Item 7C'"" AGENDA ITEM #7C
FEBRUARY 23, 2004
'~ CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Amendment to Chapter 6 Buildings and Building Regulations
SUBMITTED BY: Don Ford
DATE: 02/17/04
BACKGROUND: The Building and Code Enforcement offices have received
several complaints pertaining to the control of trash, dumpster
locations, portable toilet locations, parking on construction
sites and general lack of site management. In response 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 construction sites. We have reviewed other
cities ordinances to create an 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.
With the adoption of the proposed ordinance 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:
ATTACHMENTS:
RECOMMENDATION:
REVIEWED BY CITY
MANAGER:
N/A These inspections can be completed during regular
scheduled inspections.
Proposed Ordinance.
Consider proposed ordinance and schedule for first reading.
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AGENDA ITEM #7C
FEBRUARY 23, 2004
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 orowner-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
AGENDA ITEM #7C
FEBRUARY 23, 2004
(3) Parking plan, including:
i. Location of onsite and abutting street parking area.
ii. 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;
b. 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.
c. Location of construction trailer(s), loading/unloading area and
material storage area.
d. Location of chemical toilet(s).
e. Location of dumpster.
f. 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.
g. Other activities, where special conditions are identified by the
building official.
°~" (4) 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:
a. If the requirement is unrelated to proposed development, or
b. If the impact of the proposed development is negligible in the
that submittal requirement area.
Ordinance 25-04-35
Page 3
AGENDA ITEM #7C
FEBRUARY 23, 2004
(5) Parking during development of project.
a. 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.
b. 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.
c. 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.
d. 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:
i. Compliance with the construction site management plan.
ii. The lot shall be used for parking only.
Ordinance 25-04-35
Page 4
AGENDA ITEM #7C
FEBRUARY 23, 2004
iii. There shall be no storage of materials, trailers or
construction equipment.
iv. There shall be no loading and unloading of materials or
machinery.
v. 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.
vi. 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 project site.
vii. The offsite parking shall occur no earlier than 7:00 a.m.
and no later than 6:30 p.m.. Loitering is prohibited.
viii. 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.
(6) 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.
„~„ (7) 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
AGENDA ITEM #7C
FEBRUARY 23, 2004
a. Clearing, grading or demolition. A construction fence is required
where clearing, grading, stockpiling of soil or demolition is
proposed as follows:
i. 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.
All other lots shall install a fence on the side and rear lot
lines. Fencing may be removed upon final electrical
inspection.
"""" b. 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:
i. 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;
ii. All other lots shall install a fence on the side and rear lot
'"~ lines. Fencing may be removed upon final electrical
inspection;
c. 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 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.
ii. All other lots shall install a fence on the side and rear lot
lines. Fencing may be removed upon final electrical
inspection.
Ordinance 25-04-35
Page 6
AGENDA ITEM #7C
FEBRUARY 23, 2004
d. Exception from six-foot height requirement.
i. 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.
ii. 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
~' e. 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.
f. 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.
g. 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.
(8) 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.
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AGENDA ITEM #7C
FEBRUARY 23, 2004
Ordinance 25-04-35
Page 7
(9) 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.
(10) 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.
(11) 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.
(12) 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.
(13) 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.
(14) 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 x:99- 8:00 a.m. in the
morning until 499 5:00 p.m. in the evening. Demolition activity shalt
be limited to Monday through Friday, excluding federal holidays, during
scheduled work hours between x-:99 8:00 a.m. in the morning and
5:00 p.m. in the evening.
(15) 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.
°~ AGENDA ITEM #7C
FEBRUARY 23, 2004
Ordinance 25-04-35
Page 8
Parking, loading, unloading or any related activity on the public right-
of-way is prohibited unless consistent with section.
(16) 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).
a. 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.
b. 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.
c. Materials. Materials stockpiled on top of any structure under
construction shall be handled as follows:
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
ii. Remove construction materials from the top of the structure
and secure them to the ground; or
iii. Remove construction materials from the project site; or
iv. Store construction materials inside a structure if said
structure is secure from tropical or hurricane force wind
loads.
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AGENDA ITEM #7C
FEBRUARY 23, 2004
Ordinance 25-04-35
Page 9
d. 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.
(e) Nuisance. A nuisance maintained on a project site is a violation of
this Code.
PASSED by the City Commission on first reading this day of
PASSED by the Commission on second and final reading this day of
2004.
ATTEST:
Maureen King, City Clerk
Approved as to form and correctness:
Alan Jensen, City Attorney
LEGEND: Underlining is new Ian uq ape
John Meserve, Mayor
2004.
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