Construction Site Maintenance

Chapter 64
CONSTRUCTION SITE MAINTENANCE

[HISTORY: Adopted by Board of Trustees of the Charter Township of Northville 7-11-1991 as Ch. 36 of the Code of Ordinances. Amendments noted where applicable.]

§ 64-1. Purpose.

This chapter is for regulating, controlling, preventing, reducing and eliminating the dumping or depositing of garbage, litter, debris or waste material at construction sites or buildings under construction and areas adjacent thereto; requiring builders and/or owners to restore building sites upon completion of construction and requiring a bond to guarantee such performance; preventing, reducing and eliminating the dumping or depositing of debris, dust, sand or mud on streets; providing for the removal of the same; providing for the enforcement hereof and providing for penalties for the violation hereof; and providing for the public health, safety and general welfare of persons and property within the Township.

§ 64-2. Legislative intent.

In the development and enactment of this chapter, it is recognized that proper handling and prompt removal of litter, garbage, debris, waste material, dust, sand, mud and dirt from construction sites, buildings under construction and areas, streets, roads and highways abutting or adjacent thereto is essential to the preservation of the public health, safety and general welfare. The failure to properly handle and promptly remove said matter has severe adverse effects on the community by tending to create a nuisance; creating hazardous conditions which may result in injury to person or property; attracting vermin; causing annoyance to residents and other persons who work in or pass through the Township; and detracting from the aesthetics of the neighborhoods involved. This chapter is enacted to eliminate the aforementioned consequences, and it is also recognized that, if the prohibited acts are committed in violation of this chapter, the needs of the Township may require expeditious removal of the objectionable matter by the Township itself. To this end, a procedure is hereby established by which the Township, after due notice is given to the builder and/or owner of a construction site or building under construction, may remove the objectionable material and charge the cost of said removal to the builder and/or owner or party in interest in whose name the subject property appeared upon the last local tax assessment records.

§ 64-3. Definitions.

Certain words and phrases when utilized in the provisions of this chapter shall be defined and mean:

CONSTRUCTION MATERIAL -- Any material used for the purpose of the erection, alteration, repair, reconstruction, conversion, demolition, moving or equipping of any building or structure or the excavation, filling, grading or regulation of a lot in connection therewith.

CONSTRUCTION SITE -- A lot on which the erection, alteration, repair, reconstruction, conversion, demolition, moving or equipping of any building or structure or the excavation, filling, grading or regulation of a lot in connection therewith is taking place, has taken place or will take place.

DEBRIS -- Any accumulation of broken or detached matter, including, but not limited to, pieces of stone, brick, cement, plaster, lumber, pipe, wallboard and shingles.

GARBAGE -- Putrescible animal and vegetable matter.

LITTER -- Garbage and debris as defined herein and all other matter which, if thrown, dumped, placed, left or deposited as herein prohibited, may tend to create a danger to the public health, safety or general welfare.

PERSON -- any individual, partnership, copartnership, limited partnership, association or corporation and their lessees, trustees or receivers appointed by any court. In the instance of a legal entity, the individuals(s) who is (are) the general partners of a partnership, whether limited or not, the trustees(s) and any beneficiary having the power to appoint or constitute a trustee of a trust, the officers and directors of a corporation and any receiver thereof shall be equally liable with the legal entity for any requirements or penalties provided in this chapter. In any instance, an agent having the apparent authority to control the use or occupation of such persons having property regulated by this chapter shall be equally liable with his, her or its principal for any requirements or penalties provided in this chapter.

WASTE MATERIAL -- All putrescible and nonputrescible solid waste (except body waste), including, but not limited to, garbage, debris, uprooted vegetation and herbage, tree limbs and stumps and any other matter which, if thrown, dumped, placed, left or deposited as herein prohibited, may tend to create a danger to the public health, safety or general welfare.

§ 64-4. Mandatory action.

Any person who owns, controls or is in possession of a construction site or building under construction shall:

A. Provide a receptacle or receptacles at each construction site and building under construction, which shall be of sufficient size and dimensions to adequately contain all litter, garbage, debris and/or waste material as may be found at the construction site or building under construction.

B. Place all litter, garbage, debris and/or waste material within said receptacle or receptacles.

C. Place and maintain all construction materials within the confines of the lot lines of the construction site or building under construction.

D. Sweep all streets, roads or highways adjacent to or abutting the construction site or building under construction at least once per week or more frequently should any litter be found dumped, deposited, placed or thrown on said streets, roads or highways.

§ 64-5. Prohibited actions.

No person who owns, controls or is in possession of a construction site or building under construction shall:

A. Dump, deposit, place, throw, leave, bury or cause or permit the dumping, depositing, placing, throwing, leaving or burying of litter, garbage, debris or waste material at any construction site or building under construction.

B. Transfer litter, garbage, debris or waste material from one construction site or building under construction to another.

C. Dump, deposit, place, throw, leave or cause or permit the dumping, depositing, placing, throwing or leaving of dust, sand, mud, dirt, litter, garbage, debris or waste material on any street, road or highway adjacent to or abutting any construction site or building under construction.

D. Place on any street, road, highway or right-or-way adjacent to or abutting any construction site or building under construction any form of construction materials.

E. Fail to remove all litter, garbage, debris or waste material from a construction site, building under construction or area adjacent thereto within 48 hours after notice to remove the same is effectuated pursuant to § 64-6 herein.

F. Fail to remove all dust, sand, mud, dirt, litter, garbage, debris or waste material from any street, road or highway adjacent to or abutting a construction site, building under construction or area adjacent thereto within 48 hours after notice to remove the same is given pursuant to § 64-6 herein.

§ 64-6. Notice to remove.

The Township Building Official or his designated representative is hereby authorized and empowered to notify the builder and owner of a construction site or building under construction to remove all litter, garbage, rubbish, debris or waste material from the construction site and to remove all dust, sand, mud, dirt, litter, garbage, debris or waste material from any street, road or highway adjacent to or abutting the construction site or building under construction. Said notice shall be given by first class mail addressed to said a builder and owner at their last known address or by any other means reasonable calculated to give notice to the builder and owner. Said notice is deemed effectuated on the second regular day for delivery of mail after the day the notice to remove is placed in the mail.

§ 64-7. Removal by Township; emergencies.

A. If a builder or owner of a construction site or building under construction notified pursuant to § 64-6 herein shall fail, neglect or refuse to remove any litter, garbage, debris, waste material, dust, sand, mud or dirt from a construction site, building under construction or area adjacent thereto or from any street, road or highway adjacent to or abutting the construction site or building under construction within five days after the effective date of written notice as provided in § 64-6, the Township Building Official or his designated representative is hereby authorized and empowered and may in his discretion remove such matter or order its removal service with an independent contractor.

B. In case of an emergency presenting an imminent risk to life, health or safety, the Township may immediately take any of the aforementioned measures or other necessary measures to protect life, health or safety, and the Township shall provide notice to the builder and owner of the cost of the action taken, which costs shall be reimbursed to the Township by the builder and owner and become a lien against the property in accordance with § 64-8. Such notice shall be provided in the manner provided in § 64-6, within five days after the completion of the action taken by the Township.

§ 64-8. Cost of removal.

Any costs incurred in the removal of litter, garbage, debris, waste material, dust, sand, mud or dirt by the Township as provided for in § 64-7 shall immediately become a lien against the real property involved and shall be reported by the Township Building Official or his designated representative to the Township Supervisor, who shall assess the cost against the property. The owner or party in interest in whose name the property appeared upon the last local tax assessment records shall be notified of the amount of all such costs by first-class mail at the address shown on such tax records. If such person fails to pay the same within 30 days after mailing of the notice of the amount due, the Township Supervisor shall add the same to the next tax roll of the Township, which shall then be collected in the same manner in all respects as provided by law for the collections of taxes.

§ 64-9. Site restoration.

Any applicant for a building permit shall, in the discretion of the Township Building Official, be requested to deposit with his application a site maintenance and restoration bond, being a cash bond in an amount to be determined by the Township Building Official sufficient to guarantee the following:

A. The establishment or reestablishment of ditches and culverts to properly drain the building area and the reopening or reestablishment of any drainageways that may have been interrupted by the building operation.

B. The repair, replacement and reconstruction of any public road surfaces damaged in the course of construction so that the same shall be in comparable status as they existed prior to the commencement of building operations.

C. The repair of all public utility structures damaged during the course of construction and the restoration and adjustment of all manholes, catch basins, grate wells, hydrants and shut-off boxes to the same conditions that they were in prior to the commencement of building operations.

D. The full and complete compliance with all of the provisions of § 64-4 of this chapter and other chapters of the Township Code.

§ 64-10. Forfeiture of bond.

If any person shall fail to perform the provisions of § 64-9 during the life of his building permit or any extension thereof or within 30 days after written notice is given to said person to correct or fulfill unperformed provisions, the applicable site maintenance and restoration bond shall be forfeited and deposited in the general fund of the Township. The funds so deposited shall be returned by the Township Treasurer to the applicant if, after final inspection, a determination is made by the Township Building Official or his designated representative that all of the provisions of § 64-9 have been properly performed. The site maintenance and restoration bond funds may be returned by sending the same by first-class mail to the applicant at the address set forth of said application. In the event that said mailing is returned undelivered, all such funds shall be held by the Township and returned to the applicant on demand. If no such demand is made within one year after the issuance of the certificate of occupancy, any such funds so held shall be forever forfeited.

§ 64-11. Presumption.

In a proceeding for a violation of §§ 64-4 and 64-5, proof that a building permit was issued to a person for the subject construction site or building under construction shall constitute in evidence a presumption that the building permit holder owns or controls that construction site or building under construction.

§ 64-12. Penalties.

Any person who shall violate any of the provisions of this chapter shall be responsible for a municipal civil infraction, subject to the following penalties:

A. The following civil fines shall apply in the event of a determination of responsibility for a municipal civil infraction, unless a different fine is specified in connection with a particular section:

(1) First offense. The civil fine for a first offense violation shall be in the amount of not less than $150, plus costs and other sanctions, for each offense.

(2) Repeat offense. The civil fine for any offense which is a repeat offense shall be in an amount of not less than $300, plus costs and other sanctions for each offense.

B. In addition to ordering the defendant determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the Judge or Magistrate shall be authorized to issue any judgment, writ or order necessary to enforce, or enjoin violation of the chapter.

C. Continuing offense. Each act of violation, and on each day upon which any such violation shall occur, shall constitute a separate offense.

D. Remedies not exclusive. In addition to any remedies provided for by the Code of the Charter Township of Northville, any equitable or other remedies available may be sought.

E. The Judge or Magistrate shall be authorized to impose costs, damages and expenses as provided by the law.

F. A municipal civil infraction shall not be a lesser included offense of a criminal offense or of an ordinance violation which is not a civil infraction.

Chapter 381,
CONSTRUCTION SITE MAINTENANCE AND EROSION CONTROL

[HISTORY: Adopted by the Village Board of the Village of Pleasant Prairie 7-8-1991 (Ch. 28 of the 1988 Code). Amendments noted where applicable.]

§ 381-1.  Authority.

This chapter is adopted under the authority granted by § 62.234, Wis. Stats.

§ 381-2.  Findings and purpose.

A. Findings. The Village Board of Trustees finds that construction debris and runoff from construction sites carry a significant amount of sediment and other pollutants to the waters and public road rights-of-way of this state, county and Village.

B. Purpose. It is the purpose of this chapter to preserve natural resources; to protect the quality of the waters of the state, county and the Village; to limit the amount of mud tracking onto the state, county, and Village road rights-of-way; and to protect and promote the health, safety and welfare of the people to the extent practicable by minimizing the amount of sediment and other pollutants carried by runoff or discharged from construction sites to lakes, streams, shorelands, wetlands, or floodplains.

§ 381-3.  Intent.

The intent of this chapter is to require erosion control practices that will reduce the amount of sediment and other pollutants leaving construction sites during land development or land disturbance activities. This chapter applies to all land disturbing construction activities.

§ 381-4.  Applicability.

This chapter applies to land disturbing and land developing activities on properties within the boundaries and jurisdiction of the Village and, optionally, the public and private lands subject to extraterritorial review under Ch. 236, Wis. Stats. All Wisconsin Department of Transportation (DOT) funded construction is exempt from this chapter. All Wisconsin DOT funded or conducted construction activities must meet the requirements contained in the Wisconsin DOT State Plan for the Control of Construction Erosion and Stormwater Runoff, as amended from time to time, which contains similar requirements as contained in this chapter.

§ 381-5.  Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AGRICULTURAL LAND USE  -- The use of the land for planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or yarding of livestock.

COMMERCIAL LAND USE  -- The use of the land for retail or wholesale sale of goods or services.

CONSTRUCTION SITE CONTROL MEASURE  -- A control measure used to meet the requirements of § 381-8B.

CONTROL MEASURE  -- A practice or combination of practices to control erosion and attendant pollution.

CONTROL PLAN or EROSION CONTROL PLAN  -- A written description of the number, location, sizes, and other pertinent information of control measures designed to meet the requirements of this chapter submitted by the applicant for review and approval by the Village.

DOWNSPOUT EXTENDER  -- A temporary tube, trough or pipe to convey water from a building's downspouts to a vegetatively stable or paved area.

DRAINAGEWAY or CHANNEL  -- A river or stream bed utilized for the passage of water, sediment or other materials from one area to another.

EROSION  -- The detachment and movement of soil, sediment or rock fragments by water, wind, ice, or gravity.

FILTER FABRIC OR SILT FENCE  -- A temporary sediment barrier used in areas of concentrated flow consisting of a filter fabric stretched across and attached to supporting posts and a wire fence which is entrenched.

LAND DEVELOPING ACTIVITY  -- The construction of buildings, roads, parking lots, paved storage areas, or other similar facilities.

LAND DISTURBING CONSTRUCTION ACTIVITY  -- Any man-made change of the land surface, including removing vegetative cover, excavating, filling and grading but not including agricultural land uses such as planting, growing, cultivating and harvesting of crops; growing and tending of gardens; harvesting of trees; and landscaping modifications.

LANDOWNER  -- Any person holding title to or having interest in land.

LAND USER  -- Any person operating, leasing, renting, or having made other arrangements with the landowner by which the landowner authorizes use of his or her land.

MULCHING  -- A soil surface application of plant residues or other suitable materials used to reduce erosion, foster the establishment of temporary vegetative cover, or foster the establishment of a permanent vegetative cover.

RUNOFF  -- The rainfall, snow melt, or irrigation of water flowing over the ground surface.

SEDIMENT BASIN  -- A temporary depression area or basin deigned and constructed to control sedimentation.

SEDIMENT TRAP  -- A small, temporary depression area or basin designed and constructed to control sediment.

SEEDING  -- The planting of vegetative cover, such as grasses or legumes, over disturbed areas as a method of stabilization.

SET OF ONE-YEAR DESIGN STORMS  -- The following rain intensities and rain volumes or corresponding values specific to the community for the storm durations of 0.5, one, two, three, six, 12 and 24 hours that occur approximately once per year. The following are typical characteristics of these one-year storms:

SITE  -- The entire area included in the legal description of the land on which the land disturbing or land developing activity is proposed in the permit application.

SODDING  -- The placement of permanent vegetative cover over disturbed areas as a method of permanent stabilization.

STRAW BALE  -- A temporary sediment barrier used in areas of concentrated flow consisting of a row of entrenched and anchored (staked) hay or straw bales.

§ 381-6.  Design criteria for control measures.

All control measures required to comply with this chapter shall meet the design criteria, standards and specifications for the control measures based on accepted design criteria, standards and specifications identified in the Wisconsin Construction Site Best Management Practice Handbook.

§ 381-7.  Maintenance of erosion control measures.

All filter fences, hay bales, sedimentation basins and other control measures necessary to meet the requirements of this chapter shall be maintained by the applicant or subsequent landowner during the entire period of the land disturbance and land development of the site in a satisfactory manner to ensure adequate performance and to prevent nuisance conditions. These erosion control measures shall be removed by the applicant or subsequent landowner upon stabilization of the area.

§ 381-8.  Erosion control requirements.

A. Applicability.

(1) This section applies to the following sites of land development or land disturbing activities:

(a) Those sites requiring a subdivision plat approval, large lot subdivision plat approval, or condominium plat approval involving the construction or addition of houses, duplexes, condominiums, townhouses, or apartments or construction or addition to commercial, industrial, or institutional buildings.

(b) Those sites requiring certified survey map approval involving the construction or addition of houses, duplexes, condominiums, townhouses, or apartments or the construction or addition to commercial, industrial, or institutional buildings.

(c) Those sites on existing lots of record involving the construction or addition of houses, duplexes, condominiums, townhouses, or apartments or the construction or addition to commercial, industrial, or institutional buildings.

(d) Those sites involving grading, removing of protective ground cover or vegetation, excavating, landfilling or other land disturbing activity affecting a surface area of 4,000 square feet or more.

(e) Those sites involving excavating or filling or a combination of excavating and filling affecting 400 cubic yards or more of dirt, sand or other excavation fill material.

(f) Those sites located within a shoreland jurisdiction area as defined in Chapter 420, Zoning Ordinance, of the Village Code and located on the Kenosha County large-scale topographic maps or located adjacent to a wetland as delineated on the Wisconsin Department of Natural Resources Final Wetland Maps dated June 1985 and as amended.

(g) Those sites involving street, highway, road or bridge construction, enlargement, relocation or reconstruction.

(h) Those sites involving the laying, repairing, replacing or enlarging of an underground pipe, utility main or similar facility for a distance of 300 feet or more.

(2) Utility companies responsible for emergency repair work should enter into a memorandum of agreement with the Village clearly stating their responsibility and whether their activities may be included under any of the above applicability criteria.

B. Erosion and other pollution control requirements. The following requirements shall be met on all sites described in Subsection A(1)(a) through (h):

(1) Site dewatering. Water pumped from the site may be required by the Village to be treated by temporary sedimentation basins or other appropriate control measures identified in the Wisconsin Department of Natural Resources "Wisconsin Construction Site Best Management Practices Handbook," as may be amended from time to time. Water may not be discharged in a manner that causes erosion of the site, adjacent land or receiving channels.

(2) Waste and material disposal.

(a) All waste and unused building materials, such as but not limited to garbage, debris, cleaning wastes, wastewater, oil, toxic materials, or hazardous materials, shall be properly disposed of and are not allowed to be carried by runoff into a receiving channel or storm sewer system.

(b) Garbage dumpsters shall be located on the construction site by the contractor throughout the construction project for the disposal of unwanted building materials and debris.

(3) Tracking. Each site shall have graveled or paved roads, graveled or paved access driveways, and graveled or paved parking areas of sufficient width and length installed prior to any excavation or topsoil stripping on the site in order to prevent sediment from being tracked onto public and private roadways.

(a) Any sediment or mud tracking reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each working day.

(b) Graveled access driveways shall consist of single access driveway using a two- to three-inch stone aggregate. The driveway shall have gravel six inches deep and a minimum of 10 feet in width. The graveled driveways shall be a minimum of 50 feet in length or the distance from the road to the construction site, whichever is less. All gravel driveways shall be maintained by the builder or contractor throughout the construction project.

(c) Each site shall provide sufficient parking areas on site for all construction trailers, construction equipment, and construction-related building materials. No construction-related trailers, equipment, or building materials shall be located on the public rights-of-way overnight.

(d) All trailer unloading and loading of construction equipment shall be conducted on site.

(4) Downspout extenders. All residential buildings shall have downspout extenders installed to prevent erosion from roof runoff.

(5) Sump pump directed. All residential sump pumps shall be directed alongside property lines to the ditch line or drainage swale. Sump pumps shall not be directed onto the adjacent properties.

(6) Vegetation preservation. Whenever possible, existing trees, shrubbery and grasses shall be preserved on the construction site to prevent erosion.

(a) In those locations where the site has been disturbed, revegetation shall take place immediately upon completion of the construction. Revegetation involves seeding, sodding or mulching of bare soil as soon as possible.

(b) If construction is completed after September 15 of any given year, seeding or sodding may be delayed to the following year. Applying mulch or temporary seed, such as rye or winter wheat, is recommended if weather permits. Straw bales or filter fences must be maintained until final seeding or sodding is completed in the spring or no later than June 1 of the following year.

(7) Storm drain inlet and catch basin protection. All storm drain inlets and catch basins shall be protected with straw bales, filter fabric, or equivalent barrier meeting the accepted design criteria, standards and specifications contained in the Wisconsin Department of Natural Resources "Wisconsin Construction Site Best Management Practices Handbook," as may be amended from time to time.

(8) Site erosion control. The following criteria, Subsection B(8)(a) through (e), apply only to land development or land disturbing activities that result in runoff leaving the site.

(a) Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described below in Subsection B(8)(c). Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas unless shown to have resilient runoff velocities of less than 0.5 foot per second across the disturbed area for the ten-year, twenty-four-hour storm event. Diverted runoff shall be conveyed in such a manner that will not erode the conveyance and receiving channels. For allowable velocities in different types of channels, the United States Geological Society Soil Conservation Service guidelines shall be followed.

(b) All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time.

(c) Runoff from the entire disturbed area on the site shall be controlled by meeting either Subsection B(8)(c)[1] and [2] or [1] and [3] below.

[1] All disturbed ground left inactive for seven or more days shall be stabilized by temporary or permanent seeding; temporary or permanent seeding and mulching; sodding; covering with tarps; or equivalent control measures. Seeding without mulch may be allowed if the seeding is started and completed between May 1 and September 15 of any given year. If temporary seeding is used, a permanent cover shall also be required as part of the final site stabilization. Seeding or sodding shall be conducted as specified in the Wisconsin Department of Natural Resources "Wisconsin Construction Site Best Management Practice Handbook," as may be amended from time to time, or by the Village's Building Inspector or Zoning Administrator. Variances from the requirements of this subsection may be granted by the Village Zoning Board of Appeals upon application, but only if the failure to comply is due to acts of God, such as extended periods of rain, or other construction delays beyond the control of the responsible party.

[2] For sites with 10 or more acres disturbed at one time, or if a channel originates in the disturbed area, one or more sedimentation basins shall be constructed. Each sedimentation basin shall be designed and constructed as specified in the Wisconsin Department of Natural Resources "Wisconsin Construction Site Best Management Practice Handbook," as may be amended from time to time.

[3] For sites with less than 10 acres disturbed at one time, filter fences, straw bales, or equivalent control measures shall be placed along all side slope and downslope sides of the site. If a channel or area of concentrated runoff passes through the site, filter fences shall be placed along the channel edges to reduce the amount of sediment reaching the channel.

(d) Runoff from sites on slopes of 12% or more may require additional or different controls than listed in Subsection B(8)(c). Requirements for such slopes shall be as recommended by the Building Inspector or Zoning Administrator or as specified by the Village Board.

(e) Any soil or dirt storage piles containing more than 10 cubic yards of material should not be located with a downslope drainage length of less than 25 feet to a roadway or drainage channel. Straw bales or filter fence barriers shall be placed immediately on the downslope side of the piles.

[1] If the storage piles are remaining for more than 30 days, they shall be stabilized by mulching, vegetative cover, tarps or other means.

[2] In street utility repair or construction projects, soil or dirt storage piles located closer than 25 feet to a roadway or drainage channel must be covered with tarps or secured by a suitable alternative control if exposed for more than seven days, and the storm drain inlets must be protected with straw bales or other appropriate filtering barriers. If any soil or dirt storage piles described in this subsection are in existence for more than six months, the filter fabric or straw bales shall be replaced upon the order of the Village Building Inspector or Zoning Administrator.

(f) Any soil or dirt pile shall be removed upon the completion of the project.

§ 381-9.  Permit required; erosion control plan.  [Amended 12-16-1996]

No landowner or land users may commence a land disturbance or land development activity as defined in this chapter without first submitting a site maintenance and erosion control permit application and an erosion control plan for review, submitting the application review fee and receiving an erosion control permit from the Village. By submitting an application, the applicant is authorizing the Village staff to enter onto the site to obtain information required for the review and inspection of the erosion control and site maintenance measures.

A. Content of the construction site maintenance and erosion control plan for land disturbing and land development activities covering one or more acres, including mass grading:

(1) Site plan of existing conditions. A map of the existing site conditions at a scale of at least one inch equals 100 feet showing the site and immediate adjacent areas, including but not limited to:

(a) Property site boundaries and adjacent lands which accurately identify the site location;

(b) Property owner's and contractor's name, address and telephone number;

(c) A graphic scale and North arrow;

(d) Road right-of-way lines and road names;

(e) Location of lakes, streams, wetlands, shorelands, channels, ditches and other watercourses on an immediately adjacent to the site.

(f) Location of the one-hundred-year floodplains, flood-fringes and floodways, where applicable;

(g) Identification of predominant soil types;

(h) General location of vegetative cover proposed to remain and not disturbed;

(i) Location and dimensions of stormwater drainage systems and/or direction of natural drainage patterns on and immediately adjacent to the site;

(j) Locations and dimensions of utilities, structures, roads, highways and paving;

(k) Site topography, based upon actual field conditions, at contour intervals not to exceed two feet.

(l) Locations and dimensions of all temporary soil or dirt piles;

(m) Locations and dimensions of all construction site control measures, such as silt filter fences, hay bales or sedimentation basins, necessary to meet the requirements of this chapter;

(n) Location of construction entrances [graveled driveway(s)];

(o) Location of on-site parking area for construction vehicles, such as graveled and paved parking area;

(p) Location of garbage dumpster(s);

(q) Adjacent property driveways and road openings; and

(r) For the commercial, manufacturing, industrial, multifamily or institutional uses, the roof drain system shall be interconnected directly to the underground storm sewer system in the parking lot, and the plan shall identify the locations of the underground storm sewer system and where the downspouts are connected directly to an underground storm sewer system.

B. Content of the construction site maintenance and erosion control plan for land disturbing and land developing activities covering less than one acre or individual single-family home site or two-family home site (see Village standard).

(1) Site plan of existing conditions. A map, drawn by the Wisconsin registered land surveyor or a Wisconsin professional engineer, of the existing site conditions at a scale of at least one inch equals 30 feet showing the site and immediate adjacent areas, including but not limited to:

(a) Property site boundaries and adjacent lands which accurately identify the site location;

(b) Property owner's and contractor's name, address and telephone number;

(c) A graphic scale and North arrow;

(d) Existing and proposed road right-of-way lines and road names on site and adjacent to the site;

(e) Location of lakes, streams, wetlands, shorelands, channels, ditches and other watercourses on and immediately adjacent to the site;

(f) Location of the one-hundred-year floodplains, flood-fringes and floodways, where applicable;

(g) General location of vegetative cover proposed to remain and not disturbed;

(h) Location and dimensions of stormwater drainage systems and/or direction of natural drainage patterns on and immediately adjacent to the site;

(i) Locations and dimensions of utilities, structures, roads, highways and paving;

(j) Existing and proposed elevations at the property corners and at all corners of the proposed structure(s), and bench mark elevation;

(k) Existing and proposed elevations every 25 feet along each property line; the location of each point shall be dimensioned along the property line;

(l) Existing and proposed elevation of the high point(s) and direction of the drainage with spot elevations at a minimum of 50 feet apart along the proposed drainage routes; these points shall be dimensioned as measured from the property lines;

(m) Locations and dimensions of all temporary soil or dirt piles;

(n) Locations and dimensions of all construction site control measures, such as silt filter fences, hay bales or sedimentation basins, necessary to meet the requirements of this chapter;

(o) Location of construction entrances (graveled driveway);

(p) Location of on-site parking area for construction vehicles (graveled and paved parking area); and

(q) Location of garbage dumpster.

C. Review of control plan and permit application. If the Village Building Inspector or Zoning Administrator determines that the application or the plan is lacking the necessary information or is not in compliance with this chapter, the applicant shall be notified of the inadequacy as soon as practical after review. Within 14 days of the receipt of the application, the Village should review the application and the erosion control plan to determine whether the requirements of this chapter are met.

(1) If the application materials comply with this chapter, the Village staff shall approve the plan, inform the applicant and issue the erosion control permit.

(2) If the application materials are incomplete or do not comply with this chapter, the Village shall inform the applicant that further information is required. Upon receipt of the additional information, the Village shall again determine whether the plan meets the requirements of this chapter. If the plan is still not approved, the Village shall inform the applicant in writing of the reasons for the denial.

D. Permits.

(1) Duration. Permits shall be valid for a period of 180 days or the length of a building permit or other construction activity authorized by the Village, whichever is longer, from the date of issuance. The Village Building Inspector or Zoning Administrator may extend the period one or more times for up to an additional 180 days. The Village may require additional or replacement control measures as a condition of the extension if they are necessary to meet the requirements of this chapter.

(2) Residential applicants shall be required to sign a waiver of notice of special assessment to pay for any costs associated with Village-installed erosion control measures prior to the issuance of the permit or erosion control measures which must be undertaken by the Village to ensure compliance with the erosion control permit. (See § 381-12E of this chapter.)

(3) Permit conditions. All permits shall require the permittee to:

(a) Notify the Village's Community Development Department within 48 hours of commencing the land disturbing or land developing activity.

(b) Notify the Village's Community Development Department upon the completion of any erosion control measures within 14 days after their installation for inspection.

(c) Obtain permission in writing from the Community Development Department prior to modifying the application and plan.

(d) Install and maintain all control measures as identified in the approved erosion control plan.

(e) Maintain all road drainage systems, stormwater drainage systems, control measures and other facilities identified in the plan.

(f) Repair any areas which indicate siltation or erosion damage to adjoining surfaces and drainageways resulting from land developing or disturbing activities.

(g) Inspect the erosion control measures after each rain of 0.5 inch or more and at least once each week and make needed repairs.

(h) Keep a copy of the control plan on the project site.

E. Grading and erosion control cash deposit.

(1) Prior to the issuance of the building or erosion control permit for land disturbing or land developing activities covering less than one acre or for an individual single-family site or two-family site, the landowner shall provide a cash deposit of $1,000 to the Village in order to provide a guarantee that construction site and erosion control maintenance and grading and drainage work at the proposed site have been restored properly.

(2) Such cash payment shall be deposited by the Village Treasurer in an interest-bearing account and returned to the landowner, except for a six-percent administrative processing fee, only after the items listed below have been successfully completed and approved by the Village. All items shall be complied with except as provided for in Subsection E(3).

(a) All required culverts and all other required drainage structures or appurtenances shall meet Village specifications and approved grading and drainage plans. All such drainage culverts and structures shall be of appropriate size, gauge, cross or length, and such structures shall be properly installed at the required elevations and locations and in undamaged condition and free of any silt or other deposits.

(b) All required ditches, swales, berms, drainage easements and waterways located within the boundaries of the referenced site or within the adjacent road right-of way and area lying adjacent to the referenced site shall be graded to the proper gradients and side slopes, lie at the required elevations and locations, shall be seeded or sodded and shall be covered with healthy growing grass in accordance with Village-approved grading and drainage plans.

(c) The finished or final yard elevation and slope around the perimeter of any new structure along with the entire site area shall be final graded and finished with topsoil to the required elevations as shown on the building permit plat of survey submitted at the time of building permit issuance.

(d) All roof drainage and sump pump discharge shall be outletted to the street yard, natural drainageway or approved storm sewer system so as to not saturate, accumulate or damage the subject property or adjacent properties.

(e) Gutters and downspouts or roof leaders and downspouts shall be installed on all principal structures in order to direct water runoff away from the structures to the street yard, natural drainageway of approved storm sewer system.

(f) The site shall be cleared of all rubbish, garbage, brush, tree limbs, debris, construction material or other unused materials, and all clay or fill piles shall be removed from the site.

(g) A plat survey prepared by a Wisconsin registered land surveyor or Wisconsin professional engineer shall be submitted showing proposed elevations as approved by the Village and actual final elevations in the following locations:

[1] At the property corners and at all corners of the proposed structure(s) and bench mark elevation;

[2] Every 25 feet along each property line; these points shall be dimensioned; and

[3] At the high point(s) and direction of the drainage with spot elevations at a minimum of 50 feet apart along the proposed drainage routes; these points shall be dimensioned as measured from the property lines as illustrated in the Village standards.

(h) The entire property shall be seeded or sodded and must be covered with healthy growing grass.

(3) Exceptions to Subsection E(2) of this section. If the structure is completed between September 15 and June 1 of any given year, the site shall be rough graded to prevent runoff to adjacent properties. In addition, the lot shall be stabilized as approved by the Building Inspector, and the required erosion control measures (silt fence, gravel drive, etc.) shall remain in good repair until the site can be final graded and stabilized. However, the site and all of the required items noted in Subsection E(2) shall be completed by June 1 of the following year and prior to return of any portion of the cash deposit.

(4) At the time that the above requirements are completed and all related inspections are satisfied the deposited cash would be promptly returned within 30 days with interest, less an administrative finance processing fee of 6%.

(5) If the requirements are not completed, the Village will notify the owner to complete the required work within a reasonable time period. Upon failure to complete the work the Village is authorized to complete the work and charge the work against the deposited cash and accrued interest. If the work completed by the Village is less the deposited cash and accrued interest the remainder will be returned to the landowner. Additional costs to complete the work will be assessed to the property at the end of the year and placed on the tax assessment roll.

F. Street sweeping payment. At the time a preliminary grading, mass grading or erosion control permit is issued to any project, other than individual permits for single-family and two-family dwellings, the landowner shall submit a street sweeping payment to guarantee to the Village that the conditions of the erosion control permit and this chapter are being followed as they relate to maintaining the public right-of-way and storm sewer system. The cash payment shall be used if the Village determines that the landowner or his contractors have not kept the rights-of-way clean from mud tracking or if there is damage to stormwater drainage improvements. If the cash is depleted prior to the project being completed, the owner shall post another cash payment in the same amount. The cash payment or any portion, less a six-percent administrative processing fee, will be refunded within 30 days of completion of the project.

G. Road opening/work in the right-of-way permit.

(1) The landowner or his contractor who is requesting to perform any of the following work within the Village right-of-way shall first obtain a permit from the Village of Pleasant Prairie:

(a) Road openings for the installation of sanitary sewer and water laterals;

(b) Vertical curb cuts, removed to the nearest joint in an industrial, commercial or multifamily area;

(c) Grading or land disturbance within the Village right-of-way, except for the installation of a driveway for a single-family or two-family dwelling (note that the Village sets and installs all culverts and the property owner is billed for time and materials);

(d) Planting within the Village right-of way;

(e) Temporary site access; or

(f) Any other work that may be proposed within the Village right-of-way.

(2) No landowner or contractor shall be permitted to cut any mountable curb in the residential subdivisions.

(3) The landowner or his contractor shall submit the completed application, a street opening plan and cross section of the proposed work and any additional information required by the Village.

(4) Upon the Village receipt of all the required information, the information will be reviewed by the Community Development Department, the Public Works Department and the Utility Department.

(5) Upon approval of the permit, the applicant shall be issued a written permit with any applicable conditions. The permit shall be issued and the required fee shall be paid to the Village.

(6) Upon completion of the work, an inspection shall be scheduled with the Village to verify compliance with any and all conditions.

H. Fees.

(1) The landowner or land user shall pay the following fees to the Village at the time a proposed erosion control pan is filed and an application is submitted to assist in defraying the cost of review and evaluation:

(a) Erosion control plan review fee for filling or land disturbance on residential lots, including multifamily lots/buildings, at the time a principal structure is proposed: $100 per lot or building.

(b) Other erosion control plan review fee for filling or land disturbance on existing residential lots, including multifamily lots/buildings: $40 per lot or building.

(c) Erosion control plan review fee for certified survey maps (note: individual erosion control permits are still required for each lot/unit/building): $75 per each certified survey map. Required only if creating two or more new lots.

(d) Mass grading erosion control review fee for new subdivisions, multifamily, commercial, industrial, institutional, or recreational, or other mass grading of a site (note: individual erosion control permits are still required for each lot/unit/building): $150 per site plus $5 per 1,000 square feet of disturbed site area, with a maximum of $2,000.

(e) Road opening work in the right-of-way permit: $150, except that a bulk work in the right-of-way permit may be obtained for utilities such as gas, electric and telephone for short extensions under 300 feet, individual residential services, for $150 per year and $30 for each job. However, said utilities shall pay a permit fee of $150 for any proposed open cutting of the road or for establishing service for a new subdivision or commercial project. [Amended 1-6-2003 by Ord. No. 03-01]

(2) At the time a mass grading erosion control permit is issued, the landowner shall submit a street sweeping payment of $2,000 to guarantee to the Village that the conditions of the permit and this chapter are followed. The cash payment shall be used if the Village is required to clean the street or repair and/or replace any required erosion control measures for the mass grading work. If the cash payment is depleted prior to the project being completed the owner shall post another cash payment in the same amount. The cash payment or any portion, less a six-percent administrative finance processing fee, will be refunded upon completion of the project.

(3) Prior to a building or erosion control permit being issued, the landowner shall provide a cash deposit of $1,000 to the Village in order to provide a guarantee for construction site and erosion control maintenance and grading and drainage work at the proposed site. Such cash deposit would be deposited in an interest-bearing account and returned to the landowner only after compliance with all items in Subsection E(2), with the exception of a six-percent administrative finance processing fee. All items shall be complied with except as listed in Subsection E(3).

§ 381-10.  Waiver of erosion control requirements.

A. The Village Zoning Administrator shall have the authority, on a case-by-case basis, to waive the requirement of the erosion control plan and/or installation of the erosion control measures for small sites for land disturbing and land developing activities covering less than one acre or individual single-family home sites in a previously platted subdivision or land division, if the construction debris and runoff from the construction activity or land disturbance are not anticipated, due to the topography of the land, to carry a significant amount of sediment or other pollutants to waters or public road rights-of-way of this state, county, or Village.

B. The waiving of the erosion control plan and/or installation of the erosion control measures does not invalidate any other requirements set forth in this chapter.

§ 381-11.  Inspections.

A. The Village Building Inspector shall inspect construction sites at least once a month during the period of March 1 to October 31 and at least two times during the period of November 1 to February 28 (29) during any given year to ensure compliance with the control plan.

B. If land disturbing or land developing activities are being conducted without a permit, the Village Building Inspector shall enter the land pursuant to the provisions of § 66.0119, Wis. Stats.

§ 381-12.  Enforcement; violations and penalties.

A. Stop-work order. The Village Building Inspector or Zoning Administrator may post a stop-work order if:

(1) Any land disturbing activity or land developing activity regulated under this chapter is being undertaken without a permit;

(2) The erosion control plan is not being implemented in a good faith manner; or

(3) The conditions of the permit are not being met.

B. Permit revocation. If the permittee does not cease the activity or comply with the erosion control plan or permit conditions within 10 days, the Village Building Inspector or Zoning Administrator may revoke the permit.

C. Cease and desist order. If the landowner or land user, where no permit has been issued, does not cease the activity within 10 days, the Village Building Inspector or Zoning Administrator may request the Village Attorney to obtain a cease and desist order.

D. Stop-work order retraction. The Village Building Inspector, Zoning Administrator or the Village Zoning Board of Appeals may retract the stop-work order or the revocation.

E. Notice of intent. Ten days after posting a stop-work order, the Village Building Inspector or Zoning Administrator may issue a notice of intent to the permittee or landowner or land user of the Village's intent to perform work necessary to comply with this chapter. The Village may go on the land and commence the work after 14 days from issuing the notice of intent. The costs of the work performed by the Village, plus interest at the rate authorized by the Village Board, shall be billed to the permittee or the landowner. In the event a permittee or landowner fails to pay the amount due, the Village Treasurer shall enter the amount due on the tax rolls and collect a special charge against the property pursuant to § 66.0703, Wis. Stats.

F. Forfeitures. Any person violating any of the provisions of this chapter shall be subject to a forfeiture of not less than $5 nor more than $500 and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.

G. Other provisions of enforcement. Compliance with the provisions of this chapter may also be enforced by injunction, uniform citation procedure or other appropriate and available remedy.

§ 381-13.  Appeals and variances.

A. Village Zoning Board of Appeals. The Zoning Board of Appeals created pursuant to Chapter 18, Article V of the Village Code and pursuant to § 62.23(7)(e), Wis. Stats.:

(1) Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Village Building Inspector, Zoning Administrator or Village Board in administering this chapter;

(2) May authorize variances from the provisions of this chapter which are not contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship; and

(3) Shall use the rules, procedures, duties and powers authorized by Wisconsin Statutes in hearing and deciding appeals and authorizing variances.

B. Who may appeal. Appeals to the Zoning Board of Appeals may be taken by any aggrieved person or by any officer, department, board or commission of the Village affected by any decision of the Building Inspector or Zoning Administrator.

Chapter 202,
CONSTRUCTION SITES

[HISTORY: Adopted by the North Wildwood City Council 3-1-2005 by Ord. No. 1465. Amendments noted where applicable.]

§ 202-1.  Word uses and definitions.

For the purpose of this chapter, certain phrases and words are herein described as follows: words used in the present tense include the future; words used in the singular number include the plural number and vice versa; words used to include the male gender include the female gender and vice versa; the word "used" shall also include "arranged," "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be leased"; the words "real property" include the words "lot," "plot" and "premises"; the word "building" includes the word "structure," "dwelling" or "residence"; the word "shall" is mandatory and not discretionary. Any word or item not defined herein shall be used with a meaning as defined in Webster's New International Dictionary of the English Language, unabridged and latest edition.

CONSTRUCTION SITE  -- Any real property upon which any person proposes to or does engage in the construction, reconstruction or demolition (wholly or partially) of any building, structure or other improvement located upon said real property.

TRAILER  -- As defined by N.J.S.A. 39:1-1.

§ 202-2.  Demolition.

Except in emergent situations as determined by the Fire Official or any Code Enforcement Officer employed by the City of North Wildwood, no person shall be permitted to engage in the demolition of any portion of any building, structure or other improvement located upon a construction site between June 15 and September 8, inclusive.

§ 202-3.  Pile driving.

Pile driving on construction sites shall be prohibited between June 15 and September 8, inclusive. Nothing in this section shall be deemed to prohibit pile driving in connection with the construction of a bulkhead.

§ 202-4.  Hours of operation.

During those times when construction and demolition activities are permitted upon construction sites, the hours of operation thereon shall be governed by § 308-2E of the Code of the City of North Wildwood.

§ 202-5.  Property maintenance standards.

With regard to vegetative growth, debris and trash, all construction sites shall be maintained in accordance with the standards established by the International Property Maintenance Code as incorporated into the Code of the City of North Wildwood by § 228-1 thereof.

§ 202-6.  Construction site plans.

Construction site plans identifying the proposed location upon a construction site of all dumpsters, debris containers, construction trailers, construction fences, silt fences, containment fences and portable toilets and including the emergency telephone contact numbers of all contractors proposing to do any work upon the construction site shall be submitted to the Zoning Officer concurrently with application for construction or demolition permits pertaining to the construction site.

§ 202-7.  Dumpsters and debris containers.

A. Dumpsters and debris containers required upon construction sites. All construction sites upon which construction or demolition activities thereon will generate any debris or solid waste shall be equipped with adequate and suitable receptacles, containers or dumpsters for the deposit of such debris or solid waste. All debris or solid waste generated by construction or demolition activities upon construction sites shall be deposited into the required receptacles, containers or dumpsters and shall not be allowed to accumulate upon the construction site.

B. Covers required. All debris receptacles, containers or dumpsters located upon construction sites or adjacent thereto shall be equipped with a cover of sufficient size so as to cover the entire container, receptacle or dumpster and attached in such a way so as to prevent it from blowing off due to wind or other elements. Debris containers, receptacles and dumpsters shall be covered between the hours of 6:00 p.m. and 8:00 a.m. and during such periods of time when no representative or agent of the construction permittee or demolition permittee, as the case may be, is present upon the construction site so as to prevent any construction debris or other refuse from escaping and becoming scattered throughout the construction site or the general neighborhood.

C. Containers to be emptied periodically. Debris containers, receptacles or dumpsters located upon construction sites shall be emptied at periodic intervals so as to prevent overloading, the escape of materials contained therein and so as to prevent obnoxious odors or nuisances of any type escaping therefrom during the period when construction or demolition activities are taking place upon the construction site.

D. Placement upon construction site. To the extent possible, debris containers, receptacles and dumpsters shall be located completely on construction sites rather than on streets, highways or public property; however, to the extent that they cannot be so located, then their placement and the permits therefor shall be governed by the provisions of Chapter 217, Dumpsters, of the Code of the City of North Wildwood.

§ 202-8.  Portable toilets.

A. When required. Any construction site requiring the disruption or disconnection of water or sewer service for a period of more than 72 hours or where water or sewer service has not yet been connected shall be equipped with at least one, but not more than two, portable toilets. In the case of construction related to an existing multiple-unit structure where water or sewer service will be disrupted for some, but not all, of the units thereon, the provisions of this subsection may be waived by the Construction Official upon presentation to the Construction Official of adequate evidence demonstrating the availability of continually operating toilet facilities accessible at all times to all persons present on the construction site.

B. Location of portable toilets. Whenever one or more portable toilets are to be placed upon a construction site, they shall be located on the construction site and not on a sidewalk, area designated for a sidewalk, street or public right-of-way and they shall be located a minimum of 15 feet from all curblines and at such locations so as to minimize adverse aesthetic conditions, and the doors thereof shall not face any street.

C. Servicing. Portable toilets located upon construction sites shall be serviced at regular intervals so as to prevent overloading, the escape of materials contained therein and so as to prevent obnoxious odors or nuisances of any type escaping therefrom.

D. Portable toilets to be locked after hours. All portable toilets located upon construction sites must be locked and secured between the hours of 6:00 p.m. and 8:00 a.m. and during such periods of time when no representative of the construction permittee or demolition permittee, as the case may be, is present at the construction site.

§ 202-9.  Material staging areas.

All construction material and demolition material staging areas for construction sites must be located on the construction site, and no material staging area or a portion thereof shall be permitted upon any street, highway or public property.

§ 202-10.  Construction fences, silt fences and containment fences.

All construction fences, silt fences and containment fences located upon construction sites shall be placed upon the construction site and not upon existing or proposed sidewalks on the construction site so as to allow access to the public right-of-way and they must be maintained in good condition during the period of construction or demolition, as the case may be. All sediment or silt from construction sites must be contained on the construction site by construction fences, silt fences and containment fences, and sediment or silt from construction sites shall not be allowed to collect on any street or highway or within the City's stormwater system.

§ 202-11.  Sidewalks.

All sidewalks located upon construction sites shall be maintained free from obstacles during construction or demolition, as the case may be. Should sidewalks located upon a construction site be damaged, they must be repaired within 120 hours. If sidewalks located upon a construction site are removed, then they must be replaced completely within 120 hours. All repairs to and replacements of sidewalks located upon construction sites shall be completed in accordance with the standards and specifications for sidewalks that are set forth in § 382-31.

§ 202-12.  Trailers.

Trailers that are used for the storage of construction or demolition tools, supplies or materials to be used in connection with construction or demolition activities upon a construction site, to the extent possible, shall be located on the construction site rather than on a street or highway. In such cases where the only practical location for such trailers is on a street or highway, then the trailer shall be located immediately in front of and adjacent to the construction site and then only during the times when the particular contractor utilizing the trailer actually is in engaged in construction or demolition activities upon the construction site.

§ 202-13.  Enforcement.

The provisions of this chapter shall be enforced by the Code Enforcement Officer employed by the City of North Wildwood or other individual authorized by law to enforce the provisions of the Code of the City of North Wildwood.

§ 202-14.  Violations and penalties.

Any violation hereunder shall be considered an offense punishable by a fine not to exceed $1,250 for each offense or imprisonment for a term not exceeding 90 days, or both. The following rules shall apply in determining responsibility for violations and penalties:

A. The owner of a construction site where a violation has been committed or does exist shall be guilty of such an offense.

B. Any contractor or person who commits, takes part in or assists in such violation shall be guilty of such offense.

C. Each day that a violation continues after written notification that exists shall constitute a separate offense.

D. In the event that the penalties established by this section are inconsistent with the penalty section of any other applicable ordinance contained within the Code of the City of North Wildwood, then the inconsistency shall be resolved in favor of the ordinance providing the more severe penalty except in those cases wherein the penalty is prescribed by state statute.

Sec. 29A-23.2. Control and maintenance of construction sites.

(a)  Permitted hours. Hours of construction shall be in accordance with Section 21-15 of the Township Code.

(b)  Dust. Property owners, operators or contractors shall take all means to control the emanation of dust from operations consisting of, but not limited to, construction, drilling, earth moving, excavating or demolition.

(c)  Solid waste. Solid waste related to construction or demolition shall be placed into suitable dumpsters, containers or other approved disposable methods on a daily basis. Dumpsters or other containers shall not be overfilled and shall be removed from the premises within 10 days of being filled to capacity. A dumpster shall be considered overfilled if there is more waste deposited into the dumpster than said dumpster was designed to hold. The construction site shall be maintained free from excessive accumulations of solid waste, debris or litter.

(d)  Grading and drainage. All construction sites shall be graded and maintained in such a way as to prevent the introduction of eroded soil onto other properties.

(e)  Weeds. Construction sites shall be maintained free of all noxious weeds and other plant growth in excess of 10 inches.

(f)  Security fences. All unsecured areas of construction sites, including excavations, shall be enclosed with a wind-resistant barrier no less than four feet high to prevent the entry of unauthorized persons.

(g)  Portable toilets. If permanent toilet facilities are not available on the premises, then a sufficient number of portable toilets shall be provided for the use of construction workers. Portable toilets shall be located and maintained in accordance with Section 33-23(i) of the Township Code. (Ord. No. 3832, 9-7-2004, § 1.)

§ 139-10. Maintenance of construction sites. [Portion of L.L. No. 5-2002]

During the development, improvement, or construction of any site for any purpose, the owner and applicant, as identified on the building permit application, shall take appropriate measures to ensure the following:

A. Dust, blowing sand, dirt, and sediment shall be controlled so as not to pose a nuisance, health, or safety risk to motorists or neighboring property owners.

B. Erosion and siltation shall be confined to the site being developed. Neighboring properties and roadways shall not be impacted by erosion, blowing sand, dirt, or siltation as a result of construction activities.

C. Construction debris/litter shall be confined on the site so as not to impact neighboring properties and roadways.

§ 135-1106. Restrictions on noise emitted from construction sites.

A. Except as provided in § 135-1104B, it shall be unlawful of any person to operate any construction device on any construction site if the operation of that device emits noise measured at the lot line of the affected property in excess of the following values:

B. The L 10 level shall be determined by making 100 observations on the A-weighted network with the sound-level meter at slow response at ten-second intervals. During any of these observations if a measurement is substantially affected by a source outside of the construction site, these measurements will not be considered. Observations will be continued until 100 valid observations have been recorded. The L 10 level will be equivalent to the 10th highest level recorded.

If the person taking measurements estimates that outside noise sources contribute greatly to the noise of the construction site, the aforementioned procedure shall be repeated when construction is inactive in order to correctly determine the L 10 level. The L 10 level during construction must be greater than the background L 10 level by at least five DBA to be considered in violation of the provisions of this regulation.

Chapter 194
CONSTRUCTION ACTIVITIES

[HISTORY: Adopted by the City Council of the City of Cape May as indicated in article histories. Amendments noted where applicable.]

ARTICLE I,
Parking of Construction Equipment 
[Adopted by Ord. No. 948-92 (Sec. 10-5 of the 1997 Revised General Ordinances)]

§ 194-1.  Definitions.  [Amended by Ord. No. 997-93]

As used in this article, the following terms shall have the meanings indicated:

CONSTRUCTION EQUIPMENT  -- Any vehicle, trailer, tool, equipment, material, supply, dumpster, container, roll-back-type container, box, can or any other item or combination of materials other than licensed vehicles.

CONSTRUCTION OFFICIAL  -- The City Construction Official or any person to whom he may delegate, in writing, the duties hereinafter described.

CONTAINER  -- Any solid waste removal container capable of holding or carrying 15 cubic yards or more of solid waste material, and which may be left at a site and picked up at a later time, the container not being self-propelled.

PARKING  -- The act or condition of putting or leaving construction equipment in a public place for longer than 15 minutes.

PUBLIC PLACE  -- Any public street or sidewalk, alley, promenade, mall, park, or any other place of public right-of-way.

REASONABLE JUDGMENT  -- A decision made in good faith, in the interest of preserving the safety and welfare of the public in general.

SOLID WASTE MATERIAL  -- Debris, demolition material, building materials, metals, bricks, glass, concrete, waste from building operations, rocks, concrete bricks, dirt, ashes, plaster or similar solid materials obtained from construction or demolition projects.

§ 194-2.  Permit required to park construction equipment in public; exception.

No person shall place, permit, allow to be placed or permitted or order the placing or parking of any construction equipment or container on any public place without first having obtained a permit to do so or unless specific written permission has been granted by resolution of City Council or by the City Manager. This article shall not apply to duly authorized personnel employed by or under contract with government or public utilities to perform construction or maintenance of public works or public utility facilities.

§ 194-3.  Application for permit.

A. Applications for permits must be submitted in writing to the Construction Official not less than five business days prior to the date on which it is desired to place the construction equipment or a container on a public place.

B. No application for parking the construction equipment or a container will be approved unless the construction equipment or container is necessary due to construction, demolition or some other undertaking requiring such parking.

C. No application will be approved unless a permit has been issued for construction or demolition work or the Construction Official is otherwise satisfied as to the need for containers.

D. Applications and renewal applications must contain:

(1) Name, address and phone number of the person requesting the permit;

(2) Name, address and phone number of the company owning the construction equipment or container;

(3) A hand-drawn diagram indicating the proposed location of the construction equipment or container;

(4) The construction or demolition permit number;

(5) The number of days the construction equipment or container is to remain at that location not to exceed a period of 30 days per permit or renewal permit.

§ 194-4.  Consideration of application; inspection; approval or rejection.

A. Upon receipt of the application, the Construction Official shall inspect, or cause to be inspected, the site where the construction equipment or container is proposed to be placed. The Construction Official shall consider:

(1) The need for such construction equipment or container;

(2) The lack of available off-public, right-of-way space in which to place the construction equipment or container;

(3) The effect the construction equipment or container will have on parking in the neighborhood and the safe and orderly flow of traffic and pedestrians;

(4) The general effect on the public health, safety and welfare.

B. The Construction Official shall either approve or deny the permit within five business days of the date the application is submitted. The Construction Official may consult other City personnel in making the determination.

C. Should the application be denied, the Construction Official shall forthwith notify the applicant in writing of such denial, stating the reason(s) the application was not approved. If the application is approved, the Construction Official will issue a written permit.

§ 194-5.  Appeal of denial.

Any applicant who has been denied a permit may appeal the decision. Such appeal must be made to the City Manager in writing within 10 days of the date of the Construction Official's denial of the permit. The decision shall be final.

§ 194-6.  Fees and escrows.

A. During the months of November, December, January, February, March and April, the fee for the initial permit shall be $35 for each regulation twenty-foot or twenty-two-foot parking space occupied, regardless of the number of days, up to the maximum of 30 days, for the initial permit. During the months of May, June, July, August, September and October, the fee for the initial permit shall be $9 per day, including weekends and holidays for each regulation twenty-foot or twenty-two-foot parking space occupied. [Amended 12-16-2003 by Ord. No. 1315-2003]

B. Renewal permits, not exceeding 30 days each, shall require an additional fee in the same amount as the initial fees.

C. The Construction Official shall have the right to require, in addition to the permit fee, the establishment of an escrow account to insure against any damage caused by or in any way connected with the use of the containers. The City Engineer shall be consulted as to the proper escrow amount.

§ 194-7.  Permit restrictions and requirements.

A. Permits issued are not transferable and are good only for the time and place indicated on the approved application and permit, unless a written renewal permit is secured from the Construction Official.

B. In the event the construction equipment or a container is removed from the site (except in the case of a container for the purpose of emptying its contents and returning it to the site) prior to the expiration date of the permit, the permit shall, at that time, automatically expire.

C. There shall be no refunds of permit fees for failure of the refuse service or other supplier to place construction equipment or a container at the site during the life of the permit. Should there be early removal of construction equipment or a container, the Construction Official must be notified in advance in order to conduct a final inspection of the premises.

D. Permits must be visible from the street at all times during the period in which a container is present, whether or not the construction equipment or container is actually in use. It is recommended that permits be affixed to the street side of the construction equipment or container.

§ 194-8.  Regulations for construction equipment and containers.

A. Construction equipment or containers shall be placed and maintained in a manner and location that minimizes the disruption of vehicular and pedestrian access and traffic.

B. Containers for solid waste materials must be of a type designed to be transported on a roll-back-type carrier truck only.

C. Containers for solid waste materials must be used at construction or demolition sites or at other exceptional sites as approved by the Construction Official. Containers may not be used by commercial business enterprises such as restaurants or retail stores for normal removal and disposal of trash.

D. Construction equipment and containers must bear the name, address, phone number of the refuse service to whom they belong along with all other information that may be required by the City Construction Official and the municipal, county, state and federal regulations.

E. Roll-back-type containers must have at least 400 square inches of reflective material visible on each side, preferably along each outside corner.

F. It shall be the responsibility of the permit holder to see that the construction equipment or container is placed at the site in the manner and location indicated in the application.

G. The Construction Official shall conduct a periodic inspection of the construction equipment or container and its location. If, after the construction equipment or container is in place, it is determined that the construction equipment or container is a hazard to traffic or to the health, safety or welfare of the area in question or of the City in general, the Construction Official may order the construction equipment or container removed to a safe location. If a safer location cannot be secured, the Construction Official may order the construction equipment or container removed and revoke the permit.

H. The reasonable judgment of the Construction Official, the Police Department or other enforcement officials, as to the existence of a hazardous or unsafe condition shall constitute grounds for the Construction Official ordering the container moved to a safer location or removed from the site entirely. Should the holder of the construction equipment or container permit fail or refuse to remove the construction equipment or container upon expiration of the permit period (including any written extension thereof) or upon notification of an unhealthful, hazardous or unsafe condition, the Construction Official may cause the construction equipment or container to be removed by City or contracted personnel. Upon any such removal, the City will be entitled to reimbursement from the permit holder of all costs to the City, including attorney's fees and court costs. Notification requiring removal shall be in writing. Notification shall be made to the permit holder, if the permit holder is readily available, and if the permit holder is not available, notification shall be made to the company supplying the container.

§ 194-9.  Enforcement.

The Construction Official and any duly designated representative shall enforce this article, and it shall be the duty of any and all police officers and other City enforcement personnel to aid in such enforcement.

§ 194-10.  Violations and penalties.

Failure to comply with the provisions of this article shall be punishable by a fine of not less than $50 nor more than the penalty set forth in Chapter 1, Article III, Penalty. Each and every day that a violation exists shall constitute a separate violation of this article.

ARTICLE II,
Inspections and Enforcement
 [Adopted by Ord. No. 1268-2002 (Sec. 10-6 of the 1997 Revised General Ordinances)]

§ 194-11.  Jurisdiction assumed by City.

In accordance with N.J.S.A. 55:13A-13a(b), the City of Cape May hereby assumes jurisdiction to conduct the inspections and enforce the regulations prescribed by or pursuant to law.

§ 194-12.  Local authority.

Council hereby designates the City's Code Enforcement Officer/Housing Inspector as the local authority to conduct the inspections and enforce the regulations prescribed by or pursuant to law, subject to the supervision and control of the Commissioner.

§ 194-13.  Collection of applications, fees and penalties.

All applications otherwise directed by law to be filed with the Commissioner and all fees and penalties otherwise to be imposed or collected by the Commissioner shall be filed with or imposed and collected by the City's Code Enforcement Officer/Housing Inspector; provided, however, that in no case shall the City collect or impose a penalty in excess of the minimum amount which the Commissioner is authorized by law to collect or impose for the same violation, or to assess a continuing penalty without the prior written approval of New Jersey Bureau of Housing Inspection.

§ 194-14.  Corrective action; suspension of authority.

The Commissioner shall retain the authority to order corrective action as may be necessary in the event the City's Code Enforcement Officer/Housing Inspector is found to be failing to carry out its responsibilities under the law, and to suspend the authority of the City's Code Enforcement Officer/Housing Inspector pursuant to N.J.S.A. 55:13A-13a(b) where the local agency repeatedly or habitually fails to enforce the law and the regulations adopted pursuant thereto.

§ 194-15.  Appeal.

Any person affected by the determinations of the City's Code Enforcement Officer/Housing Inspector shall be entitled to appeal those determinations in accordance with N.J.S.A. 55:13A-13a(c).

§ 194-16.  Filing of copy.

A certified copy of this article shall be filed with the Commissioner.

ARTICLE III,
Pile Driving and Demolition of Structures During Summer Months
[Adopted 4-19-2004 by Ord. No. 1327-2004]

§ 194-17.  Findings of fact.

The City has determined that the demolition of structures and pile driving activities create a nuisance when conducted during the peak tourism season in the City by, without limitation, creating unsightly conditions, excess noise, excess debris, damage to other property, as well as increasing amounts of silt, sand, sediment and other debris entering the streets and gutters within the City, thus clogging and otherwise doing damage to the water inlets throughout the City.

§ 194-18.  Objectives.

It is the purpose of this article to prohibit the demolition of structures and pile driving activities during the summer months beginning the Friday before Memorial Day and ending the day after Labor Day of each year within the City. It is also the purpose of this article to regulate the manner in which pile driving operations are performed in order to prohibit the accumulation of silt, sand, sediment and other debris in the alleys, streets, gutters and inlets throughout the City, and thus to require pile driving contractors to be responsible for those operations, to prevent the accumulation of sand, silt, sediment and other debris in the gutters, streets and inlets of the City and also to prevent damage to adjoining neighbors, properties and damage to curbs, sidewalks and streets.

§ 194-19.  Times when demolition and pile driving permits will not be issued; exceptions.

Beginning with the Friday before Memorial Day and ending the day after Labor Day of each year within the City, the demolition, removal or razing of buildings, structures or improvements to real property as well as any pile driving activities within the City shall be prohibited and no permit for such demolition or pile driving shall be issued during such period of time. Notwithstanding this § 194-19, in the event of an emergency, or in the event of a danger to person or property, as determined by the Construction Official, a demolition permit may be issued during such period. Nothing herein shall be deemed to apply to waterfront pile driving activity if required to be completed within a specified time frame by the State of New Jersey Department of Environmental Protection or any other federal or state agency.

§ 194-20.  Pile driving activities.

A. Any contractor performing pile driving operations within the City shall be responsible for all sand, silt, sediment, debris and water leaving the site of the pile driving operation. Said person, firm or corporation shall be responsible to clean and maintain all alleys, gutters, streets, sidewalks and inlets prior to completing their pile driving operations and shall specifically remove or cause to be removed all sand, silt, sediment, or other debris arising from the pile driving operation. The contractors performing the pile driving operation shall also take any and all actions or steps necessary to prevent the accumulation of sand, soil, sediment and other debris upon any adjoining property, and to likewise take whatever action necessary to prevent damage to alleys, streets, gutters, curbs and adjoining property by the utilization of pile driving equipment.

B. Prior to performing any pile driving activities, the contractor shall construct and install silt traps at the inlets located at either end of the block in which the contractor is performing the pile driving operations. Prior to obtaining the pile driving permit the contractor shall notify the Construction Office of the exact type of silt trap which shall be utilized. No pile driving permit shall be issued unless the Construction Official is notified of the type of silt trap which shall be utilized and such silt trap is approved by the Construction Official.

C. Prior to the commencement of work to drive piles or demolish a structure, the contractor shall notify the owner of property on either side of the site on which he is working to drive piles or demolish a structure. The notification shall be forwarded in writing, by certified mail, at least 14 calendar days prior to the commencement date of the pile driving activity or demolition work but not earlier than 30 days prior. The notification shall be forwarded to the adjacent property and to an address outside the City as shown on the records of the City Tax Assessor for said property if such exists.

D. Any contractor performing pile driving activities within the City shall comply with all City water and sewer ordinances as well as any other applicable federal and state laws. The contractor shall meter and be responsible for the water used during the pile driving activities, and shall ensure there is adequate backflow protection to prevent contamination of the water supply.

§ 194-21.  Insurance.

Any contractor performing pile driving activities within the City shall also purchase and maintain a comprehensive general liability insurance policy covering the contractor for any liability as a result of death, bodily injury or property damage in the combined single limit amount of $1,000,000 as a result of the contractor's pile driving activities. Such coverage shall also include activities conducted by any subcontractors, employees or any other person directly or indirectly employed by the contractor or any subcontractor, or by any person for whose acts any of them may be liable. Such insurance shall also include premises operations, including, without limitation, explosions, collapses, underground damage, completed operations and a broad form of property damage coverage. Proof of such insurance with evidence that the City will be notified of any cancellation or change in such policy shall be provided to the City prior to the commencement of any pile driving activities.

§ 194-22.  Prevention of damage to property.

It shall be the responsibility of the pile driving contractor in the case of pile driving, or a demolition contractor in the case of demolition of structures, to prevent damage to alleys, streets, curbs, sidewalks, gutters and adjoining property from pile driving and/or demolition construction.

§ 194-23.  Violations and penalties.

Any person, firm or corporation convicted for violation of this article shall be subject to the penalty established in Chapter 1, Article III, Penalty. Additionally, the Municipal Court Judge shall have the authority to order restitution for any damage done to property by a pile driving or demolition contractor.

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