ORDINANCE NO.                       

 

AN ORDINANCE AMENDING PART FOURTEEN, TITLE SIX, CHAPTER 1460 OF THE PALOS PARK VILLAGE CODE IN REGARD TO ESTABLISHING ENVIRONMENTAL PROTECTION REQUIREMENTS FOR CONTRACTORS WORKING ON CERTAIN CONSTRUCTION SITES WITHIN THE VILLAGE                                                                                    

 

BE IT ORDAINED by the Village Council of the Village of Palos Park, Cook County, Illinois, as follows:

SECTION 1:          That Part Fourteen, Title Six, Chapter 1460 of the Palos Park Village Code is hereby amended by adding a new Section 1460.02 thereto, which shall read in its entirety as follows:

"1460.02 CONSTRUCTION SITE ENVIRONMENTAL PROTECTION STANDARDS FOR NEWLY DEVELOPED LOTS, TEAR-DOWN DEVELOPMENTS AND ADDITIONS

(a) APPLICABILITY.  The regulations set forth in this Section shall apply to: (1) any construction occurring on a vacant lot within the Village where a building permit is required; (2) any construction of a new principal structure on any developed  lot within the Village; and (3) any construction of an addition to the existing principal structure on any developed  lot within the Village.   The regulations set forth in this Section, where applicable, shall be in addition to all other Village Code requirements that may apply.  The regulations set forth in this Section shall not apply to any construction occurring on property where the owner of the property remains in residence on the property during the entire construction period and the condition of the residence does not, pursuant to Village codes, prohibit said occupancy.  The regulations in this Section shall not apply to any non-building/structure construction work being done on property as part of a project regulated by this Section, such as landscaping, nor to any contractor or subcontractor performing only such non-building/structure construction related work.  Notwithstanding the foregoing, all site preparation work relative to building construction, including, but not limited to grading, shall be considered as part of the construction related work which is subject to this Section.

(b) CONTRACTORS.  In addition to the licensing requirements provided for in Chapter 804 of the Village Code, any contractor, subcontractor or owner in charge of work on a construction site regulated by this Section must, before commencing any work on such construction site, become familiar with the construction site environmental protection requirements of this Section, and sign an acknowledgment stating that said contractor, subcontractor or owner in charge is familiar with all the requirements of this Section   This requirement may be met at the time of licensing under Chapter 804 of the Village Code or, where the contractor or subcontractor is already licensed, before commencing work on the construction site protected by this Section.  The Village's Building Department shall create a means of certifying those contractors and subcontractors that are qualified, as defined herein, to work on projects regulated by this Section.  Such certification shall be valid for a period of one (1) year from the date of issue.

(c) LIMITATION ON TREE REMOVAL.  On any lot containing a construction site regulated by this Section, no Specimen Tree, as defined in Table 1460.02(A), with a condition rating of three (3) or better as defined in Table 1460.02(B), shall be removed or destroyed except where such removal is reasonably necessary to conduct the permitted construction.  It shall be presumed that the removal of all Specimen Trees within the Disturbance Area around the construction site is reasonably necessary to the permitted construction. Such Disturbance Area shall consist of the building pad(s) on the construction site, as well as a maximum area around the building pad(s), determined by calculating the square footage of a twenty-five (25) foot buffer area surrounding such building pad(s), and one access drive, with a maximum width of  twenty-five (25) feet, running from the edge of the pavement of any road abutting the property to the Disturbance Area site on the property.  The shape of the Disturbance Area can be altered to suit site conditions as long as the maximum square footage allowed is not exceeded. An exception to this Limitation on Tree Removal requirement shall exist where the removal of a tree otherwise prohibited by this Section is necessary: (1) to specifically comply with the grading and drainage requirements in Chapter 1466 of the Village Code; or (2) to install public utility lines where such lines cannot reasonably be located completely within the Disturbance Area.  Any use of this exception shall be narrowly construed and exercised in a manner that is the least intrusive to any protected Specimen Trees.

 

(d) SITE PROTECTION PRIOR TO AND DURING CONSTRUCTION.  Those Specimen Trees not being removed pursuant to Section 1460.02(c) above, and the areas on the construction site not being disturbed by the permitted construction, shall be protected during the entire construction period in conformance with the following requirements:

(1) Construction access to the construction site shall be limited exclusively to the Disturbance Area as defined in Section 1460.02(c).

(2) Both a three (3) foot high snow fence, with post spacing not to exceed six (6) feet on centers, and a silt fence shall be erected at the boundary of the Disturbance Area (hereinafter referred to as the "Protective Fencing"), subject to the additional Protective Fencing requirements set forth in subsection (3) below.

(3) All Specimen Trees within the Disturbance Area that have not been removed and all Specimen Trees having a canopy with a drip line that extends into the Disturbance Area on the property must be protected by erecting a three (3) foot high snow fence at the edge of any part of any such canopy's drip line, notwithstanding the fact that said fencing is being erected within the Disturbance Area.

(e) SUBMITTAL OF PLANS – PRIOR APPROVAL.  No  work of any kind may commence on any property which is subject to this Section until plans, showing that the required site protection standards are being complied with, have been submitted to, and approved by, the Village's Building Department.  Such plans may be made part of a grading plan, if one is required, or submitted as a separate plan.  Submitted plans must include the location of Specimen Trees protected by this Section, and a delineation of the Disturbance Area (including access drive), all utilities, and the required Protective Fencing.  Construction work may not commence, nor may any construction vehicles access the construction site (other than the work and vehicles needed to clear the Disturbance Area and to install the Protective Fencing), until the Village has inspected and approved the site protection implementation on the construction site and confirmed that all elements provided in the approved site protection plan have been met.  The prior-approval requirements provided in this Section shall be in addition to any other applicable Village Code provisions which require prior approval by the Village before work may commence.

(f) FINAL INSPECTION AND APPROVAL.  Upon completion of the construction work, and before removing the Protective Fencing, the contractor/subcontractor shall request a final inspection by the Village's Building Department to determine if any disturbance or damage has occurred beyond the boundaries of the allowed Disturbance Area, or to any areas within the Disturbance Area that are protected as defined in Section 1460.02(d)(3). 

(g) DAMAGE TO PROTECTED AREAS.  If there is disturbance to, or damage of, the property beyond the permitted Disturbance Area , or to any protected areas within the Disturbance Area, such damage shall be corrected, if possible, or mitigated.  If a Specimen Tree that is not scheduled for removal is hit by equipment, or if more than ten percent (10%) of the land under the drip line of the canopy of a Specimen Tree that is not scheduled for removal is disturbed, said Specimen Tree shall be considered damaged.  Replacement shall be required for each Specimen Tree damaged unless the contractor/subcontractor provides a certification from a State licensed arborist that the disturbed Specimen Tree will remain healthy. Such replacement shall consist of the planting of a Specimen Tree, as defined in Table 1460.02(A) and with a trunk diameter (measured six inches (6") above the top of the ball of earth) of at least three (3) inches, somewhere on the property.

(g) OCCUPANCY PERMIT.  Where construction regulated by this Section also requires the issuance of an Occupancy Permit, no Occupancy Permit shall issue until the contractor/subcontractor has fully complied with this Section and all fines imposed under this Section have been fully paid.

(h) PENALTY; EQUITABLE REMEDIES.

(1) In addition to the correction and Specimen Tree  replacement required by Section 1460.02(f), any person, firm or corporation who violates or fails to comply with any of the provisions of this Section, including, but not limited to, engaging in any activities regulated by this Section without first obtaining the required approvals from the Village's Building Department, or conducting any regulated activities under this Section in a manner inconsistent with such prior approval, shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00).  A separate offense shall be deemed committed each day during which a violation continues.

(2) In addition to any fine which may be imposed hereunder, the Village may seek a mandatory order of compliance or such other further equitable relief as a court of competent jurisdiction may grant, including an award of attorney's fees and costs as provided by statute or allowed by the court, it being the intent of the Village that the contractor/subcontractor who violates this Section shall be obligated to reimburse the Village for the Village's costs and legal fees incurred in enforcing this Section.

(3) Whenever during the course of any construction work regulated by this Section the Village's Building Department concludes that the requirements of this Section are not being met by a contractor/subcontractor, a stop-work-order may be issued pursuant to Section 1440.09 of the Village Code.

(i) SUNSET PROVISION. This Section 1460.02 shall be repealed in its entirety effective February 25, 2004.  The Village administration shall, however, place the reconsideration of this Section 1460.02 on the agenda for the first Village Council meeting that is held in  August, 2003."

SECTION 2:  In light of the fact that the Village currently has no ordinance protecting construction sites in the Village Code, the Village Council determines that it is imperative that this Ordinance go into effect immediately upon its adoption without the need to be published in pamphlet form.  As such, this Ordinance shall, pursuant to 65 ILCS 5/1-2-4, be in full force and effect from and after its adoption and approval pursuant to a two-thirds (_) vote of the corporate authorities.

ADOPTED this _____  day of                        , 2002, pursuant to a roll call vote as follows:

AYES:                                                                                                           

NAYS:                                                                                                          

ABSENT: