Council Introduces Zoning Ordinance to Regulate Pile-Driving Operations in Ocean City

By Donald Wittkowski   City Council introduced a zoning ordinance Thursday night designed to make it easier for residents to rebuild their homes damaged by Hurricane Sandy. The measure, scheduled for a public hearing and final Council vote July 28, would loosen the city's restrictions on the use of pile-driving machinery for home construction and other projects. Council members and Mayor Jay Gillian emphasized that the ordinance would expand the operating hours only for the quieter and less disruptive pile drivers that use a boring or auger method. They stressed that the noisy, old-fashioned pile hammers that are infamous for their groundshaking vibrations would continue to face the same restrictions as they do now. Gillian explained that the measure would help homeowners who are still struggling to rebuild or repair houses that were damaged by Hurricane Sandy in 2012. "It's the homeowners who are coming to us and asking for help," Gillian told Council. Gillian, in response to questions from Council, said the restrictions were not being eased to accommodate contractors. Currently, all pile driving, no matter what the method, is limited to 10 a.m. to 3 p.m. Monday through Friday from July 1 to Aug. 31, City Solicitor Dorothy McCrosson said. Under the proposed ordinance, the operating hours for pile drivers using the boring or auger method would be expanded to 8 a.m. to 4 p.m. Monday through Friday year-round. The operation of noisy pile hammers, though, would continue to be limited to 10 a.m. to 3 p.m. Monday through Friday from July 1 to Aug. 31, McCrosson said. In addition, there would continue to be a ban on all pile driving, no matter what type, on weekend days, according to McCrosson. After receiving assurances from McCrosson that the pile drivers that use the boring or auger technology are far less intrusive than the hammer-type equipment, Council unanimously introduced the ordinance. However, Council did make some refinements on the notification requirements that contractors must follow when they perform pile-driving work. Contractors who use the boring or auger machines would have to notify surrounding property owners within 100 feet of the construction site at least 10 days in advance. If they planned to use the hammer-type pile drivers, they would have to notify property owners within 200 feet and at least 14 days in advance. Councilman Michael DeVlieger said the tougher restrictions for the hammer piles would help protect surrounding property owners from the noise and disruptions -- or, as he put it, "a circus." Although he voted for the proposed ordinance Thursday, DeVlieger said he would study the issue further before making a decision whether to support the measure when it comes up for final consideration July 28. Councilman Keith Hartzell recalled it was "a nightmare" years ago when the city crafted the original zoning ordinance to limit pile-driving hours. He said members of the public were so angered then by noisy pile drivers that they wanted to shut down construction sites. Hartzell indicated he wants to continue with the same types of restrictions that were negotiated years ago to protect surrounding property owners from disruptive pile drivers. McCrosson explained that the proposed ordinance reflects changes in the pile-driving industry. The hammer-type pile drivers are becoming less common, while the quieter boring and auger equipment is now used more often, she said. Councilman Tony Wilson agreed with McCrosson, saying that the pile hammers haven't been used in Ocean City for years. In other business Thursday, Council gave final approval to a zoning ordinance that prohibits residential development along the Ninth Street corridor, the main entryway into town. The measure includes construction requirements that will help beautify the Ninth Street gateway, particularly as efforts continue to remove three abandoned and blighted former gas stations there. Also Thursday, Council approved the hiring of an architect to oversee a proposed facelift for the exterior of historic City Hall. City Hall, which was built in 1914 and is an example of Classical Revival architecture, will have its masonry and terra cotta facade refurbished starting early next year. The estimated $400,000 project is expected to take six months to complete. Council hired Michael Calafati Architect LLC of Cape May to design and supervise the City Hall project as part of a $47,500 contract. Separately, Council approved a $29,500 engineering contract to explore options for the antiquated Public Safety Building, which is 125 years old. Originally, the mayor wanted to build an entirely new Public Safety Building, but Czar Engineering of Egg Harbor Township will study the possibility of expanding and renovating the existing facility. The Public Safety Building, a former school, houses the police department and municipal court at Central Avenue between Eighth and Ninth streets.