Item 3D
AGENDA ITEM #3D
FEBRUARY 9, 2004
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STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Amendment to Chapter 6 Buildings and Building Regulations
DATE: February 2, 2004
BACKROUND: The Building and Code Enforcement offices have received several
complaints pertaining to the control of trash, dumpster locations, portable toilet
~"" locations, and parking on construction sites.
In responce to these complaints we have developed a draft ordinance to better
control these areas and give the contractor a set of guidelines to follow in managing
"' the construction sites. We have reviewed other cities ordinances to create a
ordinance for Atlantic Beach. The city we found with the most comprehensive
ordinance was Naples,. Fl. Additional information came from Boca Raton, Anna
Maria, Jupiter Inlet, Margate and Key West.
Prior to being issued a permit, contractors will be required to submit a site
management plan. This plan will include parking for construction traffic, fencing,
~"" portable toilets, portable buildings, traffic control on adjacent streets, hours of
operation, material storage, signage, etc.
BUDGET: N/A These inspections can be completed during regular scheduled
inspections
RECOMMENDATION: Consider proposed ordinance and schedule for first
reading.
ATTACHMENTS: Proposed ordinance
REVIEWED BY CITY MANAGER:
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yes
AGENDA ITEM #3D
FEBRUARY 9, 2004
Sec. 6-18. Construction site management.
(a) No building permit shall be issued unless a construction site management
plan has been submitted and approved by the building official. Persons
who intend to make any of the following improvements: lot clearing,
grading, stockpiling of soil, demolition, building construction or
reconstruction, building alteration or addition shall designate either a
licensed contractor or owner-builder for the purposes of the construction
site management requirements. These requirements set minimum
standards for the operation of the project site to eliminate or minimize
impacts to the site and to the neighborhood to include containment of
sediment, surface water discharge, erosion of soil, vehicle parking and
loading area, traffic control, fencing, placement of materials, safety,
neatness and cleanliness.
(b) Contractor shall submit a construction site management plan with a
building permit application which includes the following submittal
~„ requirements unless waived by the building official:
(1) Location of proposed demolition.
~ (2) Grading and drainage surface water management plan for street
and project site, Chapter 24, Article III, Division 3, Section 24-67
~,, including:
a. Drainage plan during construction in compliance with
subsection (d).
b. Final grading and drainage plan upon completion of
construction for street and project site in compliance with
Section 94-75 and subsection (d)4, and 5.
(3) Parking plan, including:
a. Location of onsite and abutting street parking area.
b. Offsite parking plan in compliance with subsection (e)(4)
and the following:
1. A single access with dimensions;
2. Buffering for adjacent waterways and streets, as
approved by the building official;
3. A temporary fence location, height and type of fence
with screening;
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FEBRUARY 9, 2004
(4) Fencing plan, showing location, height and type of fence with
screening or evidence that proposed construction does not warrant
a construction fence in compliance with subsection (g) (6) as
determined by the building official.
(5) Location of construction trailer(s), loading/unloading area and
material storage area.
(6) Location of chemical toilet(s).
(7) Location of dumpster.
(8) Traffic control plan, showing access with dimensions, area to be
stabilized, narrative on phasing of construction with provision of
adequate parking and delivery of materials.
(9) Other activities, where special conditions are identified by the
building official.
(c) Approvallwaivers. The building official shall review, approve or deny the
construction site management plan.. The building official is hereby
authorized to grant waivers from submittal requirements and
corresponding standards:
(1) If the requirement is unrelated to proposed development, or
(2) If the impact of the proposed development is negligible in the that
~. submittal requirement area.
(d) Parking during development of project.
(1) Parking on-site. Contractor shall provide for parking on the project
site and abutting right-of-way to the greatest degree possible.
Alternative parking sites may include adjacent vacant lot or offsite
parking lots in the immediate area as approved in the construction
site management plan.
(2) Access. Use of the public right-of--way for access to and from the
project site as shown on the construction site management plan
shall be strictly managed by the contractor. Contractor shall
maintain the public street adjacent to the project site free of dirt,
sand or any other debris resulting from construction activities. The
public right-of-way adjacent to the project site shall be broom swept
on a regular basis keeping it free of dirt, sand and other debris.
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AGENDA ITEM #3D
FEBRUARY 9, 2004
Failure to remove said material on the day of occurrence is a
violation.
(3) Temporary graveled or stabilized area for construction access and
parking. Contractor shall provide a graveled or stabilized area as
shown in the construction site management plan. The stabilized
area shall be located at points where vehicles enter and exit the
construction site and the parking location. When aright-of-way
area is used for parking, the contractor shall provide a graveled or
stabilized area on the right-of--way. Upon completion of the project,
the contractor shall restore the right-of way to its original condition
or better. The purpose of the graveled or stabilized area at the
entrance to the project site is to eliminate and reduce tracking or
flow of sand, mud, concrete wash or other related material onto the
right-of--way.
(4) Offisite parking. If the construction site management plan
illustrates proposed parking in the right-of-way, the application shall
be accompanied by a city right-of--way permit. The building official
may temporarily permit offsite parking on vacant lots other than the
project site with the written permission of the owner of the lot where
the vehicles are to be parked and in compliance with the following
standards:
a. Compliance with the construction site management plan.
b. The lot shall be used for parking only.
c. There shall be no storage of materials, trailers or
construction equipment.
d. There shall be no loading and unloading of materials or
machinery.
e. Parking within the right-of-way abutting the off-site parking
lot may be approved by the building official. Sufficient
ingress and egress to the vacant lot must be maintained.
f. A temporary six-foot fence with fabric or screen or other
materials as approved by the building official shall be
located at the front, side, and rear lot line of the temporary
parking area except where a lot line is located on the
water. Where a lot line is along the water, the fence shall
be placed no closer to the water than the yard setback line
and shall not exceed three feet in height. The fence gate
shall remain locked during non-working hours. The fencing
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AGENDA ITEM #3D
FEBRUARY 9, 2004
shall remain on-site until the off-site parking is no longer
needed to complete the project site and shall be removed
prior to issuance of a certificate of occupancy for the
project site.
g. The offsite parking shall occur no earlier than 7:00 a.m.
and no later than 6:30 p.m.. Loitering is prohibited.
~"` h. The offsite parking lot shall be restored to its original
condition prior to issuance of a certificate of occupancy for
~ the project site and shall include proper grading,
replacement of trees, planting of grass and other
landscape material as approved by the property owner.
(e) Material storage. Material associated with the project site including
equipment shall be neatly stored on the site (within the fenced area when
applicable). The storage of material shall not obstruct access to the
structure under construction or create a public safety hazard. All loading
or unloading of materials and/or equipment is limited to the construction
site and adjacent right-of-way.
(f) Construction fencing. A project site that meets the following standards is
required to install a construction fence which means a temporary six-foot
chain link fence with fabric, or other screening material.
(1) Clearing, grading or demolition. A construction fence is required
where clearing, grading, stockpiling of soil or demolition is proposed
as follows:
a. A lot located in the residential or commercial zoning
districts shall install a fence on the front, side, and rear lot
lines prior to commencement of clearing, grading or
demolition. Fencing may be removed upon final electrical
inspection.
b. All other lots shall install a fence on the side and rear lot
lines. Fencing may be removed upon final electrical
inspection.
(2) Major remodeling shall mean an increase in the building volume of
10,000 cubic feet or more; or an increase in the building footprint of
1,000 square feet or more; or new construction with a building
footprint of 1,000 square feet or more. A construction fence is
required for major remodeling as follows:
a. A lot located in the residential or commercial zoning
districts shall install a fence on the front, side and rear lot
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AGENDA ITEM #3D
FEBRUARY 9, 2004
lines. Fencing may be removed upon final electrical
inspection;
b. All other lots shall install a fence on the side and rear lot
lines. Fencing may be removed upon final electrical
inspection;
(3) Major alteration shall mean where 50 percent or more of the gross
square footage of an existing structure is proposed for
reconstruction, rehabilitation, removal of wall(s), alteration or other
improvement excluding replacement of the roof: A construction
fence is required for major alteration as follows:
a. A lot located in the residential or commercial zoning
districts shall install a fence on the front, side and rear lot
lines. Fencing may be removed upon final electrical
inspection.
b. All other lots shall install a fence on the side and rear lot
lines. Fencing may be removed upon final electrical
inspection.
(4) Exception from six-foot height requirement.
a. Where a construction fence is required and the property
line is located on the water in any zoning district, that
portion of the construction fence along the water shall be
located no closer than the yard setback line at a height no
higher than three feet.
b. In a zoning on a waterfront facing the rear yard lot, -the side
lot line fence shall be lowered to three feet for that portion
which is the greater of:
1. 30 feet from the mean highwater line; or
2. 30 feet from the platted waterfront building line
(5) Alternative to fence. An existing hedge or visual barrier of at least
six feet in height along any lot line may be considered an equivalent
~* of the construction fence. The contractor shall make this request in
writing to the building official
(6) Exception to installation of construction fence. Where a
construction fence would be required for a residential lot pursuant
to subsection (1)b., (2)b, or (3)b. and contractor obtains a
AGENDA ITEM #3D
FEBRUARY 9, 2004
construction fence waiver from the adjacent property owner or
tenant that abuts the project site, the building official may waive the
requirement for all or a portion of the construction fence.
(7) Installation. Installation of a construction fence shall occur prior to
any construction activity or material deliveries. The fence shall not
be placed so as to create a public safety hazard. Where the project
~„ site is enclosed by a fence, the fence gate shall be locked during
non-working hours.
(g) Signs. A 12" X 18" sign shall be posted by the contractor on the project
site in the location approved on the construction site management plan
which is readable from the street. The sign shall contain the street
address of the properly, phone number for the City of Atlantic Beach and
the name and phone number of the general contractor. The sign is
exempt from Chapter 17. This sign shall be maintained in a readable
condition until completion of construction.
(h) Site cleanliness. Contractor shall have the entire construction site cleaned
by Friday of each week. Cleaning for purposes of this section means,
without limitation, removal and placement into a dumpster of scrap lumber,
concrete remnants and roof the from the project site. The project site shall
~• be free of all loose debris such as cans, metal, plastic and paper.
(i) Temporary trailer. When a temporary trailer is proposed and a
construction fence is required, it shall be located on the project site within
the fence at the location shown on the construction site management plan.
(j) Chemical toilets. Chemical toilets shall be located inside the project fence
and accessible for servicing. Where a fence is not required, the contractor
shall locate the chemical toilet facing towards the rear of the project site
and no further than 15 feet from the structure under construction except
where another location has been authorized by the building official due to
the size of the lot and ease of access to the chemical toilet.
(k) Landscaping. Damage to any landscaping on an abutting or adjacent
property as a result of the construction shall be replaced and restored at
~"" the contractors expense to its original condition. Failure to replace and
repair is a violation.
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(I) Dumpster. Construction site dumpster shall be located inside the fence.
Where a fence is not required, it shall be located on the project site. The
dumpster shall be emptied in a timely fashion so there is no overflow of
debris or litter. All dumpsters will have tarp covers or rigid covers during
windy days. Prior to a certificate of occupancy being issued, the dumpster
shall be removed from the site.
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FEBRUARY 9, 2004
(m) Limitation of certain construction activities. Pile driving and steel erection
activity shall be limited to Monday through Friday, excluding federal
holidays, during the hours between 7:00 a.m. in the morning until 4:00
p.m. in the evening. Demolition activity shall be limited to Monday through
'"~' Friday, excluding federal holidays, during scheduled work hours between
7:00 a.m. in the morning and 6:30 p.m. in the evening.
~' (n) Construction related traffic control. A contractor, owner, vehicle operator
or any persons associated with the project site who impedes or obstructs
the public right-of-way shall be in violation of this Code. Parking, loading,
unloading or any related activity on the public right-of--way is prohibited
unless consistent with section.
(o) Weather emergency. It is the responsibility of the contractor to remove
construction materials from the project site or secure construction
~„ materials at the project site commencing with issuance of a tropical storm
or hurricane warning announcement until the time set forth in Subsection
(4)
(1) Declaration. When the National Weather Service, National
Hurricane Center or appropriate weather agency declare a tropical
storm warning or a hurricane warning for any portion of Duval
County, Florida, all construction materials, including roof tiles, on all
project sites within the city shall be secured and stored onsite in a
safe manner or removed so that no material can become a safety
hazard with hurricane or tropical storm force winds.
(2) Notice. Media broadcasts or notices issued by the National
Weather Service or National Hurricane Center of a tropical storm
warning or a hurricane warning is hereby deemed notice to the
contractor. The contractor is responsible for the project site by
securing onsite or removing from the site any construction materials
or debris to protect against the effect of hurricane or tropical storm
force winds. By holding a building permit during hurricane season,
contractor shall monitor the National Weather Service and the
National Hurricane Center for weather emergencies.
(3) Materials. Materials stockpiled on top of any structure under
construction shall be handled as follows:
a. Band construction materials together and fasten them to
the top of the structure in such a manner to prevent the
material from becoming airborne during a tropical storm or
hurricane; or
b. Remove construction materials from the top of the
structure and secure them to the ground; or
AGENDA ITEM #3D
FEBRUARY 9, 2004
c. Remove construction materials from the project site; or
d. Store construction materials inside a structure if said
structure is secure from tropical or hurricane force wind
loads.
(4) Construction materials, debris or any material capable of becoming
airborne shall remain secured and stored on the project site or shall
be removed from the project site until the National Weather Service
or National Hurricane Center has removed all portions of Collier
County from those areas included in a tropical storm warning or
hurricane warning.
(p) Nuisance. A nuisance maintained on a project site is a violation of
this Code.