Notice of Public Hearing-Ordinance 12 of 2026

City of Somers Point

Notice of Public Hearing

Ordinance No. 12 of 2026

AN ORDINANCE AMENDING CHAPTER 169, “LITTERING AND PROPERTY MAINTENANCE,” ARTICLE I, GENERAL PROVISIONS, SECTION 169-11, ENTITLED “CONSTRUCTION DEBRIS,” OF THE CODE OF THE CITY OF SOMERS POINT

WHEREAS, the City Council of the City of Somers Point has determined that construction and demolition sites may create conditions that allow litter, debris, and other materials to be dispersed onto adjacent properties and public rights-of-way; and

WHEREAS the City Council finds it necessary to establish clearer standards for the containment and management of construction debris in order to protect public property, neighboring properties, and the general welfare of the community.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Somers Point, County of Atlantic, State of New Jersey, as follows:

SECTION 1.

Chapter 169, “Littering and Property Maintenance,” Article I, General Provisions, Section 169-11, entitled “Construction Debris,” is hereby amended to read as follows:

§ 169-11. Construction Debris.

It shall be unlawful for any property owner, agent, or contractor having responsible charge of a construction or demolition site to permit the accumulation of litter, debris, or trash before, during, or after completion of any construction or demolition project.

Accordingly, any property owner, agent, or contractor having responsible charge of a construction or demolition site shall comply with the following requirements:

A. Containers for Debris.

Adequate containers shall be provided for flyable materials and non-flyable debris and/or trash at locations on the construction or demolition site convenient to the active area of construction or demolition. Such containers shall be maintained and emptied with sufficient frequency to prevent spillage or the wind-driven transport of materials or debris from the site.

B. Perimeter Barrier and Soil Control.

A solid wood fence or other barrier approved by the City, with a minimum height of two (2) feet where applicable, shall be installed as necessary to contain debris, sediment, and other materials and to prevent their migration off site.

All soil and sediment control measures shall comply with the Vegetative and Engineering Standards, Chapters 1 through 32 inclusive, promulgated pursuant to the Soil Erosion and Sediment Control Act of 1975, as amended (N.J.S.A. 4:24-39 et seq.), and the New Jersey Administrative Code (N.J.A.C. 2:90-1.1 et seq.).

C. Portable Toilets.

Where portable toilet facilities are utilized, such units shall be located entirely within the construction fencing on the subject property, with the entrance door facing away from the street right-of-way. Under no circumstances shall a portable toilet be placed within any municipal or county street or State highway right-of-way.

D. Responsibility for Cleanup of Adjacent Areas.

The property owner, agent, or contractor having responsible charge of a construction or demolition site shall ensure that all sidewalks, streets, public rights-of-way, and adjacent properties remain free of construction debris, litter, dust, or other materials originating from the construction or demolition site on a daily basis. Any such materials that migrate beyond the limits of the construction site shall be removed promptly. Failure to remove such materials upon notice from the City shall constitute a violation of this section; and The Public Works Department Supervisor is authorized to cause the removal of such items and the cost of such removal shall be certified by the Supervisor to the Chief Financial Officer of the City and shall be charged to the property owner or the contractor responsible for the site. If the cost is not paid within ten days following issuance of an invoice to the owner and contractor, the cost shall constitute a lien upon the property and shall be added to the assessment for taxes in the next quarterly tax bill.

E. Violations and Penalties.

Any property owner, agent, or contractor who violates any provision of this ordinance shall, upon conviction in Municipal Court shall be subject to the General Penalty provisions set forth in Article II General Penalty of the Somers Point Municipal Code Sections 1-15 through 1-19 with a minimum fine of $100 for each initial offense.

F. Acknowledgement.

The issuance of a zoning permit or construction permit shall constitute acknowledgment of, and agreement to comply with, the provisions of this section.

G. Enforcement

The provisions of this Section may be enforced and notice of violations may be issued by any member of the Somers Point Police Department, the Somers Point Fire Department, the Somers Point Construction Official, Code Enforcement Officer, Zoning Official, or their designee(s).

SECTION 2.

All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency.

SECTION 3.

If any section, subsection, paragraph, sentence, or clause of this ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the remaining portions of this ordinance.

SECTION 4.

This ordinance shall take effect after final passage and publication as required by law.

Notice is hereby given that the foregoing ordinance was introduced and passed first reading at a regular City Council meeting of 4/9/2026 and said ordinance will be further considered for final passage and adoption after a public hearing to be held on 4/23/2026 at 7:00 p.m. in City Council Chambers, 1 West New Jersey Avenue, Somers Point, NJ 08244. Free copies may be obtained at the City Clerk’s Office, 1 West New Jersey Avenue, Somers Point, NJ, Mon.-Fri, 9am-5pm.

Shelby Heath, RMC

City Clerk

Posted 4/10/2026