The following standards and conditions shall apply to all work undertaken in the Village pursuant to a permit issued under this title:
A. Interpretation:
1. Application Of This Section: This section shall apply to all work, whether demolition work or construction work, for which a permit is required under this title.
3. Definitions: For purposes of this title, this section and section 9-1-7-1 of this chapter, the following terms shall have the meanings given them:
COMMENCEMENT OF CONSTRUCTION: The completion of, and the making of a request to the Village for inspection of, the footings for the structure being constructed.
COMMENCEMENT OF DEMOLITION: Any work done pursuant to a permit issued pursuant to section 9-1-7-1 of this chapter other than the installation of the protective fencing required pursuant to subsection F of this section and any approved erosion control.
COMPLETION OF DEMOLITION: Removal of the walls of the first floor above the foundation of the structure being demolished.
DEMOLITION: The razing and removal of more than fifty percent (50%) of the exterior walls of a structure. (Ord. O2008-46, 8-12-2008)
B. Permit Time Limits, Extensions And Exceptions:
1. Permit Term: Except as otherwise authorized by this subsection, no permit or approval made pursuant to this title shall be valid for a period of more than one year after the date of issuance.
2. Ninety-Day Administrative Extension: The Director of Community Development may, upon receipt of a completed application for a ninety (90) day administrative extension, and payment of the applicable additional fees, issue, for good cause shown, a ninety (90) day administrative permit extension at fifty percent (50%) of the original base permit fee. Notice of the extension shall be provided, at the applicant's sole cost, within seven (7) days of its approval via certified mail to all taxpayers of record of properties within two hundred fifty feet (250') of the boundary of the property that is subject to the application at the addresses listed with the applicable County Treasurer for payment of real estate Property Taxes on the properties. The maximum number of successive administrative extensions that may be granted under this subsection is four (4). Fees and mailing requirements shall apply for each individual extension.
3. Complex Project Permit Term Exception: In those cases where a permit applicant knows in advance of applying for a permit that the scope of work cannot be reasonably completed within a twelve (12) month period, the applicant may request a complex-project-permit term exception. Upon receipt of a completed application for a complex-project-permit term exception, and where it is demonstrated that the work cannot be reasonably completed within a twelve (12) month period, the building official may administratively approve and issue a twenty four (24) month permit at two hundred percent (200%) of base fees. In those cases where an applicant knows in advance of applying for a permit that the scope of work cannot be reasonably completed within a twenty four (24) month period, the applicant may, with a positive recommendation from the building official, request a term in excess of twenty four (24) months from the Village's Board of Trustees. Upon receipt of a completed application for a complex project permit term exception the application shall be forwarded to the Village's Board of Trustees for review. At the meeting where the application for a complex-project- permit term exception is considered, the Board of Trustees shall, after input from the applicant and any other interested parties, determine whether the applicant has demonstrated that due to the size, scope and complexity of a particular project, the applicant cannot reasonably be expected to complete the project within the usual permit term, regardless of whether extensions are issued. The Board of Trustees may, upon making such a determination, and upon receipt of a completion schedule furnished by the applicant, approve a duration for permits in excess of twenty four (24) months on a case by case basis at two hundred percent (200%) of base fees. (Ord. O2017-16, 4-4-2017)
C. Required Plans And Specifications: Every application for a permit shall be accompanied by the following plans and specifications:
1. Building Plans And Specifications: If the application includes demolition of a principal structure, then the application shall include building plans and specifications prepared in compliance with the provisions of this title for any structure to be built on the subject property.
If commencement of construction of such structure is not planned to occur within sixty (60) days after completion of demolition, then the application also shall include a detailed site restoration plan as provided in subsection C2 of this section.
2. Site Restoration Plans And Specifications: If the application includes demolition of a principal structure and if commencement of construction of a new structure is not planned to occur within sixty (60) days after completion of demolition, then the application shall include a detailed site restoration plan depicting all work required to restore the subject property, within sixty (60) days after completion of demolition, to a safe, clean condition until construction of a new structure has commenced, including, without limitation, backfilling of any excavation, grading, seeding, fencing, stormwater management, and the like. (Ord. O2008-46, 8-12-2008)
3. Stormwater Management And Grading Plans: In addition to all other required plans and specifications, the application shall include detailed plans and specifications for stormwater management, soil erosion control, and, for any permit for which a grading permit is required pursuant to section 9-13-4, "Grading Permits", of this title, a site grading plan for the subject property showing all of the information required in such plans pursuant to section 9-13-8 of this title. Such plans and specifications shall be on a drawing or drawings separate from all other plans and specifications, labeled as "stormwater management plans" and/or "grading plan", as appropriate. Such plans and specifications shall be prepared by a professional engineer, shall be made in conformance with the requirements of the Village's stormwater management ordinance, and shall include a certification by the applicant, in a form provided by the Village, that all requirements of the Village's codes, ordinances, and regulations related to stormwater management, soil erosion control, and grading shall be satisfied by the applicant at all times. Among other details, the required stormwater management plans shall include:
a. Drainage plans and soil erosion control during demolition, if any; and
b. Stormwater management and soil erosion control during any period of time between completion of demolition and commencement of construction; and
c. Stormwater management commencing with preparation for foundation pouring and continuing during the entire new construction process until final grading of the subject property; and
d. Stormwater management postconstruction, including details of any stormwater diversion following alteration of existing drainage patterns.
In cases where the Village determines that the proposed work will unreasonably divert or detain surface water onto adjacent properties or the public rights-of-way; alter existing drainage patterns so as to adversely impact adjacent properties or the public rights-of-way; increase or concentrate runoff of stormwater onto adjacent properties or the public rights-of-way; or cause some similar adverse impact, and, the applicant fails to submit proposed measures that would eliminate the identified adverse impacts, the request for a permit shall be denied or revoked. Denials shall be subject to appeal as set forth in subsection 9-13-10B of this title. (Ord. O2016-44, 12-12-2016)
4. Accessibility, Parking And Loading Plans: The application shall include separate plans and specifications showing the location of all work affecting, and all parking and loading activities planned to take place on public streets, sidewalks, and other rights-of-way. Such plans and specifications shall include, among other things, the location of pavement and sidewalk that may be affected by the proposed work; the impacts on such pavement and sidewalk; the proposed location for all parking of contractor and worker vehicles; the proposed location of any loading or unloading activities (including cement) to occur within any right-of- way; the proposed location of the gravel mat required by subsection H3 of this section; proposed fencing or other protective measures; and temporary pavement or other temporary accessibility measures.
5. Materials And Spoils Storage Plans: The application shall include plans depicting the proposed location for storage of materials and spoils on the subject property.
6. Dust And Airborne Particulate Control Provisions: The application shall include provisions for controlling dust and other airborne particles from the subject property, including, without limitation, a source of water and spraying equipment and any other measures to be taken to control airborne particles. (Ord. O2008-46, 8-12-2008)
7. Tree Preservation Plan: If the application includes demolition of a principal structure or a detached garage or includes construction that will add six hundred (600) square feet or more of gross floor area to a principal structure or a detached garage, then the application shall include a tree preservation plan as set forth in section 7-2-9 of this Code. (Ord. O2011-08, 2-15-2011)
D. Other Application Requirements: Every application for a permit shall include all of the following elements:
1. IEPA Approval: If the application includes demolition of a principal structure and if the Illinois Environmental Protection Agency (the "IEPA") has promulgated regulations applicable to such demolitions, then the application shall include a certificate or letter of approval of the proposed work by the IEPA or a letter from the IEPA stating that IEPA approval is not required.
2. Certificate Of Insurance: If the application requires the issuance of a stormwater management permit pursuant to section 12-1-5 of this Code and if the application proposes a building addition of six hundred (600) square feet or more, then the application shall include a certificate of insurance establishing that the applicant has general liability insurance coverage for all damage to persons or property, including public property and private property, that may result from the proposed work on the subject property by the applicant or any of its employees, agents, contractors, or subcontractors. Such insurance coverage shall be in the amount of not less than one million dollars ($1,000,000.00) per occurrence. Such certificate of insurance shall provide that such insurance coverage shall be maintained during the entire time that work is being performed on the subject property pursuant to the building permit.
E. Variations: No person shall cause or allow any variation from the approved plans and specifications for any work unless amended plans and specifications showing all proposed variations are first filed with the Village and approved by the Building Commissioner. If any variation involves an increase in the total cost of the proposed work, then a statement to that effect shall be made and all necessary additional fees shall be paid before any approvals are made.
F. Fencing: If the permit authorizes demolition or construction of a principal structure or detached garage, or includes construction that will add six hundred (600) square feet or more of gross floor area to a principal structure, the applicant shall cause the subject property to be secured with a six foot (6') high chainlink security fence to be installed around the perimeter of the subject property in a location and manner approved by the Building Commissioner. The fencing shall be installed not more than seven (7) days nor less than four (4) days before commencement of any work on the subject property pursuant to any permit issued under this section or section 9-1-7-1 of this chapter. In addition to such perimeter fencing, the applicant shall cause a safety fence to be installed around every tree in the parkway abutting the subject property. Such tree fencing shall be located, so far as feasible, at the drip line of the tree, whether on public or private property; provided, however, that this subsection shall not be construed or applied to authorize placement of tree fencing on private property not owned by the applicant unless proper permission therefor has been secured from the property owner by the applicant. If placement of tree fencing is not feasible at the drip line of the tree, then such fencing shall be installed in a location approved by the building commissioner. In all cases, said safety fencing shall be neutral in color. (Ord. O2008-46, 8-12-2008)
G. Prosecution Of Work: After work pursuant to a permit issued under this title has commenced, such work shall be diligently and continuously prosecuted until its completion and final approval of it by the village. Projects receiving a permit will be required to submit an updated completion schedule and/or progress update to the director of community development at three (3) month intervals until project completion. Lack of diligent and continuous progress toward completion as determined by the village through either inspections or written updates will result in permit expiration. Notice of a permit expiration shall be given to the permittee in writing by the village. Permit determinations under this subsection may be appealed to the zoning board of appeals. Once a permit has terminated pursuant to this subsection, the permittee may only reactivate the permit upon payment of one hundred percent (100%) of base fees. In no case shall the term of any reactivated permit, plus any applied for and approved extensions (excluding a hardship extension), be approved for a duration longer than eighteen (18) months from the date of the original permit issuance. (Ord. O2014-15, 5-6-2014)
H. Site Management Standards: The following site management standards shall apply to all work:
1. Accessibility, Parking And Loading Standards: No pavement or sidewalk within any public right of way shall be unavailable for public use at any time except when such pavement or sidewalk is removed and replaced. No such pavement or sidewalk that is removed and replaced shall be out of service for more than three (3) days. No parking, loading, or storage of demolition debris, soil, or construction materials shall be permitted within any right of way, on any public property, or within ten feet (10') of any right of way or adjacent public or private property unless specifically approved by the village and shown on approved accessibility plans as required by subsection C4 of this section. The village may forbid parking in any particular location on a public right of way if the village determines that such parking has an adverse impact on neighboring property or on traffic control. All uses of vehicles shall comply with sections 6-4-6, 6-6-1, and 7-1-11 of this code related to parking and operation of vehicles.
2. Particulate Control: Airborne particles shall be controlled at the subject property at all times during work by thoroughly saturating all portions of the structure and surrounding property affected by the work with water. 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 a water tanker truck with pump capacity of one hundred (100) gallons per minute at the nozzle. Water shall be delivered from the water source to the subject property by a hose with minimum diameter of two and one-half inches (21/2"), which diameter may be reduced to one and one- half inches (11/2") when on the subject property.
3. Gravel Mat: When determined by the village engineer to be appropriate and practicable, the applicant shall cause a gravel mat to be installed on the subject property of a size and in a location sufficient to wash down all vehicles used on the subject property and to cause dirt and mud to be removed from the tires of such vehicles. The gravel mat shall be located so as not to interfere with any use by the public of public rights of way and not to cause any nuisance or inconvenience to adjacent public or private property.
4. Sanitation Facilities: Any portable toilet on the subject property shall be located and oriented as required by the building commissioner. One such portable toilet shall be provided at every site of construction of a new principal structure, not later than immediately after completion of excavation of the foundation of the new structure. The proposed location of any portable toilet shall be depicted on plans submitted at the time of application for the review and approval of the building commissioner.
5. Litter Control And Cleanup: Litter and debris at the subject property shall be controlled at all times. The applicant shall designate a person regularly present at the subject property as having responsibility to assure that no litter or debris leaves the subject property and that all litter and debris is removed from the subject property before the end of every day, including weekends and regardless of whether work was conducted that day on the subject property.
6. Street And Sidewalk Cleaning: The applicant shall cause all dirt, mud, gravel, and other debris from the subject property or related to any work conducted on the subject property to be cleaned regularly every day from all sidewalks and streets adjoining and in the area of the subject property.
7. No Trespass: No permit issued pursuant to this title shall authorize or shall be construed to authorize any entry onto property adjoining the subject property or any work for which entry onto property adjoining the subject property is or may be necessary, unless a proper right of entry has been secured from the owner of such property.
8. Stormwater Management: Stormwater shall be managed during all phases of demolition and new construction in accordance with the requirements of title 12 of this code.
I. Site Management Bond:
1. Bond Requirement; Timing Of Payment; Amount: If the permit to be issued pursuant to this title authorizes demolition of a dwelling or construction of a new dwelling, then the applicant shall post with the village, at the time of issuance of such permit, a site management bond in the amount of three thousand dollars ($3,000.00) cash. Such bond shall be in addition to all other application and processing fees, costs, escrows, bonds, and performance securities required by this title.
2. Application Of Bond: The site management bond shall be held by the village and shall be applied as provided in this subsection and in subsections 9-1-7-1E, F and G of this chapter.
3. Village Right To Draw On Bond: The village shall have the right at all times, at its option, to draw on the site management bond for the costs, including, without limitation, legal fees and administrative expenses, incurred or to be incurred by the village in exercising any of its rights under this title in the event: a) the applicant undertakes any work in violation of any provision of this title or of any permit issued or plan approved pursuant to this title, or b) the applicant fails or refuses to complete any work authorized by any permit issued under this title in accordance with all plans approved in connection with said permit. The village's determination of such costs shall be based either on costs actually incurred by the village or on the village's reasonable estimates of costs to be incurred.
4. Replenishment Of Bond: If the village draws on the site management bond, then the applicant shall replenish the bond to the full amount required by this subsection immediately after demand therefor is made to the applicant in writing by the village. Any failure of the applicant to replenish the bond shall result in cancellation of the related permit, which permit shall not be reissued thereafter except after the filing of a new application therefor, payment of the permit fee, and establishment of a new site management bond.
5. Return Of Unused Bond: The village shall return any unused portion of the site management bond to the applicant, without interest, as follows:
a. If the permit authorizes only demolition work, and no construction work is scheduled to take place within thirty (30) days after completion of demolition, then the village shall return the bond within thirty (30) days after final inspection of the restoration of the subject property and approval of the work by the building commissioner.
b. If the permit authorizes any work in addition to demolition work, then the village shall return the money within thirty (30) days after issuance of a final certificate of occupancy.
J. Foundation Plan: After construction of the foundation of any new building, and before any other work is commenced on such building, any person undertaking such work shall submit an "as built" spotted survey foundation plan, showing top of foundation elevations, to the village. Such survey shall be approved by the building commissioner before the commencement of any such other work.
K. Damage To Property: No person engaged in any work pursuant to a permit issued under this title shall injure, damage, or destroy, or cause or allow to be injured, damaged, or destroyed, any property, whether public or private, not owned by such person. In the event of any injury, damage, or destruction in violation of this provision, it shall be the duty of the person committing, inflicting, causing, or allowing such injury, damage, or destruction to promptly repair and restore the injured, damaged, or destroyed property and to pay all of the costs and expenses of such repair and restoration. For purposes of this provision, a person shall be deemed to have caused or allowed injury, damage, or destruction whenever that person, or any contractor, subcontractor, agent, or employee of that person shall have committed or inflicted such injury, damage, or destruction or whenever any work being done by that person, or any contractor, subcontractor, agent, or employee of that person, shall have resulted in such injury, damage, or destruction.
L. Wastewater Discharge: No person shall undertake any work pursuant to a permit issued under this title from which the discharge of any wastewater will be caused or associated without prior approval of the building commissioner. It shall be the duty of the person undertaking any such work to direct all wastewater flow to the particular location designated by the building commissioner. No person undertaking such work shall cause or allow any cement truck wash to be discharged onto any public property or into any catch basin or other village sewer facility.
M. Safeguards: All persons undertaking work pursuant to a permit issued under this title shall exercise proper care for the safety of all persons and property. Warnings, barricades, and lights shall be maintained when required by the building commissioner and, regardless of such requirement, whenever necessary for the protection of pedestrians or vehicular traffic. Temporary roofs over sidewalks and all other public rights of way shall be constructed whenever there is danger to pedestrians from falling articles or materials. All such safety devices, including barricades and fences required pursuant to section 7-1-4 of this code or the international building code, shall be subject to the approval of the building commissioner.
N. Limitations On Noise: All work undertaken pursuant to a permit issued under this title shall be subject to the provisions of section 9-12-2 of this title related to limitations on noise. Further, no person shall operate or cause to be operated any radio, phonograph, telecommunications device, or other such object at such a volume or in any other manner that would cause a nuisance or a disturbance to any person. Every contractor and every permittee shall be responsible for all actions of their employees, agents, and subcontractors hereunder, and shall be liable for all violations of the provisions of this subsection committed by such employees, agents, or subcontractors.
P. Signs: No person shall erect or maintain any sign except in conformance with the provisions of the zoning code.
Q. Limitations On Deliveries: No construction materials shall be delivered to any residential zoning lot prior to eight o'clock (8:00) A.M. or after eight o'clock (8:00) P.M. Monday through Saturday. The provisions of this subsection shall not apply: 1) in the event of a bona fide emergency to which construction workers must respond, 2) to any work ordered by the village, or 3) to work required by the village.
R. Workmanship: Any work and/or installations which are caused directly or indirectly by the enforcement of this code shall be executed in accordance with manufacturers' installation instructions and in a professional and workmanlike manner. (Ord. O2008-46, 8-12-2008)
S. Engineering Standards: The provisions and regulations contained in the village's required improvements, engineering design standards and standard details, as amended, are adopted by reference and shall apply to all work undertaken in the village. Three (3) copies of the required improvements, engineering design standards and standard details have been and remain on file in the office of the village clerk and have been made available for public use, inspection and examination for a period of at least thirty (30) days prior to the adoption of the regulations and provisions contained therein as required by section 1-3-2 of the Illinois municipal code, 65 Illinois Compiled Statutes 5/1-3-2, and now are and remain on file in the office of the village clerk, and the same are hereby adopted and incorporated as fully as if set out at length herein. Any citations issued for violations of the regulations contained in the required improvements, engineering design standards and standard details adopted pursuant to this section shall refer to the numbered sections in the required improvements, engineering design standards and standard details, with an initial reference to this section, e.g., section 11-2-1:101. (Ord. O2016-44, 12-12-2016)