O-04-05VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-04-05
AN ORDINANCE ADOPTING CONSTRUCTION MANAGEMENT
REGULATIONS FOR CONSTRUCTION IN RESIDENTIAL DISTRICTS
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
2 0th day of January , 2004.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
21st day of January , 2004.
STATE OF ILLINOIS )
COUNTIES OF LADE AND COOK )'SS
)
VILLAGE OF DEERFIELD )
COPY
563✓
LAKE COUNTY 9 IL REC:ORDE
The undersigned hereby certifies that he is the duly appointed Village Clerk of the Village of Deerfield, Lake and
Cook Counties, Illinois, and that the attached is a true and accurate copy of
Ordinance No. 0 -04 -05 entitled "An Ordinance Adopting Construction Management
Regulations for Construction in Residential Districts"
as appears in the records and files of the office of the Village Clerk.
Dated this August 20, 2004
SEAL
i
�i:
Village Clerk
Submitted by: Village of Deerfield
850 Waukegan Road
Deerfield, IL 60015
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-04-05
AN ORDINANCE ADOPTING CONSTRUCTION MANAGEMENT
REGULATIONS FOR CONSTRUCTION IN RESIDENTIAL DISTRICTS
WHEREAS, the Village of Deerfield is experiencing a substantial amount of housing
construction activity in established residential neighborhoods, including in -fill construction and
demolition of existing structures for housing redevelopment; and,
WHEREAS, such construction activity, unless well managed, can create public safety
hazards, noise, litter and disruption in residential neighborhoods, and can result in damage to
public improvements and landscaping; and
WHEREAS, the Residential Redevelopment Review Task Force has submitted its report
and recommendation to the President and Board of Trustees of the Village of Deerfield
recommending, among other things, that the Village of Deerfield adopt certain minimum
standards and regulations to control the manner in which construction shall be performed in
residential areas of the Village to protect public health, safety and welfare; and,
WHEREAS, the President and Board of Trustees of the Village. of Deerfield have
determined that the public health, safety and welfare of the residents of the Village of Deerfield
will be served by adoption of the construction management regulations and requirements set
forth herein;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, in the exercise of its home rule powers, as follows:
SECTION 1: That the above and foregoing recitals are incorporated herein by this
reference and made a part of this ordinance as if fully set forth herein.
SECTION 2: That Chapter 6, Building, of the Municipal Code of the Village of
Deerfield, as amended, be and the same is hereby further amended to add the following as
Article 11 thereof entitled Construction Management:
Article 11. Construction Management
6.11 -1 Definitions: For purposes of this Article, the following words and phrases
shall have the following meanings:
Applicant: Shall mean, individually and collectively, the owner
of the construction site and the applicant for a
building permit for the construction site.
Construction: Any work on a construction site that: (i) requires the
issuance of a demolition permit; or, (ii) requires the
issuance of a building permit for work that will
cause or result in grading, filling or excavation of a
construction site, or the increase in the impervious
surface coverage of a construction site.
Construction Site: A lot, block, tract or parcel of land under unified
ownership within a residential zoning district in the
Village of Deerfield upon which construction is to
take place.
Director: Director shall mean the Director of Community
Development, or his or her designee.
Critical Root Zone: Critical Root Zone shall mean the circular area
under a tree determined by a 1 -foot radius for each
one inch in diameter of the trunk of the tree
2
measured at a point 4 1/2 feet above the existing
grade at the base of the tree.
6.11 -2 General:
(1) The Applicant shall maintain the construction site and adjoining
public ways and public property in a safe and clean condition,
including but not limited to compliance with the minimum
standards and requirements set forth herein for security fencing,
protection of public property and landscaping, sanitation, facilities
for the collection and removal of debris, traffic and parking
control, loading and storage, until construction of all improvements
on the construction site has been completed and, if applicable, a
certificate of occupancy has been issued.
(2) Upon notice to the Applicant that the construction site is not in
compliance with the requirements of this Article, Applicant shall
cause the construction site to be brought into full compliance with
the requirements of this Article within twenty -four (24) hours.
(3) As a condition of any building permit issued for a construction site,
Applicant authorizes the Village and its officers, agents and
employees, in the event of any emergency, accident or violation of
this Article that affects or threatens to affect the construction site to
the detriment of public health, safety and welfare, to enter upon the
construction site and to take such actions as may be reasonably
necessary or appropriate to respond to the emergency, accident or
violation of this Article.
6.11 -3 Security Fencing:
(1) Construction sites shall be enclosed by a security fence at all times
from the commencement of any construction activities on the
construction site, including but not limited to the delivery and/or
storage of construction materials and equipment, until all of the
following construction activities, if applicable, have been
completed on the construction site:
(a) demolition of existing structures;
(b) excavating, backfilling and earthmoving;
(c) exterior storage of construction materials, equipment,
vehicles, spoil or stockpiles;
KI
(d) completion of building construction to the point where all
buildings on the site are enclosed and secured against
unauthorized entry.
(2) Security fencing shall be chain link or solid fencing with a height
of not less than six (6) feet. Fencing shall be maintained along the
full perimeter of the construction site or, with the approval of the
Director, to a smaller portion of the construction site where all of
the above - described construction activities will be confined to that
part of the construction site.
(3) .. The security fence shall be provided with an access gate, which
shall be securely locked at the end of each workday day and at all
times when work is not being done on the construction site.
Applicant shall pay a One Hundred Dollar ($100) locking service
fee to the Village for each occasion on which the gate is left
unlocked and the Village locks or otherwise secures the gate
against unauthorized access. In addition, each such violation shall
result in a one -day stop work order.
(4) The Applicant shall submit a site plan for approval by the Director
depicting the location of the security fencing and the tree
protection fencing on the construction site at the same time as
plans are submitted for permit approval for the site.
6.11 -4 Tree Protection:
(1) All trees in the public right -of -way adjacent to the construction site
shall be protected from damage by the installation of high visibility
plastic mesh fencing or other similar materials approved along the
perimeter of the critical root zone of each tree as approved by the
Director. Such fencing shall be at least four (4) feet in height and
shall be secured to metal posts driven into the ground and spaced
five (5) to seven (7) feet apart.
(2) All trees on property adjacent to the construction site which have a
root zone extending into the construction site shall be protected
from damage by the installation of high visibility plastic mesh
fencing, or the installation of the security fencing provided in this
Article, along the perimeter of the critical root zone located within
the construction site as approved by the Director.
0
6.11 -5 Construction Debris and Portable Toilet:
(1) Together with the plans submitted for permit approval, Applicant
shall submit a site plan for approval by the Director showing the
proposed location of all construction dumpsters and portable
toilets.
(2) The Applicant shall maintain the construction site in a safe and
clean condition at all times, free and clear of construction debris
and refuse generated by demolition, land development and
construction activities.
(3) Construction debris and refuse containment facilities are required
for all construction sites and shall be provided on the construction
site within construction dumpsters of an appropriate size for the
project, or within such other structures or containers as approved
by the Director for the project. All such dumpsters, structures or
containers shall be covered or enclosed so as to be inaccessible to
unauthorized persons at all times when workers are not present
performing work on the construction site.
(4) The Applicant shall cause all construction debris and refuse to be
picked up from the grounds of the construction site and deposited
into approved construction debris and refuse containment facilities
not less often than at the end of each work day. The Applicant
shall farther cause all construction debris and refuse to be collected
and removed from the construction site by scavengers using
covered or contained vehicles for disposal in accordance with all
applicable federal, state and local laws and regulations.
(5) Unless or until workers will be accommodated by existing toilet
facilities on the construction site, a portable toilet shall be provided
upon commencement of construction activities and maintained
until the completion of construction activities. The location of the
portable toilet shall be set back a minimum of six (6) feet from all
property lines. All portable toilets shall be emptied, cleaned and
restocked as needed in compliance with all local, state and federal
laws and regulations.
6.11 -6 Protection of Streets and Public Property:
(1) Unless permission has been granted by the Village to defer the
replacement or repair of public property damaged or destroyed
during construction, Applicant shall promptly cause all public
ways, utility easements, landscaping and other public property
5
U
disturbed, damaged or destroyed as a result of construction
activities on the construction site, including but not limited to
street pavement, curbs, sidewalks, sewers, drainage systems, street
lights, and other public improvements, to be repaired'and restored
to a condition as good and serviceable as before such damage or
disturbance.
(2) Construction vehicles shall use a driveway to enter the
construction site from the adjacent roadway. If there is no
driveway on the construction site, Applicant shall install a
temporary driveway approved by the Director to be used for access
to the site.
(3.) Applicant shall, until the cessation of construction activity and the
issuance of an occupancy permit, maintain that part of any street
alley, parkway, sidewalk or other public property adjacent to the
construction site, or used as a route for construction traffic, in a
safe condition and clear of mud, dirt and debris deposited thereon.
(4) If a sidewalk exists adjacent to the construction site, it shall be
maintained and kept available, clean and unobstructed to provide a
safe pedestrian walkway at all times during construction.
(5) If it is necessary to remove a sidewalk to facilitate construction,
Applicant shall provide a temporary walkway approved by the
Director of Public Works that is accessible and usable by
individuals with disabilities. Applicant shall restore and replace
the permanent sidewalk as soon as possible, weather permitting.
6.11 -7 Traffic and Parking:
(1) Applicant shall submit a construction traffic routing and parking
plan for approval by the Chief of Police with the plans submitted
for permit approval.
(2) All construction activities, including deliveries, shall be performed
so that there is minimum interference with pedestrian and
vehicular traffic.
(3) The Applicant shall not perform any work with respect to a
construction site, or permit any such work to be performed, that
will partially or completely block vehicular traffic on a public
roadway, or access to any residence, business or institution,
without permission from the Director of Public Works.
(4) The Applicant is responsible for providing and installing warning
signs, protective devices and flaggers, meeting all applicable
federal, state and local requirements, when necessary for the
protection of the public and workers when any work is being
performed that will partially or completely block vehicular traffic
on a public roadway. The Director of Public Works may require
that additional traffic protection measures be taken where he or she
determines that additional traffic protection measures are
warranted because of the nature, location or time of the work to be
performed.
6.11 -8 Right -of- Entry: Every Applicant seeking a construction permit from the
Village shall submit a written authorization, binding on the property owner, made
on a form provided by the Director, granting the Village and it officers, agents
and employees permission and authority to enter upon the construction site to take
remedial action as necessary to cure Applicant's failure to comply with this
Article.
SECTION 3: That this Ordinance, and each of its terms, shall be the effective legislative
act of a home rule municipality without regard to whether such Ordinance should: (a) contain
terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b)
legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the
intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of
this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall
supersede state law in that regard within its jurisdiction.
[This Space Left Blank Intentionally]
7
SECTION 4: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
PASSED this 20th day of January 2004,
AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5)
NAYS: None (0 )
ABSENT: Swanson (1)
ABSTAIN: None
APPROVED this :
ATTEST:
k
Village Clerk
8
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-04-05
AN ORDINANCE ADOPTING CONSTRUCTION MANAGEMENT
REGULATIONS FOR CONSTRUCTION IN RESIDENTIAL DISTRICTS
Published in pamphlet form
by authority.of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
21st day of January , 2004.
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
2 0th day of January , 2004.
5� 327
5632763
STATE OF ILLINOIS ) FILED FOR RECORD BY:
11ARY ELLEN VANDERVENTER
COUNTIES OF LAKE AND COOK ) SS LAKE COUNTY, IL RECORDER
08/27/2004 - 10:38:43 A.M.
VILLAGE OF DEERFIELD ) RECEIPT : s: 179911
The undersigned hereby certifies that he is the duly appointed Village Clerk of the Village of Deerfield, Lake and
Cook Counties, Illinois, and that the attached is a true and accurate copy of
Ordinance No. 0 -04 -05 entitled "An Ordinance Adopting Construction Management
Regulations for Construction in Residential Districts"
as appears in the records and files of the office of the Village Clerk.
Dated this August 20, 2004
MO-AtkT D. FRANZ
Village Clerk
t F'
SEAL
r .
Submitted by: Village of Deerfield
850 Waukegan Road
MAIL Deerfield, IL 60015
TO
- 5632'1
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-04-05
AN ORDINANCE ADOPTING CONSTRUCTION MANAGEMENT
REGULATIONS FOR CONSTRUCTION IN RESIDENTIAL DISTRICTS
WHEREAS, the Village of Deerfield is experiencing a substantial amount of housing
construction activity in established residential neighborhoods, including in -fill construction and
demolition of existing structures for housing redevelopment; and,
WHEREAS, such construction activity, unless well managed, can create public safety
hazards, noise, litter and disruption in residential neighborhoods, and can result in damage to
public improvements and landscaping; and
WHEREAS, the Residential Redevelopment Review Task Force has submitted its report
and recommendation to the President and Board of Trustees of the Village of Deerfield
recommending, among other things, that the Village of Deerfield adopt certain minimum
standards and regulations to control the manner in which construction shall be performed in
residential areas of the Village to protect public health, safety and welfare; and,
WHEREAS, the President and Board of Trustees of the Village. of Deerfield have
determined that the public health, safety and welfare of the residents of the Village of Deerfield
will be served by adoption of the construction management regulations and requirements set
forth herein;
3
5632'768
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, in the exercise of its home rule powers, as follows:
SECTION 1: That the above and foregoing recitals are incorporated herein by this
reference and made a part of this ordinance as if fully set forth herein.
SECTION 2: That Chapter 6, Building, of the Municipal Code of the Village of
Deerfield, as amended, be and the same is hereby further, amended to add the following as
Article 11 thereof entitled Construction Management:
Article 11. Construction Management
6.11 -1 Definitions: For purposes of this Article, the following words and phrases
shall have the following meanings:
Applicant: Shall mean, individually and collectively, the owner
of the construction site and the applicant for a
building permit for the construction site.
Construction:,,, Any work on a construction site that: (i) requires the
issuance of a demolition permit; or, (ii) requires the
issuance of a building permit for work that will
cause or result in grading, filling or excavation of a
construction site, or the increase in the impervious
surface coverage of a construction site.
Construction Site: A lot, block, tract or parcel of land under unified
ownership within a residential zoning district in the
Village of Deerfield upon which construction is to
take place.
Director: Director shall mean the Director of Community
Development, or his or her designee.
Critical Root Zone: Critical Root Zone shall mean the - circular area
under a tree determined by a 1 -foot radius for each
one inch in diameter of the trunk of the tree .
2
measured at a point 4 1/2 feet above the' existing
grade at the base of the tree.
6.11 -2 General:
(1) The Applicant shall maintain the, construction site and adjoining
public ways and public property in a safe and clean condition,
including but not limited to compliance with the minimum
standards and requirements set forth herein for security fencing,
protection of public property and landscaping, sanitation, facilities
for the collection and removal of debris, traffic and parking
control, loading and storage, until construction of all improvements
on the construction site has been completed and, if applicable, a
certificate of occupancy has been issued.
(2) Upon notice to the Applicant that" the construction site is not in
compliance with the requirements of this Article, Applicant shall
cause the construction site to be brought into full compliance with
the requirements of this Article within twenty -four (24) hours.
(3) As a condition of any building permit issued for a construction site,
Applicant authorizes the Village and its officers, agents and
employees, in the event of any emergency, accident or violation of
this Article that affects or threatens to affect the construction site to
the detriment of public health, safety and welfare, to enter upon the
construction site and to take such actions as may be reasonably
necessary or appropriate to respond to the emergency, accident or
violation of this Article.
6.11 -3 Security Fencing:
(1) Construction sites shall be enclosed by a security fence at all times
from the commencement of any construction activities on the
construction site, including but not limited to the delivery and/or
storage of construction materials and equipment, until all of the
following construction activities, if applicable, have been
completed on the construction site:
(a) demolition of existing structures;
(b) excavating, backfilling and earthmoving;
(c) exterior storage of construction materials, equipment, .
vehicles, spoil or stockpiles;
3
(d) completion of building construction to the point where all
buildings on the site are enclosed and secured against
unauthorized entry.
(2) Security fencing shall be chain link or solid fencing with a height
of not less than six (6) feet. Fencing shall be maintained along the
full perimeter of the construction site or, with the approval of the
Director, to a smaller portion of the construction site where all of
the above - described construction activities will be confined to that
part of the construction site.
(3) The security fence shall be provided with an access gate, which
shall be securely locked at the end of each workday day and at all
times when work is not being done on the construction site.
Applicant shall pay a One Hundred Dollar ($100) locking service
fee to the Village for each occasion on which the gate is left
unlocked and the Village locks or otherwise secures the gate
against unauthorized access. In addition, each such violation shall
result in a one -day stop work order.
(4) The Applicant shall submit a site plan for approval by the Director
depicting the location of the security fencing and the tree
protection fencing on the construction site at the same time as
plans are submitted for permit approval for the site.
6.11 -4 Tree Protection:
(1) All trees in the public right -of -way adjacent to the construction site
shall be protected from damage by the installation of high visibility
plastic mesh fencing or other similar materials approved along the
perimeter of the critical root zone of each tree as approved by the
Director. Such fencing shall be at least four (4) feet in height and
shall be secured to metal posts driven into the ground and spaced
five (5) to seven (7) feet apart.
(2) All trees on property adjacent to the construction site which have a
root zone extending into the construction site shall be protected
from damage by the installation of high visibility plastic mesh
fencing, or the installation of the security fencing provided in this
Article, along the perimeter of the critical root zone located within
the construction site as approved by the Director.
632768
6.11 -5 Construction Debris and Portable Toilet:
(1) Together with the plans submitted for permit approval, Applicant
shall submit a site plan for approval by the Director showing the
proposed location of all construction dumpsters and portable
toilets.
(2) The Applicant shall maintain the construction site in a safe and
clean condition at all times, free and clear of construction debris
and refuse generated by demolition, land development and
construction activities.
(3) Construction debris and refuse containment facilities are required
for all construction sites and shall be provided on the construction
site within construction dumpsters of an appropriate size for the
project, or within such other structures or containers as approved
by the Director for the project. All such dumpsters, structures or
containers shall be covered or enclosed so as to be inaccessible to
unauthorized persons at all times when workers are not present
performing work on the construction site.
(4) The Applicant shall cause all construction debris and refuse to be
picked up from the grounds of the construction site and deposited
into approved construction debris and refuse containment facilities
not less often than at the end of each work day. The Applicant
shall further cause all construction debris and refuse to be collected
and removed from the construction site by scavengers using
covered or contained vehicles for disposal in accordance with all
applicable federal, state and local laws and regulations.
(5) Unless or until workers will be accommodated by existing toilet
facilities on the construction site, a portable toilet shall be provided
upon commencement of construction activities and, maintained
until the completion of construction activities. The location of the
portable toilet shall be set back a minimum of six (6) feet from all
property lines. All portable toilets shall be emptied, cleaned and
restocked as needed in compliance with all local, state and federal
laws and regulations.
6.11 -6 Protection of Streets and Public Property:
(1) Unless permission has been granted by the Village to defer the
replacement or repair of public property damaged or destroyed
during construction, Applicant shall promptly cause . all public
ways, utility easements, landscaping and other public .property
5
5632'768
disturbed, damaged or destroyed as a result of construction
activities on the construction site, including but not limited to
street pavement, curbs, sidewalks, sewers, drainage systems, street
lights, and other public improvements; to be repaired and restored
to a condition as good and serviceable as before such damage or
disturbance.
(2) Construction vehicles shall use a driveway to enter the
construction site from the adjacent roadway. If there is no
driveway on the construction site, Applicant shall install a
temporary driveway approved by the Director to be usdd for access
to the site.
(3.) Applicant shall, until the cessation of construction activity and the
issuance of an occupancy permit, maintain that part of any street
alley, parkway, sidewalk or other public property adjacent to the
construction site, or used as a route for construction traffic, in a
safe condition and clear of mud, dirt and debris deposited thereon.
(4) If a sidewalk exists adjacent to the construction site, it shall be
maintained and kept available, clean and unobstructed to provide a
safe pedestrian walkway at all times during construction.
(5) If it is necessary to remove a sidewalk to facilitate construction,
Applicant shall provide a temporary walkway approved by the
Director of Public Works that is accessible and usable by
individuals with disabilities. Applicant shall restore and replace
the permanent sidewalk as soon as possible, weather permitting.
6.11 -7 Traffic and Parldng:
(1) Applicant shall submit a construction traffic routing and parking
plan for approval by the Chief of Police with the plans submitted
for permit approval.
(2) All construction activities, including deliveries, shall be performed .
so that there is minimum interference with pedestrian and
vehicular traffic.
(3) The Applicant shall not perform any work with respect to a
construction site, or permit any such work to be performed, that
will partially or completely block vehicular traffic on a public
roadway, or access to any residence, business or institution,
without permission from the Director of Public Works.
6
5632'768
(4) The Applicant is responsible for providing and installing warning
signs, protective devices and flaggers, meeting all applicable
federal, state and local requirements, when necessary for the
protection of the public and workers when any work is being
performed that will partially or completely block vehicular traffic
on a public roadway. The Director of Public Works may require
that additional traffic protection measures be taken where he or she
determines that additional traffic protection measures are
warranted because of the nature, location or time of the work to be
performed.
6.11 -8 Right -of- Entry: Every Applicant seeking a construction permit from the
Village shall submit a written authorization, binding on the property owner, made
on a form provided by the Director, granting the Village and it officers, agents
and employees permission and authority to enter upon the construction site to take
remedial action as necessary to cure Applicant's failure to comply with this
Article.
SECTION 3: That this Ordinance, and each of its terms, shall be the effective legislative
act of a home rule municipality without regard to whether such Ordinance should: (a) contain
terms contrary to the provisions of current or subsequent non- preemptive state law; or, (b)
legislate 'in a manner or regarding a matter not delegated to municipalities by state law. It is the
intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of
this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall
supersede state law in that regard within its jurisdiction.
[This Space Left Blank Intentionally]
5632763.
SECTION 4: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
PASSED this 20th day of January 2004.
AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5)
NAYS: None (0 )
ABSENT: Swanson (1)
ABSTAIN: None
APPROVED this
ATTEST:
6 � k"'A
Village Clerk
5632768
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-04-05
AN ORDINANCE ADOPTING CONSTRUCTION MANAGEMENT
REGULATIONS FOR CONSTRUCTION IN RESIDENTIAL DISTRICTS
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE- VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
2 0th day of January , 2004.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
21st day of January , 2004.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0-04-'05
AN ORDINANCE ADOPTING CONSTRUCTION MANAGEMENT
REGULATIONS FOR CONSTRUCTION IN RESIDENTIAL DISTRICTS
WHEREAS, the Village of Deerfield is experiencing a substantial amount of housing
construction activity in established residential neighborhoods, including in -fill construction and
demolition of existing structures for housing redevelopment; and,
WHEREAS, such construction activity, unless well managed, can create public safety
hazards, noise, litter and disruption in residential neighborhoods, and can result in damage to
public improvements and landscaping; and
WHEREAS, the Residential Redevelopment Review Task Force has submitted its report
and recommendation to the President and Board of Trustees of the Village of Deerfield
recommending, among other things, that the Village of Deerfield adopt certain minimum
standards and regulations to control the manner in which construction shall be performed in
residential areas of the Village to protect public health, safety and welfare; and,
WHEREAS, the President and Board of Trustees of the Village of Deerfield have
determined that the public health, safety and welfare of the residents of the Village of Deerfield
will be served by adoption of the construction management regulations and requirements set
forth herein;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, in the exercise of its home rule powers, as follows:
SECTION 1: That the above and foregoing recitals are incorporated herein by this
reference and made a part of this ordinance as if fully set forth herein.
SECTION 2: That Chapter 6, Building, of the Municipal Code of the Village of
Deerfield, as amended, be and the same is hereby further amended to add the following as
Article 11 thereof entitled Construction Management:
Article 11. Construction Management
6.11 -1 Definitions: For purposes of this Article, the following words and phrases
shall have the following meanings:
Applicant: Shall mean, individually and collectively, the owner
of the construction site and the applicant for a
building permit for the construction site.
Construction: Any work on a construction site that: (i) requires the
issuance of a demolition permit; or, (ii) requires the
issuance of a building permit for work that will
cause or result in grading, filling or excavation of a
construction site, or the increase in the impervious
surface coverage of a construction site.
Construction Site: A lot, block, tract or parcel of land under unified
ownership within a residential zoning district in the
Village of Deerfield upon which construction is to
take place.
Director: Director shall mean the Director of Community
Development, or his or her designee.
Critical Root Zone: Critical Root Zone shall mean the circular area
under a tree determined by a 1 -foot radius for each
one inch in diameter of the trunk of the tree
2
measured at a point 4 1/2 feet above the existing
grade at the base of the tree.
6.11 -2 General:
(1) The Applicant shall maintain the construction site and adjoining
public ways and public property in a safe and clean condition,
including but not limited to compliance with the minimum
standards and requirements set forth herein for security fencing,
protection of public property and landscaping, sanitation, facilities
for the collection and removal of debris, traffic and parking
control, loading and storage, until construction of all improvements
on the construction site has been completed and, if applicable, a
certificate of occupancy has been issued.
(2) Upon notice to the Applicant that the construction site is not in
compliance with the requirements of this Article, Applicant shall
cause the construction site to be brought into full compliance with
the requirements of this Article within twenty -four (24) hours.
(3) As a condition of any building permit issued for a construction site,
Applicant authorizes the Village and its .officers, agents and
employees, in the event of any emergency, accident or violation of
this Article that affects or threatens to affect the construction site to
the detriment of public health, safety and welfare, to enter upon the
construction site and to take such actions as may be reasonably
necessary or appropriate to respond to the emergency, accident or
violation of this Article.
6.11 -3 Security Fencing:
(1) Construction sites shall be enclosed by a security fence at all times
from the commencement of any construction activities on the
construction site, including but not limited to the delivery and/or
storage of construction materials and equipment, until all of the
following construction activities, if applicable, have been
completed on the construction site:
(a) demolition of existing structures;
(b) excavating, backfilling and earthmoving;
(c) exterior storage of construction materials, equipment,
vehicles, spoil or stockpiles;
3
(d) completion of building construction to the point where all
buildings on the site are enclosed and secured against
unauthorized entry.
(2) Security fencing shall be chain link or solid fencing with a height
of not less than six (6) feet. Fencing shall be maintained along the
full perimeter of the construction site or, with the approval of the
Director, to a smaller portion of the construction site where all of
the above - described construction activities will be confined to that
part of the construction site.
(3) The security fence shall be provided with an access gate, which
shall be securely locked at the end of each workday day and at all
times when work is not being done on the construction site.
Applicant shall pay a One Hundred Dollar ($100) locking service
fee to the Village for each occasion on which the gate is left
unlocked and the Village locks or otherwise secures the gate
against unauthorized access. In addition, each such violation shall
result in a one -day stop work order.
(4) The Applicant shall submit a site plan for approval by the Director
depicting the location of the security fencing and the tree
protection fencing on the construction site at the same time as
plans are submitted for permit approval for the site.
6.11 -4 Tree Protection:
(1) All trees in the public right -of -way adjacent to the construction site
shall be protected from damage by the installation of high visibility
plastic mesh fencing or other similar materials approved along the
perimeter of the critical root zone of each tree as approved by the
Director. Such fencing shall be at least four (4) feet in height and
shall be secured to metal posts driven into the ground and spaced
five (5) to seven (7) feet apart.
(2) All trees on property adjacent to the construction site which have a
root zone extending into the construction site shall be protected
from damage by the installation of high visibility plastic mesh
fencing, or the installation of the security fencing provided in this
Article, along the perimeter of the critical root zone located within
the construction site as approved by the Director.
4
6.11 -5 Construction Debris and Portable Toilet:
(1) Together with the plans submitted for permit approval, Applicant
shall submit a site plan for approval by the Director showing the
proposed location of all construction dumpsters and portable
toilets.
(2) The Applicant shall maintain the construction site in a safe and
clean condition at all times, free and clear of construction debris
and refuse generated by demolition, land development and
construction activities.
(3) Construction debris and refuse containment facilities are required
for all construction sites and shall be provided on the construction
site within construction dumpsters of an appropriate size for the
project, or within such other structures or containers as approved
by the Director for the project. All such dumpsters, structures or
containers shall be covered or enclosed so as to be inaccessible to
unauthorized persons at all times when workers are not present
performing work on the construction site.
(4) The Applicant shall cause all construction debris and refuse to be
picked up from the grounds of the construction site and deposited
into approved construction debris and refuse containment facilities
not less often than at the end of each work day. The Applicant
shall further cause all construction debris and refuse to be collected
and removed from the construction site by scavengers using
covered or contained vehicles for disposal in accordance with all
applicable federal, state and local laws and regulations.
(5) Unless or until workers will be accommodated by existing toilet
facilities on the construction site, a portable toilet shall be provided
upon commencement of construction activities and maintained
until the completion of construction activities. The location of the
portable toilet shall be set back a minimum of six (6) feet from all
property lines. All portable toilets shall be emptied, cleaned and
restocked as needed in compliance with all local, state and federal
laws and regulations.
6.11 -6 Protection of Streets and Public Property:
(1) Unless permission has been granted by the Village to defer the
replacement or repair of public property damaged or destroyed
during construction, Applicant shall promptly cause all public
ways, utility easements, landscaping and other public property
R
disturbed, damaged or destroyed as a result of construction
activities on the construction site, including but not limited to
street pavement, curbs, sidewalks, sewers, drainage systems, street
lights, and other public improvements, to be repaired and restored
to a condition as good and serviceable as before such damage or
disturbance.
(2) Construction vehicles shall use a driveway to enter the
construction site from the adjacent roadway. If there is no
driveway on the construction site, Applicant shall install a
temporary driveway approved by the Director to be used for access
to the site.
(3) Applicant shall, until the cessation of construction activity and the
issuance of an occupancy permit, maintain that part of any street
alley, parkway, sidewalk or other public property adjacent to the
construction site, or used as a route for construction traffic, in a
safe condition and clear of mud, dirt and debris deposited thereon.
(4) If a sidewalk exists adjacent to the construction site, it shall be
maintained and kept available, clean and unobstructed to provide a
safe pedestrian walkway at all times during construction.
(5) If it is necessary to remove a sidewalk to facilitate construction,
Applicant shall provide a temporary walkway approved by the
Director of Public Works that is accessible and usable by
individuals with disabilities. Applicant shall restore and replace
the permanent sidewalk as soon as possible, weather permitting.
6.11 -7 Traffic and Parldng:
(1) Applicant shall submit a construction traffic routing and parking
plan for approval by the Chief of Police with the plans submitted
for permit approval.
(2) All construction activities, including deliveries, shall be performed
so that there is minimum interference with pedestrian and
vehicular traffic.
(3) The Applicant shall not perform any work with respect to a
construction site, or permit any such work to be performed, that
will partially or completely block vehicular traffic on a public
roadway, or access to any residence, business or institution,
without permission from the Director of Public Works.
T
(4) The Applicant is responsible for providing and installing warning
signs, protective devices and flaggers, meeting all applicable
federal, state and local requirements, when necessary for the
protection of the public and workers when any work is being
performed that will partially or completely block vehicular traffic
on a public roadway. The Director of Public Works may require
that additional traffic protection measures. be taken where he or she
determines that additional traffic protection measures are
warranted because of the nature, location or time of the work to be
performed.
6.11 -8 Right -of- Entry: Every Applicant seeking a construction permit from the
Village shall submit a written authorization, binding on the property owner, made
on a form provided by the Director, granting the Village and it officers, agents
and employees permission and authority to enter upon the construction site to take
remedial action as necessary to cure Applicant's failure to comply with this
Article.
SECTION 3: That this Ordinance, and each of its terms, shall be the effective legislative
act of a home rule municipality without regard to whether such Ordinance should: (a) contain
terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b)
legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the
intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of
this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall
supersede state law in that regard within its jurisdiction.
[This Space Left Blank Intentionally]
7
SECTION 4: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
PASSED this 20th day of January , 2004.
AYES: Benton, Kayne, Rosenthal, Seiden, Wylie (5)
NAYS: None (0 )
ABSENT: Swanson (1)
ABSTAIN: None
APPROVED this
ATTEST:
Village Clerk
8