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Ordinance No. 25-04-35 v • ORDINANCE NO: 25-04-35 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 6, ARTICLE 2, BUILDING CODES, TO ADD A NEW SEC. 6-18 CONSTRUCTION SITE MANAGEMENT, TO INCLUDE A CONSTRUCTION SITE MANAGEMENT PLAN NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS: Chapter 6, Article 2, is hereby amended to add a new Sec. 6-18 which shall read as follows: 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 • Chapter 22, Utilities and approval by Public Works. • Ordinance 25-04-35 Page 2 (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; (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) Approval/waivers. 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 IIIsubmittal requirement area. • Ordinance 25-04-35 Page 3 (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 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. 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 a right-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) Offsite 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. III 41) Ordinance 25-04-35 Page 4 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 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 III ,' 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. • • Ordinance 25-04-35 Page 5 (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 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 0 the yard setback line at a height no higher than three feet. • Ordinance 25-04-35 Page 6 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 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 occurprior 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 property, 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 tile from the project site. The project site shall be free of all loose debris such as cans, metal, plastic and paper. • 0 Ordinance 25-04-35 Page 7 (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. (1) Dumpster. Construction site dumpster shall be located inside the fence. • Where g 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. (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 8:00 a.m. in the morning until 490 5:00 p.m. in the evening. Demolition activity shall be limited to Monday through Friday, excluding federal holidays, during scheduled work hours between 7- 99 8:00 a.m. in the morning and 6:30 5:00 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). • Ordinance 25-04-35 Page 8 (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) '' S 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 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. • Ordinance 25-04-35 Page 9 (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. This ordinance shall become effective immediately upon its final passage and adoption. PASSED by the City Commission on first reading this A 3 " day ok9..cblataAx3.2004. PASSED by the Commission on second and final reading this g day of TY VtAc-L 2004. • ATTEST: 1 l no.._,L.cA.eiz-f - a, ali i Milli Mau een King, City C -r J•Ani el- e, Mayor Y , Approved as to form and correctness: i hd/ ‘aC_______1 /Alan Jen n, City Attorney LEGEND: Underlining is new language •