(A) At the time of application for a building permit on any lot within the village containing deed restricted open space, the contractor shall post with the village the amount set forth in the comprehensive fee schedule set forth in Section 12.02 of this code for the purposes herein described. Following issuance of the certificate of occupancy, the unused portion of the posted amount shall be returned to the contractor.
(B) In Emerald Shores Subdivision, before any clearing or construction takes place, a fence shall be constructed along the entire perimeter of the lot (excluding the driveway opening as designated on the approved site plan) and a fence 15 feet from all proposed foundation walls (excluding that area adjacent to the proposed driveway area) and 5 feet from all proposed driveway edges (excluding the driveway opening) as designated on the approved site plan for said lot. Said fence shall be metal, plastic or wood which shall be no less than 4 feet high and have steel support posts no greater than 6 feet apart. All construction access, storing of materials, construction and grading (except as specifically provided herein) shall take place solely within the fenced driveway area and fenced foundation area. No person or machine shall be allowed outside of the fenced drainage area and fenced foundation area (except as specifically provided herein) for any purpose whatsoever. Should any person or machine breach the fenced area, the project will be red tagged until any damage is restored to the satisfaction of the village building department and the amount set forth in the comprehensive fee schedule set forth in Section 12.02 of this code will be removed by the village from the sum posted or to be posted pursuant to division (A) of this section for administering the process. Further, the red tag on the project will not be removed until the amount provided in division (A) of this section is restored by the contractor.
The village building department may, upon application in form and content acceptable to the village building department, allow the contractor to leave the fenced area to install utilities to the structure, grade for drainage purposes or facilitate removal of trees approved for removal, upon such terms and conditions necessary in the sole discretion of the village building department.
(C) In all other subdivisions containing deed restricted open spaces, a fence shall be constructed along the line separating the deed restricted open space from the remainder of the lot and along all side lot lines from the curb to the fence delineating the deed restricted open space. Said fence shall be metal, plastic or wood which shall be no less than 4 feet high and have steel support posts no greater than 6 feet apart. All construction access, storing of materials, construction and grading (except as specifically provided herein) shall take place solely within the fenced driveway area and fenced foundation area. No person or machine shall be allowed outside of the fenced area (except as specifically provided herein) for any purpose whatsoever. Should any person or machine breach the fenced area, the project will be red tagged until any damage is restored to the satisfaction of the village building department and the amount set forth in the comprehensive fee schedule set forth in Section 12.02 of this code will be removed by the village from the sum posted or to be posted pursuant to division (A) of this section for administering the process. Further, the red tag on the project will not be removed until the amount provided in division (A) of this section is restored by the contractor.
The village building department may, upon application in form and content acceptable to the village building department, allow the contractor to leave the fenced area to install utilities to the structure, grade for drainage purposes or facilitate removal of trees approved for removal, upon such terms and conditions necessary in the sole discretion of the village building department.
(D) No tree shall be removed during construction from that portion of a lot inside the deed restricted open space without written approval by the village building department. Should any tree be removed without written permission, the site will be red tagged until a new tree of like species having a like trunk dimension is installed in a location designated by the village engineer and the amount set forth in the comprehensive fee schedule set forth in Section 12.02 of this code will be removed by the village from the sum posted or to be posted pursuant to division (A) of this section for administering the restoration process. Should any tree diameter exceed 6 inches, the new tree shall be 6 inches in diameter. Further, the red tag on the project will not be removed until the amount provided in division (A) of this section is restored by the contractor.
(E) Landscape plant materials including grass may be planted within the building envelope or within deed restricted open space in areas which will be disturbed during the construction process, so long as the landscape plans are approved by the responsible homeowners' association.
(F) Sidewalks, walkways or stairs may be constructed in deed restricted open space for access to and from a residence in areas which will be disturbed during construction subject to the approval process contained in § 150.09 of this chapter and the approval of the village.
(Ord. 99-2-1122, passed 2-22-1999; Am. Ord. 99-8-1146, passed 8-9-1999; Am. Ord. 22-12-2246, passed 12-12-2022)