 more closely reflects the will of the committee.
Committeeman Curtis Corson said he would like Presidents Day weekend added to the list of holidays when demolition, construction and pile driving are prohibited, saying it is a busy weekend for people visiting the shore.
Reeves said Chapter 3 does not address holidays but does address weekends and prohibitions in the summer season. He said Presidents Day could be added to Christmas Day, Memorial Day, Labor Day, Independence Day, Thanksgiving and New Year’s Day.
Deputy Mayor Kim Hayes asked if Chapter 10 pertained only to the Strathmere section of the township.
Reeves said part of it was “formulated specifically with the resort district in mind but the language does not specifically apply to the district. Therefore, it is a township-wide ordinance that does prohibit these activities.”
Noting the Beesley’s Point Development Group asked if it could conduct demolition work on weekends, he said Chapter 3 would allow that.
“It may make sense under certain circumstances to permit demolition or construction on Saturdays or Sundays,” Reeves said.
“I think that’s how we are going to have to go,” Mayor Jay Newman said. “Some people may want to tear down a shed on Saturday. It may be the only time they can do that.”
Dietrich said almost all demolition permits come from Strathmere, noting on the mainland they typically are requested only after a building fire.
“If we wanted to say we don’t care if you want to demolish or build something on the Fourth of July in Petersburg where with the lot size minimum it will not be as impactful, in Strathmere with smaller lots, maybe we don’t want construction on the Fourth of July,” Reeves said.
By CRAIG D. SCHENCK/Sentinel staff
