(A)   A building permit applicant and the owner of the real property located within the city on which any construction activity will occur, shall contain all construction debris, airborne and otherwise, on the subject construction site. For purposes of this section, demolition is included within the term CONSTRUCTION. CONSTRUCTION DEBRIS shall mean any materials, supplies, equipment, garbage, solid waste, recyclables, earthen material, or particles derived from or arising out of the permitted construction activity. CONSTRUCTION SITE shall mean the real property on which construction is occurring.
   (B)   Temporary perimeter site fencing shall be required for construction sites pursuant to the following guidelines:
      (1)   The fence shall be six feet high, with approved 90% opaque wind screening material outside and securely and tightly attached to the fence to prevent dust and debris intrusion upon adjacent properties. The barrier or screening must be kept secure from any wind damage, free of rips, tears, graffiti and discoloration. Except where specified otherwise, the barrier must cover the entire construction site. Approval of the screening material shall be part of the permitting process in subsection (B)(3) below, and all applicants shall provide samples or photos or other information with regard to the desired screening material depicting the type and nature of such materials.
      (2)   The fence shall be installed and maintained at ground level on all sides of a construction site no sooner than ten days before commencement of construction on a previously vacant lot or lot which is not vacant with an additional structure being erected on same.
      (3)   A permit is required for the proposed temporary site fencing including a survey identifying all easements on the property which shall be submitted along with the building permit application. Property lines where the fence is to be installed shall be visually inspected for the presence of possible underground drainage pipes and those pipes shall be marked for protection.
      (4)   Temporary construction screening may include the following graphics:
         (a)   Project renderings may cover the entire length of the fence but shall not extend above the top of the required fence.
         (b)   The canvas or mesh fence panel covering may provide identification of the name and intended use of the project, project rendering, project website address and owner or agent, the contact information for the owner or agent, and the name and emergency contact information of the general contractor. Optional information may include the names of the developer, architect, engineer, lending institution, general contractor, and their corporate logos.
         (c)   The city logo, aerial images of the project location and/or city, photographic images of city owned land, buildings or structures, may be included in the barrier and/or the city’s adopted screening graphics as approved by the city’s Development Services Department.
         (d)   Murals or other public art are encouraged to be placed on plywood or incorporated as part of the screening material (subject to City Commission approval). Artwork will be selected based on the appropriateness of the artwork to the site and site environmental conditions, the quality of the artwork and general consistency with the standards for “artwork qualities” listed in the 2016-2025 Ten Year Public Art Master Plan & Public Art Guidelines.
         (e)   No part of the fence covering may contain advertising or sales information.
         (f)   Screening may not be political in nature and cannot include nudity or profanity. With exception of the project information described in § 152.06(B)(4), (a) & (b), screening may not be commercial in nature.
         (g)   Any letters and logos included in the screening are limited to 24” and may not exceed up to 1/3 of the total fence screening surface.
      (5)   Those construction sites abutting a waterway must include the installation and maintenance of a silt fence approved by a development services permit to prevent any soil or construction debris from the construction site from entering the waterway. (Silt fence must be installed in accordance with the Florida Stormwater, Erosion and Sedimentation Control Inspector's Manual.)
      (6)   Gates may be installed on the front, back or street side property lines. Gates may open inward, slide open or open outward only if the gate when opened does not block any right-of-way or sidewalk. The gate shall be same height as the fence with an allowance of up to four inches on the bottom of the gate to allow for clearance from the ground to open.
      (7)   All construction materials, dumpsters and portable toilets shall be required to be placed within the fenced area at all times; and construction sites shall be secured at night and on weekends when no work is being performed on the structure.
      (8)   The area outside the fence, especially between the fence and the street pavement, must be kept clean, level, and free of any debris or construction material at all times.
      (9)   Temporary site fences must remain on the property until the building construction and landscaping are substantially completed as determined by the Development Services Director or his/her designee.
      (10)   A waiver of the temporary site fencing or silt fencing may be granted by the Development Services Director or his/her designee, as follows:
         (a)   Where the property has or abuts to an existing six-foot high concrete wall, the Development Services Director or his/her designee may grant a waiver for the portion of the temporary site fencing that would otherwise be installed along the portion of the property where the wall is located.
         (b)   For construction on waterfront properties, an abutting property owner may request in writing the reduction of the screening material of a temporary site fence from six feet to four feet along those portions of the fence running at the seawall and 25 feet back from the seawall edge in an effort to minimize the loss of view towards the waterway. If the Development Services Director or his/her designee determines the screening material is obstructing the view of the canal from immediate adjacent lots, the screening material will be required to be lowered to four feet.
         (c)   If a structure is to be occupied after partial demolition and during construction, the property owner may request, and the Development Services Director or his/her designee may grant, a waiver of all or a portion of the fencing requirement.
      (11)   Storm drain inlet protection must be placed over all stormwater catch basins in accordance with National Pollutant Discharge Elimination System (NPDES) practices. Catch basins shall include those on the right-of-way of the affected property as well as those within 100 feet on adjacent properties. The inlets must be inspected and cleaned by the property owner or his/her designee after each rainfall and maintained as needed.
      (12)   In the event of a hurricane, the screening material on the temporary site fences and stormwater drains shall be removed or lowered and secured as part of the "Special Hurricane Inspection" pursuant to Section 109.14 of the Broward County Amendments to the Florida Building Code as may be amended from time to time.
      (13)   No construction site may be used for storage of additional fill, building materials or construction equipment until a building permit has been issued for the property.
   (C)   When an existing building or structure is to be demolished the following are required for the construction site:
      (1)   Temporary chain link fencing and screening as required in subsection (B), which meets the requirements contained in subsections (B)(1) through (B)(9); and
      (2)   Following demolition, the requirements contained in § 155.5203.A.3 must also be met, and if the property does not maintain an active building permit, the temporary fencing must be removed.
   (D)   The permit applicant and the property owner shall be jointly and severally responsible for compliance with this section.
   (E)   The provisions and procedures of this section shall be in addition and supplementary to any other requirements and remedies now existing or subsequently provided by law.
   (F)   The Development Services Director or his/her designee may waive the requirements for some or all of the debris mitigation measures and screening requirements for construction projects affecting less than 25% of the structural square footage of an existing structure being enlarged or renovated. Any such waiver by the Development Services Director or his/her designee shall be based on the nature of the project, the estimated time to complete the project, and the proximity of the construction site to neighboring properties and waterways, and the consideration of the potential negative impact of the construction site on surrounding properties.
   (G)   Failure to comply with any requirement contained within this section shall constitute a violation punishable before the Special Magistrate for Code Enforcement pursuant to the provisions of Chapter 37 of this Code, and of F.S. Chapter 162. Each day a violation of this section occurs shall be considered a separate violation. When the Building Official or his/her designee deems there to be a public safety concern, the Building Official or his/her designee may issue a stop work order, which may remain valid until such time as compliance with the section is achieved.
(Ord. 2009-45, passed 7-28-09; Am. Ord. 2011-75, passed 9-27-11; Am. Ord. 2013-35, passed 1-8-13; Am. Ord. 2021-78, passed 7-13-21)