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A. Required: Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this Code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit in compliance with ICC model codes as adopted.
B. Construction Site Protection Regulations: Any person performing work which requires a building permit, as set forth in subsection A of this section, shall comply with the following standards:
(1) Additional Requirements For Major Construction Projects: In addition to the requirements for all building permits as set forth in this section, when the work pertains to new construction, demolition, moving, or reconstruction of any principal structure, or any combination of the foregoing work which, together with additions to principal structures and new construction of accessory structures, totals at least one thousand (1,000) square feet of floor area, the applicant shall comply with all of the terms and conditions set forth in subsections B(3), B(5) and B(6) of this section. For purposes of this chapter, "new construction" shall be defined as follows:
(a) Construction of a completely new structure, or
(b) Revisions to an existing structure (which shall comply with all of the provisions of this Code and all other adopted codes and standards for new construction) when either of the following conditions exist:
1) The linear foot measurement of the demolished exterior walls is greater than fifty percent (50%) of the total linear feet of the exterior walls (perimeter of the walls) before demolition. For purposes of this subsection, a wall is considered to be demolished when, in the opinion of the Village Building Commissioner, the structural integrity of the wall has been compromised (no longer capable of supporting the structure) or when two (2) or more components of the wall have been removed; or
2) Modifications to the existing structure are made after the effective date of this subsection (October 27, 2005) and said modifications increase the total floor area of the structure (square footage) by one hundred twenty five percent (125%) or more of the structure's pre-modification floor area over a period of five (5) consecutive years or less. "Floor area" shall be as defined in section 20.2.2 of this Code, which definition excludes a portion of garage space in the R-1 and R-1A Districts.
(2) Physical Damage To Property:
(a) Compensation For Damages: Any applicant for a permit, as required by subsection A of this section shall compensate the Village for any direct physical damage to public property caused by the activity described in the permit.
(b) Village Review Of Plans: Before issuing a permit pursuant to subsection A of this section, the Village shall review the plans and specifications submitted by or on behalf of the applicant for the work to determine the likelihood of potential damages and the nature of measures to be taken by the applicant under this subsection B. The failure of the Village to anticipate said damages shall not relieve the applicant of his/her/its obligation to provide compensation to the Village as required by this subsection B.
(c) Additional Remedies: The specific rights and remedies granted in this subsection B shall not preclude an adjoining property owner from exercising any other right or from having any other remedy, or from maintaining any action to which he or she may otherwise be entitled either at law or equity.
(d) Village Liability: The Village shall have no liability whatsoever to any property owner claiming hereunder, whether before or after expiration of the bonds or insurance required of the applicant in subsections B(5) and B(6) of this section.
(3) Fencing Of Site; Signs: The holder of a permit for work described in subsection B(1) of this section shall take, or cause to be taken, all steps necessary to properly protect the work and the site of the work, and to protect the public from damage or injury to property or persons. At a minimum, the applicant shall cause a chain-link safety fence, six feet (6') in height, with a locking gate, to be installed and securely maintained around the perimeter of the construction or excavation area of the subject property, at a location and manner approved by the Building Commissioner. The fencing shall be installed not more than fourteen (14) days nor less than four (4) days before commencement of any work on the subject property. In addition to such perimeter fencing, the applicant shall cause safety fencing to be installed around every tree in the parkway abutting the subject property (ideally at the drip line of the tree if possible) or, alternatively, around the entire abutting parkway. If placement of tree fencing is not feasible at the drip line of the tree, then such fencing shall be installed at a location approved by the Village Forester. In addition to the foregoing, the holder of a permit shall post and maintain such signs identifying construction rules, parking regulations and similar requirements as prescribed by the Village's Community Development Director.
(4) Disconnection Of Utilities: The Village shall require an applicant for a demolition or moving permit to furnish written statements by the persons having authority to make the statements, respectively, that the electric, water, sanitary sewer, telephone, cable and gas services to the building or structure, and any other applicable utility services, have been properly disconnected.
(5) Surety Bond: The holder of a permit for work described in subsection B(1) of this section shall obtain and maintain in full force and effect, until issuance of a final certificate of occupancy, a surety bond or cash bond in an amount not less than the sum, based on the type of permit, as set forth in the schedule maintained by the Village's Community Development Department, as amended from time to time (said schedule being based on the type of permit and taking into consideration the general scope of the project and the anticipated cost to compensate the Village for any direct physical damage to public property). Proof of such bond shall be filed with the Village before issuance of the permit.
(6) Insurance: Notwithstanding the fact that the holder of a permit for work described in subsection B(1) of this section may not be a building contractor subject to the licensing requirements of chapter 31 of this Code, any holder of a permit for work described in subsection B(1) of this section shall provide the Village with proof of insurance, in compliance with the provisions of section 31.4 of this Code, prior to the issuance of any permit for work described in subsection B(1) of this section. It shall be the obligation of the applicant to make sure that current certificates of insurance are on file with the Village at all times while any permit for work described in subsection B(1) of this section is in effect. If the required insurance lapses without the filing of an updated certificate of insurance, a stop work order shall be issued in relation to the work which is the subject of the permit until such time as the holder of said permit provides an updated certificate of insurance.
(7) Particulate Control: Airborne particles shall be controlled at the subject property at all times during work by thoroughly saturating with water all portions of the structure and surrounding property affected by the work. Such spraying shall be undertaken at all times necessary to thoroughly control the creation and migration of airborne particles, including, without limitation, dust from the subject property. The water source for control of airborne particles shall be either: a) a water tanker truck with pump capacity of one hundred (100) gallons per minute at the nozzle; or b) water available from a hose connected to the public water supply system using an adjacent property's water service (a public fire hydrant may not be used). Any hose leading from the public water supply system and crossing a driveway, street, alley or other vehicular right-of-way or path must be bridged in a manner sufficient to protect the water system. Cutting of masonry outdoors must be performed using a wet saw to control particulates.
(8) Demolition Methods: The use of a wrecking ball, drop hammers or explosives to demolish a structure shall be prohibited without prior Village Board approval of specific plans for impact isolation and protection of nearby properties.
C. Building Contractors; Licensing And Compliance Required: All building contractors that will be performing work in relation to a building permit issued by the Village must be properly licensed and in compliance with all applicable requirements of chapter 31 of this Code. (Ord. 18-12-27)