O-04-70VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -04 -70
AN ORDINANCE ADOPTING SECURITY FENCE
REGULATIONS FOR COMMERCIAL CONSTRUCTION SITES
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
20th day of December , 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 December , 2004.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -04 -70
AN ORDINANCE ADOPTING SECURITY FENCE
REGULATIONS FOR COMMERCIAL CONSTRUCTION SITES
WHEREAS, the corporate authorities of the Village of Deerfield have adopted certain
Construction Management Standards requiring, among other things, that certain construction
sites in residential neighborhoods be enclosed by security fencing to prevent unauthorized
persons from entering sites that may contain hazardous conditions; and,
WHEREAS, the corporate authorities of the Village of Deerfield are of the opinion that
the Director of Community Development should also be authorized to require security fencing
for certain commercial construction sites involving open excavations that pose a potential hazard
to the public;
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 Section 6.11 -1 ( "Definitions ") of Article 11 ( "Construction
Management ") of Chapter 6 ( "Building ") of the Municipal Code of the Village of Deerfield, as
amended, be and the same is hereby further amended as follows, adding the underscored
language and deleting the language with strike through marking:
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 a construction site or of a commercial
construction site and the applicant for a building
permit for the construction site or the commercial
construction site.
Ctimmarrial
Construction Site: A lot, block, tract or parcel of land under unified
ownership within a non-residential zoning district in
the Village of Deerfield upon which construction is
to take place.
Construction: Any work on a construction site or on a commercial
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 ewo-H -s*n-leti he
site, or the increase in the impervious surface
coverage of a raenstrueti the site. For purposes of
this Article, "Construction" does not include work
on a construction site or on a commercial
construction site owned by the Village of Deerfield.
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.
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
measured at a point 4 1/2 feet above the existing
grade at the base of the tree.
Director: Director shall mean the Director of Community
Development, or his or her designee.
SECTION 3: That Article 11 ( "Construction Management ") of 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 Section 6.11 -9 thereof-
2
6.11 -9 Commercial Construction Site Security Fencing:
(1) For purposes of this section, an "excavation" is defined as an open
and unguarded excavation on a commercial construction site that,
at its greatest depth, will be three (3) feet or more below ground.
(2) A security fence shall be required for the following excavations on
commercial construction sites:
(a) Excavations on a site abutting and contiguous to a lot
containing residential dwellings, if the excavation is less
than four hundred (400) feet from the abutting residential
lot. If such an excavation is more than four hundred (400)
feet from the abutting residential lot, the Director shall
apply the standards set forth in paragraph (2)(b) below in
determining if a security fence is required.
(b) Excavations that are proximate to places frequented by the
public, including parks, schools, streets, sidewalks and
places of business, and that the Director determines would
be a hazard if not protected. The Director shall consider
the following in determining if a security fence is required:
i. the proximity of the site to occupied buildings;
ii. the proximity of the site to places frequented by the
public;
iii. the effectiveness of any existing fencing adjacent to the
site;
iv. the feasibility and effectiveness of fencing the site;
v. the effectiveness of any security measures proposed by
the Applicant to deter entry to the site;
vi. the hazard presented by the activity occurring and
materials used on the site;
vii. the expected duration of the open excavation; and
viii. any other safety considerations.
(3) Security fencing required by this section shall:
(a) Be erected to fully enclose the excavation site;
(b) Be built to deter entry by unauthorized persons or vehicles;
(c) 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 Five Hundred Dollar ($500) locking
3
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.
(4) Security fencing shall be chain link or solid fencing with a height
of not less than six (6) feet.
SECTION 4: 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]
4
SECTION 5: 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 December '2004.
AYES: Kayne, Rosdnthal, Seiden, Swanson, Wylie (5)
NAYS: None (0)
ABSENT: Benton (1)
ABSTAIN: None (0)
APPROVED this 21st day of December
ATTEST:
--JWAIP�6 4kAIJ
Village Clerk - C)
Village Pr sident
2004.
,*-ILT Flo t��
5