§ 8-411. Site maintenance and repair requirements.

(a)

All construction sites shall be maintained in a good, clean and safe condition, including, but not limited to, the following minimum requirements:

(1)

Handling of debris. Accumulated construction debris shall be hauled away and disposed of in accordance with all applicable laws, on a regular basis, but no less than one time per week. Any debris temporarily stored on site must be stored and secured so as to prevent a safety risk or danger. In addition to any applicable dumpster requirements set forth sections 8-301 through 8-303, dumpsters shall be emptied or removed when full. Debris from construction sites shall not be disposed of in dumpsters located at any other construction site within the village without the prior approval of the Director of Community Development.

(2)

Storage of construction materials. Construction materials shall be stored, maintained and secured so as to prevent safety risk or danger. Except as otherwise provided herein, construction materials shall not be stored in the public right-of-way.

(3)

Grading requirements. Any land disturbance or landfill shall be done in accordance with any and all applicable village grading requirements as set forth in article V, division 4 of this chapter.

(4)

Fencing.

a.

Every lot for which a construction permit has been issued for exterior demolition or construction, or lesser part of the lot at the discretion of the Director of Community Development, shall be enclosed by a six-foot chain link fence or barrier. The fence or barrier shall remain in place until such time as the Director of Community Development has determined that the property is sufficiently secured so as to prevent a health or safety risk or danger. The Director of Community Development has the discretion and authority to modify these requirements, including, but not limited to, requiring fencing of a different material, height or configuration if it is deemed necessary for the protection of public health and safety.

b.

"No Trespassing" signs shall be mounted on the fencing in conspicuous locations around the site until construction is completed and approved.

c.

Any gate in a perimeter fence shall be adequately hinged to prevent entry, except to allow ingress and egress to and from the site. Such gate must be locked at all times, other than permitted hours of construction.

(5)

Demolition and construction notice.

a.

General requirements. The form and content of the notice of demolition and/or construction shall be as required by the Director of Community Development. The notice shall set forth the name and contact information, including telephone number, of the general contractor. The notice shall also state that the rules and regulations applicable to demolition and/or construction work are available at the Community Development Department. The notice shall identify the week that demolition and/or construction are expected to commence and said notice shall be posted not less than seven days in advance of such commencement. Notice shall be maintained on the subject property until demolition and/or construction has been completed and approved, or until removal of the notice is approved by the Director of Community Development.

b.

Demolition notice. In addition the requirements set forth in subsection (a) of this section, at least 24 hours in advance of demolition, specific notice of the exact date upon which demolition is to occur shall be provided to such nearby residents in the manner and method designated by the Director of Community Development.

(6)

Site cleanliness. All mud, dirt or debris deposited on any street, alley, crosswalk, sidewalk or other public property as a result of demolition, excavation or construction shall be removed and cleaned on a regular basis, and at all times when a nuisance has been created by said debris. In addition, such areas shall be broom cleaned to the extent possible at the end of each day that construction work has occurred. Debris shall be disposed of in accordance with all applicable laws.

(7)

Approval for blocked public right-of-way. Except while delivery or removal of materials to and from the construction site is occurring, to the extent any sidewalk, street or other public right-of-way shall be blocked, closed or otherwise rendered impassable, approval of the Village Engineer must be obtained and appropriate signage, cones and/or construction horses must be used to ensure public safety.

(8)

Portable toilets. A portable toilet shall be provided at every construction site of a new principal structure, or addition thereto, prior to the commencement of construction, unless an existing facility is available on the site. Portable toilets shall be located to have the least possible impact on adjacent properties and should be located, to the extent possible, at the rear of the construction site and out of plain view of any public right-of-way. Portable toilets shall be serviced no less than once a week.

(9)

Ingress and egress. Routes of access for ingress and egress to the construction site, which will provide protection to pedestrians and minimize disruption of traffic and damage to the public rights-of-way, shall be followed. The village reserves the right to designate certain prescribed routes of access for construction traffic.

(10)

Parking. The parking of construction personnel vehicles shall not occur in any manner so as to block access to or through any public alley, sidewalk, or street. The village may restrict construction-related parking in any particular location on a public right-of-way if the village determines that such parking has a significant adverse impact on neighboring property or traffic control. All uses of vehicles shall also comply with applicable regulations related to parking and time of operation of vehicles.

(11)

Oversized construction vehicles. Oversized construction vehicles will be allowed only on those streets or rights-of-way as designated by the Village Engineer.

(12)

Tree protection measures. All trees and other vegetation on the public right-of-way shall be protected from damage by means of appropriate fencing. Fencing around trees on the public right-of-way shall be placed so as to protect the critical root zone, which is that circular area under the tree as determined by a one-foot radius for each one-inch in diameter. All tree protection measures set forth in any approved Tree Protection Plan must also be followed.

(13)

Airborne particulates. Airborne particulate shall be controlled at the construction site at all times during work. This may be accomplished by means of a water truck and spraying equipment or other water source capable of spraying and thoroughly saturating all portions of the work, or by such other means capable of thoroughly controlling the creation and migration of airborne particles, including, but not limited to, dust, from the construction site.

(14)

Gravel mat. When determined by the Village Engineer to be appropriate and practicable, the applicant shall cause a gravel mat to be installed at the construction site, of a size and in a location sufficient to wash down and cause dirt and mud to be removed from the tires of vehicles used at the site. The gravel mat shall be located so as not to interfere with the use of any public right-of-way or to cause any nuisance or inconvenience to adjacent public or private properties.

(15)

Permit time limits. All applicable permit time limits with respect to demolition and construction must be followed.

(16)

Noise. The making of, continuing, or causing to be made or continued any excessive and unnecessary loud and raucous sound or noise or any unnecessary sound or noise which because of its volume, duration or character annoys, disturbs, injures or endangers the comfort, health, or safety of reasonable persons of ordinary sensibilities shall not be allowed.

(17)

Discharge of wastewater. No person shall undertake any work pursuant to a permit issued under this chapter, from which the discharge of any wastewater will be caused or associated, without prior approval of the Village Engineer. It shall be the duty of the person undertaking any such work to direct all wastewater flow to the particular location designated by the Engineering and Public Works Department.

(18)

Stormwater management. Stormwater shall be managed during all phases of demolition and construction so as not to impact adjacent properties and/or any public right-of-way and in accordance with any approved Grading and Stormwater Management Plans submitted as part of the permitting process.

(19)

Hours of construction. Hours of construction shall be in accordance with section 16-112.

(20)

Construction work near school walking routes.

a.

Permittee and contractor shall be required to sign a form supplied and approved by the Village Engineer acknowledging that they have read and agree to comply with the requirements governing construction work on or adjacent to a designated school route as set forth below.

b.

Notwithstanding any permitted right to use any public right-of-way, the following requirements shall apply:

1.

There shall be no construction activity within the right-of-way at least one-half hour before school starts in the morning and one half hour after school ends in the afternoon. This includes accepting deliveries of material or equipment and removal or delivery of dumpsters.

2.

The sidewalks, crosswalks, and roadways shall be free from debris, construction material and equipment.

3.

There shall be no open holes within any sidewalk, crosswalk, or roadway.

4.

Open holes in the vicinity of school walking routes shall be protected with backfill material, construction fencing, or well-barricaded and protected with yellow caution tape.

5.

Walking surfaces that are backfilled with stone shall be graded such that the surface is level and does not pose a safety hazard.

(21)

Entry onto adjacent properties. No permit issued pursuant to this chapter shall authorize, or be construed to authorize, any entry onto adjoining property or any work for which entry onto adjoining property is or may be necessary, unless a proper right of entry has been secured from the owner of such adjoining property. To the extent that access to the construction site requires access through or over an adjacent or neighboring property, the applicant must provide a Site Plan showing the approved access routes. The access plan must be signed and notarized by both the applicant and property owner from whom access has been granted.

(22)

Utilities and on-site equipment. On-site electricity is required for construction-related work as soon as is practicable. The proposed locations of any generator and/or compressor shall be depicted on the Site Development Plan submitted at the time of application for the review and approval of the Engineering and Public Works Department, and shall be located so as to have the least possible impact on adjacent properties, preferably at the rear of the property.

(23)

Environmental laws. All applicable federal and state environmental laws and soil testing requirements shall be complied with. No soil or fill from the construction site shall be used or relocated on the site unless such soil or fill meets all applicable federal or state environmental laws and regulations.

(24)

Delay in construction. To the extent any existing structure is to be demolished and replaced with new construction, no permit for demolition shall be issued until a complete Building Permit application is submitted to the Community Development Department. If construction does not commence within 60 days after demolition has occurred at the site, or within 30 days after the issuance of a Building Permit, whichever is less, then, weather permitting, the construction site must be properly graded and sodded until such time as construction commences.

(25)

Use of public property. No loading, unloading, or storage of demolition debris, spoil or construction materials shall be permitted within any right-of-way, on any public property or within ten feet of any right-of-way adjacent to public or private property, unless specifically approved by the village and shown on an approved Site Development Plan, if applicable.

(b)

Failure to comply with the requirements of this article shall subject the contractor, property owner and/or permittee to the actions and penalties set forth in section 8-414.

(c)

Damage to public property and required deposit.

(1)

Every construction site shall be maintained in a manner so as to avoid damage to the public right-of-way, infrastructure or other public property, including, but not limited to, the village curbs, alleys, streets, crosswalks, sidewalks, alleys, signs, street lights, sprinkler systems, sewers or other public utilities. The Village Engineer shall have the discretion to televise, videotape, or otherwise record conditions prior to construction for the purpose of determining restoration obligations and compliance with this section. The permittee, or representative thereof, shall be given notice and an opportunity to be present during any such videotaping or televising.

(2)

Any and all damage to the public right-of-way, infrastructure or other public property caused during the construction activities by the property owner, its contractors or agents shall be repaired, replaced or otherwise remedied by, and at the sole expense of, the property owner.

(3)

A deposit in the amount of $1,000.00 shall be filed with the Village Engineer prior to the issuance of any Building Permit under this chapter, and shall be held for the repair of any damage to the public right-of-way caused by the construction work and not otherwise repaired, replaced or remedied by the property owner or permittee.

(4)

To the extent the property owner or permittee does not properly repair any damage to the public right-of-way, the Village Engineer shall have the right to cause said damage to be repaired and to deduct the cost of repair from the deposit submitted pursuant to this section. Should the cost of repair exceed any amounts deposited, the property owner shall reimburse the village for all costs incurred pursuant to this section within ten days after demand for payment has been made. Upon the failure of the permittee or property owner to reimburse the village, the village shall have the right to place a lien on the subject property for all costs incurred pursuant to this section.

(d)

Unlawful disposal. It shall be unlawful to be place, deposit, or otherwise dispose of construction debris in any public sewer, or to cause or allow any cement, mortar, paint, or other particulate to be discharged onto any public property or into any catch basin or other public sewer facility.

(Code 1993, § 9-4.2.2; Ord. No. 2001-O-59, 9-11-2001; Ord. No. 2006-O-85, 11-14-2006)