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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