ORDINANCE 20-2004

ORDINANCE REGULATING HOURS OF CONSTRUCTION AND USE OF

POWER EQUIPMENT AND SUPPLEMENTING THE MENDHAM TOWNSHIP

ORDINANCE CODE WITH A NEW SECTION 3-9

BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF MENDHAM IN THE COUNTY OF MORRIS AND STATE OF NEW JERSEY, as follows:

Section 1. The Revised General Ordinances of the Township of Mendham, 1998 are hereby supplemented by adding thereto a new Section 3-9 entitled “Hours of Construction and Use of Power Equipment” to read in its entirety as follows:

“3-9 HOURS OF CONSTRUCTION AND USE OF POWER EQUIPMENT

3-9.1 Purpose The purpose of this Section 3-9 is to regulate the hours of construction and the use of power equipment out-of-doors in order to protect and promote the health, welfare and safety of the public and the peace and tranquility of the Township.

3-9.2 Activities Restricted

a. The construction, maintenance, repair, alteration or demolition of any building or structure, or the laying of any pavement, including, but not limited to, making an excavation, movement of earth, clearing of land, and loading or unloading of construction material, equipment or supplies, shall be unlawful except as specified in this Section 3-9.

b. Operating any power equipment, including, but not limited to, a power saw, hammer, sander, drill, grinder, lawn mower, leaf blower, woodchipper, thatcher, generator, air compressor or like power equipment, shall be unlawful except as specified in this Section 3-9.

3-9.3 Permitted Hours of Restricted Activities

The activities restricted by this Section 3-9 shall be permitted only during the following hours:

weekdays:        7:00     a.m.      to         8:00     p.m.

Saturdays:        8:00     a.m.      to         6:00     p.m.

Sundays and legal holidays:       9:00     a.m.      to         6:00     p.m.

Such activities on Sundays and legal holidays may be conducted only by the owners or occupants of the premises or their family members and not by contractors or employees.

3-9.4 Exceptions The restrictions of this

Section 3-9 shall not apply to the following:

a. Activities confined within a wholly enclosed building or structure.

b. Activities conducted pursuant to and within the terms of a permit issued by the Township Administrator where he finds that the public health and safety will be enhanced by the work or will be harmed by failure to perform the work at the times indicated therein.

c. Activities necessary to prevent injury to persons or property, including snow removal.

d. Activities conducted by or for any government unit or agency.

e. The operation of a generator during a power failure.

f. The operation of a farm as permitted under the Right to Farm Act (N.J.S.A. 4: 1C-1 et seq.).”

Section 2. Paragraph 3-2.2 (g) of the Township Ordinance code is hereby repealed.

Section 3. This ordinance shall take effect after final passage and publication as provided by law.