1460.01 CONSTRUCTION CONDUCT.
   (a)   Construction Conduct Standards. Registered contractors and their employees involved in demolition, excavation, construction, remodeling, repair, grading, and landscaping on private property in the Village shall comply with the following construction conduct standards at all times while working in the Village:
      (1)   Comply with all the specifications on the Construction Conduct Plan, Grading Plan, Erosion Control Plan, and Tree Plan.
      (2)   Limit construction activities to the times of day as specified in Chapter 652 of the Village Code.
      (3)   Keep the construction site free from health, fire, and safety hazards.
      (4)   Keep the construction site free from attractive nuisances, such as equipment unprotected during off hours and standing water.
      (5)   Keep noise levels to a feasible minimum, so as to not unduly disrupt the owners/ occupants of neighboring properties.
      (6)   Respect the rights of the owners/occupants of neighboring properties, including, but not limited to, refraining from entering upon neighboring properties without the owners/ occupants permission.
      (7)   No fires or open burning shall be allowed.
      (8)   Keep the construction site clean and orderly by putting all trash, waste, and refuse in containers, and removing said containers when full.
      (9)   Restrain silt, gravel, trash, waste, refuse, and other items from being washed, blown, carried, or otherwise conveyed off of the construction site.
      (10)   Rinse concrete trucks only on the private construction site within the designated disturbance areas and not on the public or private street right-of-way or on private lots other than the construction site.
      (11)   Refrain from placing construction materials or waste containers on the public or private street right-of-way.
      (12)   Refrain from obstructing sidewalks, alleys, streets, easements, or other public rights-of-way.
      (13)   Refrain from using driveways for neighboring properties for turning around vehicles.
      (14)   Refrain from dismantling, running over, or otherwise compromising disturbance area fences, silt fences, and tree protection fences.
   (See Chapter 1466: Grading; Chapter 1468: Erosion Control; Section 1460.02: Tree Conservation on Construction Sites.)
   (b)   Construction Conduct Acknowledgement. Contractors shall sign a statement prior to obtaining a Village license or registration to do work in the Village, and prior to obtaining each permit for a specific construction project, that indicates that the contractor has read and understands the construction conduct provisions set forth in this section of the Village Code.
   (c)   Construction Conduct Standards Sign. The Village shall post a sign on the construction site containing a summary of the construction conduct standards set forth in this section. The contractor shall maintain said sign, and shall reimburse the Village for the cost of the sign if the sign is missing or damaged.
   (d)   Disturbance Area. The disturbance area is defined as the portion of the construction site where permanent improvements and temporary construction related activities shall be located. All trees and other vegetation in a disturbance area may be removed. The disturbance area shall be enclosed by a fence to protect the remainder of the site from being disturbed and thus conserving the existing grade, trees, and other existing natural environment. Said fence shall be a chain link fence at least six feet high with posts driven into the ground at least three feet deep and placed eight to ten feet apart, or an alternative approved by the Building Department. The disturbance area is intended to be an envelope of space around planned building foundations, however, a site-by-site determination shall be made by the Building Department to customize the exact location, in order to minimize the disturbance area and maximize the undisturbed area.
   (e)   Contractor Parking. The parking of vehicles and equipment, including vehicles used for the occasional delivery of materials to the construction site and vehicles used by those individuals working at the construction site, which are related to construction activity, shall take place off the right-of-way and on the construction site, except where and when there is insufficient space on the construction site to do so, and after the Village has approved said parking and delivery locations as part of the Construction Conduct Plan. The contractor shall post signs prohibiting parking where required by the Building Department and in conformance with Chapter 480 of the Village Code.
   (f)   Construction Conduct Plan.
      (1)   Procedure. The contractor shall be responsible for preparing and submitting a Construction Conduct Plan, for Village review, along with the building permit application for construction other than interior remodeling. Typically, the Construction Conduct Plan shall be shown on the same drawing along with the Grading Plan, Soil Erosion Control Plan, and Tree Plan. However, the Construction Conduct Plan may be shown on a separate drawing if need be for graphic legibility.
      There shall be no separate application form or fee required relative to the approval of the Construction Conduct Plan. Approval of the Construction Conduct Plan shall be part of the building permit approval process conducted by the Building Department.
      (2)   Contents. The Construction Conduct Plan shall show the location of the following:
         A.   Building footprint;
         B.   Disturbance area fence with specifications;
         C.   Permanent activities and structures within the disturbance area, such as buildings, driveways, utilities, stormwater management facilities, grading, and landscaping;
         D.   Temporary activities and structures within the disturbance area, such as construction vehicle access, contractor parking, dirt storage, material storage, portable toilets, dumpsters, concrete truck wash-out areas, and access to and around the construction site;
         E.   Construction conduct standards sign;
         F.   Contractor vehicle parking, and parking signs if required, as referenced in subsection (e) above;
         G.   Notice letters referenced in subsection (3) below.
      Since the Construction Conduct Plan may vary widely depending on the size and type of construction, the Building Department will assist the applicant to customize the form and content.
         (See Appendix 1460-A for a Typical Construction Conduct Plan.)
      (3)   Notice letters. Contractors shall prepare letters, to be mailed by the Building Department, to the owners and occupants of occupied properties, within a 350 foot radius of the construction site, at least four days prior to the start of construction. The letters shall include a brief description of the project, approximate construction dates, temporary parking locations, construction conduct standards, contact information for the contractors, and a copy of the Construction Conduct Plan.
      Since the notice letter may vary widely depending on size and type of construction, the Building Department will assist the applicant in customizing the form and content.
         (See Appendix 1460-B for a Typical Construction Notice Letter.)
   (g)   Remedies.
      (1)   Authority. The Building Department shall administer the provisions of this section.
      (2)   Inspections. The Village will have authorized personnel visit the site to inspect for compliance with the provisions of this section.
      (3)   Remedies. Activities, materials, and structures in violation of this section shall be stopped and removed immediately and be subject to remedies appropriate to the situation as determined by the Building Department, including stop work orders, removal, repairs, restoration, mitigating treatments, fines, citations, and other code enforcement authority of the Village. Fine amounts shall be up to seven hundred fifty dollars ($750.00) per violation per day.
      (4)   Appeals. Property owners who wish to appeal the decision of the Building Department, will be heard by the Village Manager , who may confirm, reverse, or modify the decision, depending on whether the Village Manager finds there is an inconsistent administration of Village requirements, and there is a unique situation on the site that causes an extreme hardship or detriment if the Village requirements are followed, provided the purpose, goals, objectives, and intent of the Village Code can still be achieved.
(Ord. 1993-37. Passed 9-13-93; Ord. 2011-02. Passed 1-10-11.)