Introduction Ordinance 2026-12

NOTICE IS HEREBY GIVEN that the foregoing Ordinance and the summary of terms which are included herein, was introduced and passed by the Borough Council of the Borough of Bay Head on first reading at a meeting held on the 1st day of June 2026 at 7:00 p.m. The Ordinance will be considered for second and final reading at a meeting of the Borough Council which is scheduled for the 6th day of July 2026, at 7:00 p.m., or as soon thereafter as the matter may be reached, at the Municipal Building located at 83 Bridge Avenue, Bay Head, New Jersey, at which time the public is invited to ask questions, raise objections, or provide public comment with regard to the proposed adoption of this Ordinance.  This ordinance shall be available for public examination in the Office of the Borough Clerk during normal business hours. The summary of the ordinance is as follows:

TITLE:     
AN ORDINANCE OF THE BOROUGH OF BAY HEAD, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING CHAPTERS 163 ENTITLED “NOISE,” SECTION 163-2 ENTITLED “EXAMPLES OF NOISE,” AND 147 ENTITLED “LAND USE,” SECTION 147-56 ENTITLED “CONSTRUCTION REQUIREMENTS” OF THE MUNICIPAL CODE

PURPOSE: Amending Chapters 163 & 147 - Noise,Land Use, & Construction Requirements

SECTION 1. The Municipal Code of the Borough of Bay Head is hereby amended and supplemented so as to amend Chapter 163, entitled “Noise,” Section 163-2, “Examples of Noise,” so as to amend §163-2(A)(7)(a) in its entirety as follows:  

§ 163-2  Examples of Noise.

(7) Construction, landscaping or lawn-cutting activities.

(a) Property owners may allow the conducting of landscaping or lawn-cutting activities on their properties only between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday. Property owners may not permit any landscaping or lawn-cutting activities on their properties on Saturdays and Sundays, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

(b) Property owners and tenants may personally conduct landscaping or lawn-cutting activities on property they own or lease without commercial assistance between the hours of 8:00 a.m. and 7:00 p.m. on Monday through Friday and between the hours of 9:00 a.m. and 7:00 p.m. on Saturday and Sunday.

(c) "Landscaping or lawn-cutting activities" within the meaning of this chapter shall include, but not be limited to, the use or operation of power lawnmowers, leaf blowers, and any noise-creating blower, as well as landscaping work performed by landscaping contractors.

For construction restrictions and requirements, see §147-56.

SECTION 2. The Municipal Code of the Borough of Bay Head is hereby amended and supplemented so as to amend Chapter 147, entitled “Land Use,” Section 147-56, “Construction Requirements,” so as to amend §147-56 in its entirety as follows: 

§ 147-56  Construction Requirements.

(a) Property owners may allow the conducting of construction activities on their properties only between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday. Property owners may not permit any construction activities on their properties on Saturdays and Sundays, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

(b) Property owners and tenants may personally conduct construction activities on property they own or lease without commercial assistance between the hours of 8:00 a.m. and 7:00 p.m. on Monday through Friday and between the hours of 9:00 a.m. and 7:00 p.m. on Saturday and Sunday.

(c) In case of urgent necessity or in the interest of public health or safety, the Construction Official may grant a permit for construction activities for a period not to exceed three days for work to be carried on over a twenty-four-hour basis.

(d) "Construction activities" within the meaning of this chapter includes any excavation, demolition, construction, repair, or alteration, and work performed by plumbing, electrical, carpentry, masonry, tile, and pool installation and painting contractors.

(e) All construction stakes and grades thereon shall be set by a New Jersey licensed surveyor in the employ of the developer or his contractor, and a duplicate copy of the notes made therefrom shall be filed with the Borough Engineer.

(f) No construction work shall commence without the Borough Engineer being properly notified. Such notice shall be given at least 48 hours before the commencement of work.

SECTION 3. All Ordinances or parts of Ordinances inconsistent herewith are hereby repealed, but only to the extent of such inconsistency.

SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.

SECTION 5. This ordinance shall take effect after second reading and publication as required by law.

ANTOINETTE JONES, RMC, CMR, BOROUGH CLERK