(a) For purposes of this section, an "excavation" is defined as an open and unguarded excavation on a commercial construction site that, at its greatest depth, will be three feet (3') or more belowground.
(b) A security fence shall be required for the following excavations on commercial construction sites:
(1) Excavations on a site abutting and contiguous to a lot containing residential dwellings, if the excavation is less than four hundred feet (400') from the abutting residential lot. If such an excavation is more than four hundred feet (400') from the abutting residential lot, the director shall apply the standards set forth in subsection (b)(2) of this section in determining if a security fence is required.
(2) Excavations that are proximate to places frequented by the public, including parks, schools, streets, sidewalks and places of business, and that the director determines would be a hazard if not protected. The director shall consider the following in determining if a security fence is required:
(A) The proximity of the site to occupied buildings;
(B) The proximity of the site to places frequented by the public;
(C) The effectiveness of any existing fencing adjacent to the site;
(D) The feasibility and effectiveness of fencing the site;
(E) The effectiveness of any security measures proposed by the applicant to deter entry to the site;
(F) The hazard presented by the activity occurring and materials used on the site;
(G) The expected duration of the open excavation; and
(H) Any other safety considerations. (Ord. 0-04-70, 12-20-2004)
(c) Security fencing required by this section shall:
(1) Be erected to fully enclose the excavation site;
(2) Be built to deter entry by unauthorized persons or vehicles;
(3) Be provided with an access gate, which shall be securely locked at the end of each workday and at all times when work is not being done on the construction site. Applicant shall pay a locking service fee in the amount as set forth in the annual fee resolution adopted by the corporate authorities to the village for each occasion on which the gate is left unlocked and the village locks or otherwise secures the gate against unauthorized access. (Ord. 0-12-36, 10-1-2012)
(d) Security fencing shall be chainlink or solid fencing with a height of not less than six feet (6'). (Ord. 0-04-70, 12-20-2004)