A. Construction Debris; Public Property: The deposit of construction debris and excavated materials, including, but not limited to, all mud, dirt, gravel and other debris (collectively, "construction debris"), on any street or other public property in the Village is hereby prohibited. The property owner and each hauler, developer, contractor or subcontractor of a work site shall take all necessary actions to ensure compliance with this prohibition. At a minimum, such actions shall include all of the following:
1. Use of rumble strips, gravel driveways or other systems designed to remove construction debris from vehicles exiting the work site;
2. All open areas of any vehicles entering and exiting the work site shall be securely covered with a tarp so as to prevent construction debris from exiting the vehicle; and
3. All vehicles with more than two (2) axles shall be pressure washed to remove construction debris therefrom prior to exiting the work site. (Ord. 1126-05, 7-25-2005)
Prior to beginning construction, the property owner or contractor may apply for a variance from the actions listed in subsections A1 through A3 of this section, based on the size of the project and economic hardship imposed by these provisions. The application for such a variance shall be made to a committee consisting of the Chief Operating Officer, Mayor and Director of Public Works and shall set forth the reasons why the applicant is entitled to a variance and include alternative methods and systems by which streets and other public property shall be protected from the deposit of construction debris. If the committee determines that, based upon the circumstances presented, the applicant is entitled to a variance, the property owner and each hauler, developer, contractor or subcontractor shall utilize the alternative methods and systems approved by the committee to ensure that construction debris is not deposited on public streets and other public property. The granting of a variance does not relieve the property owner and each hauler, developer, contractor or subcontractor of the responsibility to comply with the other provisions of this section, including the prohibition of depositing construction debris on any public street or other public property. (Ord. 1126-05, 7-25-2005; amd. Ord. 1290-09, 8-17-2009)
Any construction debris that is deposited on any public streets or other public property shall be immediately removed.
Trash containers or dumpsters shall not be placed on streets and must be located a minimum of five feet (5') from the public right-of-way. Trash containers shall be placed in such a manner that they do not obstruct the vision of motorists or interfere with pedestrian traffic.
B. Removal Of Construction Debris; Private Property: Construction debris shall not be thrown, dropped or swept from any floor above the ground or from any roof, but shall either be carried or lowered in such a manner as not to cause dust, and shall be removed from day to day, or placed in an approved noncombustible container and shall be protected in such a manner as not to be blown or scattered onto adjacent properties. Trash containers or dumpsters shall be located on private property and no closer than five feet (5') to the property line.
C. Violations; Penalty: Notwithstanding the provisions of section 8-2-8 of this chapter, the property owner and each hauler, developer, contractor or subcontractor, shall, upon conviction thereof, be subject to a penalty of seven hundred fifty dollars ($750.00) for each offense. The term "offense" as defined in this section shall mean violation of any provision of this section; further:
1. Each separate tire or wheel or any trailer or vehicle depositing mud, dirt or gravel upon the roadway during any ingress or egress from the construction site, or during travel upon any roadway, in violation of this section shall constitute a separate offense; and
2. Each day upon which such violation continues shall constitute a separate offense.
In addition, a stop work order may be issued as set forth in section 8-2-6 of this chapter. (Ord. 1126-05, 7-25-2005)