By DON STINE
Construction using heavy or power equipment will be banned or restricted in Neptune, particularly over the summer months, under a proposed ordinance amendment introduced by the Township Committee Monday night.
The ordinance was introduced without comment from the governing body but a resolution passed by the Ocean Grove Homeowners Association would like to take the ban a bit farther.
OGHA member Denis McCarthy, who read the group’s resolution to the committee, said such construction creates noise, hardships, and a loss of parking in ocean Grove during the busy summer months.
The homeowners association said it supports a ban on all heavy construction on Saturdays, Sundays and holidays from Memorial Day to Labor Day.
“This will assure that the weekend economy flourishes. I would like to see this ordinance tabled to include a weekend ban on Ocean Grove,” McCarthy said.
Under the ordinance heavy or power equipment used for construction may not be used before 8 a.m. and after 7 p.m. on Monday through Saturday but such activity will not be allowed before 9 a.m. and after 4 p.m. on Saturdays between Memorial Day and Labor Day.
Use of such equipment may not be used all day on Sundays and will also be banned on Memorial Day, July 4 and Labor Day.
A public hearing on the ordinance will be held on Nov. 10.
Township Attorney Gene Anthony has also said that township ordinances cannot be applied to just certain areas of the community but must be uniform for all residents.
Read more about your town by picking up The Coaster at your local newsstand or subscribe today.
Published every Thursday.
Township Attorney Gene Anthony would do well to cite State law or regulation when he claims an exception can not be made for Ocean Grove, a documented historic district.
Obviously, the township does treat the district in a distinct manner when it imposes strict preservation requirements and oversight.
Here again, he “promulgates” his opinions without documentation. This has not been the first time either. Recently he advised township committee officials not to discuss actions they have already officially (we presume) taken with representatives of the Ocean Grove Homeowners Association.
Citing case law itself would be helpful if he were fulfilling his professional responsibilities.
He is fulfilling his professional responsibilities, Norm. He’s just not saying what you want to hear. There’s a difference.