6-6-2 Extended Construction Hours Work Permit.
A. Construction, demolition, excavation or grading may be extended beyond the hours specified in Section 10-1-4(B)(6) with an Extended Construction Hours Work Permit (ECHWP).
B. To receive an ECHWP, an application must be filed with the Building Official and the Town Engineer at least seven (7) days prior to commencement of work.
C. The ECHWP application must include:
1. An application fee of three hundred dollars ($300.00);
2. Explanation of circumstances that justify the issuance of the permit;
3. Supplementary documentation demonstrating need for permit (i.e., a Critical Path Method Schedule or any other scientific documentation);
4. An explanation of any mitigation measures that will be taken to reduce the impact of the off-hours construction work; and
5. A detailed schedule of proposed dates and times that work will be performed.
D. An ECHWP may only be granted if the Building Official and Town Engineer determine that all of the following conditions are met:
1. Circumstances exist that justify the issuance of the permit to include, but not limited to:
a. Weather or other environmental conditions interfere with completing the necessary work during allowed construction hours;
b. Obstruction or interference with traffic would improve public safety or be less objectionable at night than during the daytime;
c. Construction noise in the vicinity of the proposed work site would be less objectionable at off hours than during the allowed hours because of different population levels or different neighboring activities;
d. The proposed construction activities need to be executed in a continuous, uninterrupted manner to ensure satisfactory completion;
e. Economic hardship is not the primary justification given by the applicant.
2. The application presents the least intrusive means of completing the necessary work; and
3. The application has provided sufficient mitigation measures.
E. An approved ECHWP shall specify the dates and hours when off-hours construction work will be allowed and any mitigation measures that must be taken including, but not limited to:
1. Restrictions on lighting;
2. Limitations as to the amount, intensity and duration of noise created by the construction;
3. Measures to lessen the impact of any vibration that may be caused by the off-hours construction.
F. Notice.
1. In the event an ECHWP is approved, the holder of the permit has the responsibility to notify all property owners within a five hundred (500) foot radius of the site where off-hours construction will occur. Notification shall be made to all property owners for which any portion of their property falls within the notification radius.
2. The Building Official and Town Engineer may specify that notice be given to property owners outside the five hundred (500) foot radius.
3. Notification shall occur in the form specified by the Building Official either through the use of door hangers or by first class mail.
4. Regardless of the method of notification used, all required property owners shall be notified no less than forty-eight (48) hours of the time off-hours construction is due to begin.
5. The permit holder shall bear all costs associated with notification.
G. An ECHWP shall only be valid for those dates and times specified within the permit. Any work completed outside the approved dates and times shall be deemed a violation of this section.
H. A copy of an approved ECHWP shall be maintained at the construction site where the permitted work is to be performed and shall be presented upon request of any Town official.
I. Any violation of the conditions specified within the ECHWP shall result in an immediate revocation of the permit.
J. Violation of this section is a civil infraction carrying a potential penalty of two thousand five hundred dollars ($2,500.00) for each violation. Additionally, the Town may pursue injunctive relief against any person or company acting in violation of this section.
K. Appeals.
1. An applicant may appeal the decision of the Building Official and Town Engineer to deny an ECHWP application to the Town Council.
2. Appeals must be filed with the Town Clerk within ten (10) business days of initial decision. ((O)08-09, 05/07/2008)