city of elmhurst · facing your building. sidewalk and cannot be placed in public row. fencing/site...

CITY OF ELMHURST

209 NORTH YORK STREET ELMHURST, ILLINOIS 60126-2759

(630) 530-3000 www.elmhurst.org

STEVEN M. MORLEY MAYOR

JACKIE HADDAD-TAMER CITY CLERK

ELAINE LIBOVICZ CITY TREASURER

JAMES A. GRABOWSKI CITY MANAGER

October 29, 2020 To: Mayor Morley and Members of the City Council Re: Referral: Construction Site Standards – Alderman Deuter and Alderman Veremis It is respectfully requested that the attached request from Aldermen Deuter and Alderman Veremis for an evaluation of construction site standards to be referred to Development, Planning and Zoning Committee for review and recommendation back to the City Council.

Respectfully submitted,

James A. Grabowski City Manager

October 28, 2020

City Manager Grabowski:

In recent years, a handful of major development projects have been completed in downtown Elmhurst, and more are expected. While construction is universally inconvenient and much of the inconvenience is unavoidable, downtown development has unique challenges. Parcels are often utilized lot line to lot line for the new structure, which creates the need for the use of public rights of way for equipment and material storage. The temporary use of sidewalks and streets affects pedestrian and vehicle flow. Large scale projects can take a year or longer to complete and may utilize dozens of workers daily, all of whom require parking. Management of the construction site affects the area’s residents, businesses, and business patrons. A site that is not managed well generates frequent complaints and requires time-intensive city involvement, including site visits for observation, code enforcement, and traffic enforcement. Common complaints are overflowing dumpsters that litter the area, work that takes place outside allowed hours, uncontrolled dust, and workers utilizing customer three-hour parking. Elmhurst’s current construction site requirements are well-suited to single family residential development, but do not adequately address larger commercial projects, especially those in our downtown area. For example, our code specifies that the maximum length of time a dumpster may be on site is six months and restricts the parking of vehicles to one side of the street. Both provisions make sense only for single family development. Our code also states that materials shall not be placed or stored on the public parkway. To establish clear expectations for developers and others affected by downtown development and to minimize negative impacts to the extent possible, we would like to see our code modified to adequately address the following key issues:

- Use of public rights of way - Location and condition of dumpster - Litter and clean up - Dust and airborne particle control - Site fencing and security - Worker parking

These issues are commonly addressed by code in other municipalities. For reference, the attached table describes the construction site requirements in a sample of Chicago area municipalities. Also, with expectations clearly established and communicated, we ask that the city implement a stronger and more standardized code enforcement system to address violations when they occur. Enforcement actions must be well documented, applied consistently, and sufficient to encourage compliance.

We respectfully request that this item be sent as a referral to the appropriate committee. Sincerely, Marti Deuter, Alderman, Ward 1 Jennifer Veremis, Alderman, Ward 1

Construction Site Requirements

Key Element Elmhurst – Current Requirements

Downers Grove Glenview Glen Ellyn La Grange

Dumpster Provide a dumpster or keep trash inside building. Maximum length of time is six months. After six months, six-yard dumpster shall be in garage or trash receptacles inside house.

A fully covered debris and refuse container must be located on the site. It shall be covered at all times when no work is being performed to prevent windblown debris. It shall be set back a minimum of five feet from the front and side lot lines and is not to be located on public property.

Permit should specify location of the dumpster.

A dumpster must be in place when appropriate for proper daily clean-up.

A dumpster must be on site.

Litter, Debris Control, Clean Up

Code of Conduct: “Do not litter, use dumpster”

The site and surrounding areas, such as streets and sidewalks, shall be cleared of refuse, mud, gravel, or other debris daily.

Litter and debris should be controlled at all times. Applicant designates a person regularly on site who has the responsibility to assure that no litter leaves the property and that all litter is removed before the end of every day.

Pick up scattered construction debris on a daily basis.

Site must remain free of construction debris or other garbage.

Portable Sanitation Facility

Approved portable sanitation facility maintained in an

A portable toilet shall be located on the site, set back as far as possible from all

The proposed location must be depicted on plans submitted with application. Location

Locate portable toilets out of public view or at least ten feet from any

Portable toilet must be placed a minimum of five feet from the



approved manner on site.

property lines to within three to four feet of the excavation but not less than five feet from the front and side lot lines.

shall have the least possible impact on adjacent properties.

lot line with the door facing your building.

sidewalk and cannot be placed in public ROW.

Fencing/Site Security Install a six-foot high, temporary chain link fence with gated opening around the perimeter of the lot. The gate must be closed when no construction activity is being performed on the site. The fence must remain in place until final grading of the property begins.

Six-foot chainlink fence required; installed not more than seven days, nor less than four days before the commencement of work. Gate must be closed at all times, except to allow ingress/egress and locked, except during hours of construction or when no work is being performed.

Install and maintain perimeter site fencing and secure the site at the end of each working day.

Six-foot construction fence is required. Must be closed and locked when site is unoccupied.

Parking All contractor/service providers shall restrict the parking of vehicles to one side of the street. Do not park vehicles on the public parkway or blocking the public sidewalk.

A parking plan outlining the proposed location for all parking of contractor and worker vehicles must be submitted and followed.

Village may prohibit parking in any location on a right-of-way if Village determines that such parking has an adverse impact on neighboring property or traffic control. See below for unloading and storage.

Install and maintain perimeter site fencing and secure the site at the end of each working day.

Ensure all Village parking requirements are followed.

Material Storage “Materials shall not be placed or stored on public parkway.”

No parking, loading, or storage shall be permitted within right-

Stockpile equipment and materials a minimum of 10% of the

On site storage of materials must be kept neat and organized.



of-way, unless approved by Village.

lot width away from neighboring properties.

Public Streets, Sidewalks, ROW

The builder must comply with existing code regarding Traffic Control Procedures and may not block streets or sidewalks as to prevent pedestrian or vehicular traffic.

No pavement or sidewalk within any public right-of-way shall be unavailable for public use at any time, except when such pavement or sidewalk is removed or replaced.

Keep the pedestrian right-of-way maintained and free of construction materials and vehicles.

Dust and Airborne Particle Control

During demolition, water must be available on site to thoroughly saturate the structure or area in any situation where airborne particles may be disbursed.

Airborne particles must be controlled at all times by means of water truck and spraying equipment or other water source capable of spraying and thoroughly saturating all portions of structure and affected surrounding property.

When cutting masonry, brick, or stone, dust control measures must be implemented. During demolition, dust and airborne particle control measures must be implemented.

Proper dust control measures shall be taken at all times to prevent dust offsite.

Published by Village of Downers Grove

Revised August 2020

The VUlage of Do'W'fl,ers Grove wishes to adk1f1Jowled!.ge the Dow1f/Jers Grove CoaUtfo1flJ for

Ma1f/Jaged!. Red!.evelopme1f/Jt for their orlg41f1Jal pubUcatio1flJ upo1f/J which the 20!08 versfo1f/J of this

d!.ocume1f/Jt WlfJJS blfJJSed!..

Published!. by Vill&Jge of Dow1f/Jers Grove

Revised!. August 2020

A Resident’s Guide to Neighborhood Construction 1

There's no doubt about it. Living near a construction site presents its share of inconvenience to residents, not only those next door, but to the neighborhood as a whole. Since 2004, Downers Grove has taken great measures to involve the community in the redevelopment process. The Village Council has enacted ordinances to regulate construction sites, protect adjacent properties and minimize the impact of construction activity on neighbors. When builders cooperate with the Village and residents are informed, the construction process runs smoothly, which is a benefit to everyone.

This brochure has been prepared by the Village to:

1. Advise residents of what to expect whenredevelopment activities (demolition and/orconstruction) occur near them.

2. Familiarize residents with the permit processand construction site maintenance.

3. Provide residents with resources to obtain furtherinformation about a project.

4. Encourage residents to take an interest in theirneighborhood and the issues that affect them.


HOW IS A BUILDING/DEMOLITIONPERMIT OBTAINED?

Permits represent the Village's means to ensure that all construction adheres to an established standard that meets currently adopted building and zoning codes as well as fire, electrical, plumbing, stormwater and life/safety codes. The Community Development Department enforces these standards and other ordinances adopted by the Village Council through the issuance of permits.

• PLAN SUBMITTAL The applicant (often a builder or generalcontractor) submits plans for their proposed project to theCommunity Development Department.

• PLAN REVIEW The plans are reviewed by Village staff inseveral categories to ensure that they adhere to Village codes andordinances including, but not limited to:

Some plans may need to be reviewed by the Plan Commission, a recommending body to the Village Council, or the Zoning Board of Appeals (ZBA) before they are approved. For example, if a structure does not confrom to a certain zoning code requirement, the applicant may petition for a variance. A Public Hearing would then be conducted at a ZBA meeting to decide if the request should be granted.

It is important to note that residents have the right to offer input regarding plans and permit requests being deliberated by the Plan Commission, ZBA or Village Council. Resident input is welcome and can be provided during Council meetings , in writing, via email or telephone.

A complete list of contact information for the Village Council is available at www.downers.us

2.

Stormwater and Engineering Village engineers will determine if the project needs to address possible drainage or traffic issues. Will the project impact a floodplain, wetland, or localized poor drainage area (LPDA)? Is access to the property adequate and in a safe location? Are post-construction best management practices (PCBMPs) required?

4. Tree Protection for trees located on Village right-of-ways.

5. Life/Safety Considerations smoke detectorsinterconnected? Does the plan show prohibited structuressuch as an in-ground fire pit?

If the submitted plans do not meet code requirements, the applicant will be notified and have the opportunity to submit additional documents and/or make changes to the original plans. At that time, a second Plan Review will be conducted. If the plans are still not satisfactory to the Village, they may go through a third or fourth Plan Review before the plans are approved, though this is not usually the case.


3.

Zoning Ordinance Community Development planners will determine if the project is an allowable use for the zoning district in which the property is located. Are the proper setbacks accounted for?* Does the plan meet or exceedthe lot coverage allowed?* Is the plan in compliance with established height requirements?*

1.

These figures vary by Zoning District. See Page 12 for references.*

Building Codes Is the proposed building structurally sound, as indicated by the proposed materials to be used? Is the proposed building mechanically sound and will systems(heating, cooling, etc.) operate efficiently as shown? Does the electrical plan meet current electrical codes? Does the proposed plumbing meet current plumbing codes?


WHEN AND HOW WILL THE NEIGHBORHOOD BE NOTIFIED

OF THE PROJECT?If a Public Hearing before the Plan Commission or Zoning Board of Appeals is required as part of the permit approval process, all properties within a 250 foot radius of the subject property will be notified of the hearing by the Village, via mail. Public participation is encouraged at these meetings. In addition, a Legal Notice will be published in the local paper, a Notice of Public Hearing sign will be posted on the subject property, and an agenda will be posted online at www.downers.us. All of these actions occur at least15 days in advance of the Public Hearing.

If a Public Hearing is not required, properties within 100 feet of the subject property will be notified by the builder, prior to the start of construction. The builder is required to:

• Provide residents with a copy of the �yer, "What to Expect DuringNeighborhood Construction."

• Provide a general explanation of the work to be done and disclosethe site plan.

• Provide residents with the name, address, and phone number ofthe individual in charge of supervising the work site.

The builder will ask for your signature on a "Certificate of Personal Notification" form. They will provide this document to the Village as proof that the notification requirement was fulfilled.

Construction or demolition may not begin until the permitis ISSUED, as de�ned above.

• PERMIT ISSUED A�er the plans have been approved, the permit will be issued. Permits will be issued once all applicable fees have been paid and construction bonds have been secured. The Village recommends the contractor put up the construction bonds, as the Village will use these bonds if the contractor does not follow the site management program and/or does not complete the project, per the approved plans.

RESPONSIBILITIES OF THE BUILDER

The Demolition and Site Management Ordinance was first enacted in January 2004 and has been periodically amended since to regulate construction sites, protect adjacent properties and minimize the impact of construction on neighbors.

In addition to obtaining all necessary permits, the builder must adhere to the following standards, outlined in Section 7.1801* of the Downers Grove Municipal Code when the projectexceeds 600 square feet in size.

• Notification of residentswithin 100 feet of theconstruction site must occur atleast one week before workbegins.

• Install a six-foot high, temporary chain-link fence with gatedopening, around the perimeter of the lot. (Note: The fence may notbe erected until a construction/demolition permit has been ISSUED.) Thegate must be closed when no construction activity is beingperformed on the site. The fence must remain in place untilfinal grading of the property begins.

• Erosion control measures (i.e. silt fencing or sediment filter logs)must be installed on the inside perimeter of the fence.

• Parkway trees must be protected by six-foot high,chain-link fencing per Section 24-106.*


http://www.downers.us/govt/municipal-code


• A portable toilet shall be located on the site, set back as far as possible from all property lines to within 3 to 4 feet from the excavation, but not less than 5 feet from the front and side lot lines.

• Work may be performed Monday-Saturday only, between the hours of 7:00 a.m. and 7:00 p.m. Work on Sundays is not permitted.

• Observe noise regulations as contained in Section 15.205* .

• The builder shall post on the subject property, in a location visible from the public right-of-way, a sign containing rules applicable to Demolition/Construction Site Management, and the developer’s name and telephone number. If applicable, the Stormwater Pollution Prevention Plan should also be posted.

• The site and surrounding areas, such as streets and sidewalks, shall be cleared of refuse, mud, gravel or other debris daily.

• The builder must comply with Section 19-44(i)* regarding Traffic Control Procedures and may not block streets or sidewalks as to prevent pedestrian or vehicular traffic.


A fully covered debris and refuse constiner must be located on the site. It shall be covered at all times when no work is being performed to prevent windblown debris. It shall be set back a minimum of 5 feet from the front and side lot lines and is not to be located on any public property.

•




PARKWAY TREE PROTECTION Parkway tree protection (Section 24-106) involves avoiding damage to the tree both above and the below ground. Tree roots must be protected from severing or changes in their soil environment (such as compaction or grade changes) to prevent irreversible tree decline or death.

For more information, contact the Village Forester at 1.630.434.5475.

• A parking plan outlining theproposed location for allparking of contractor andworker vehicles must besubmitted and followed.

• During demolition, watermust be available on-site tothoroughly saturate thestructure or area in anysituation where airborneparticles may be disbursed.

• Open burning on the site isnot permitted.

• All work shall be limited to the subject property only, except forutility (water, sanitary sewer, etc.) work which may take place onpublic property.

* See MUNICIPAL CODE REFERENCES, page 12

• Type I barricades shall beprovided on both sides of asidewalk that is distrubed byconstruction.

jcerulli

Typewritten Text


ENSURING CODE COMPLIANCE There are a variety of checks and balances the Village uses to ensure thatconstruction/demolition sites are in compliance with Village ordinancesand building codes.

• BUILDING INSPECTIONS Throughout the course of theproject, several inspections are conducted, as warranted by thebuilding plans. These include electrical and plumbing, structural,life/safety, and grading inspections.

• SITE INSPECTIONS Code Enforcement officers conductrandom site inspections, looking for violations of the Demolitionand Site Management ordinance, as listed on pages 5-7. ThePolice Department also assists Code Enforcement officers byreporting violations they observe on their neighborhood patrolsand violations reported a�er normal business hours.

Builders are typically issued a warning first and given fairopportunity to comply. If problems at the site continue to arise,the Code Enforcement officer has the authority to issueadministrative citations that carry daily fines. If the site is not incompliance with the fines paid, a stop-work order may be issued.This is an effective tool to gain immediate compliance and is usedin the most offensive cases.

When life/safety is at risk, the Code Enforcement officer willstop the project and require immediate corrections.

• COMMUNITY INVOLVEMENT The Village encourages theneighborhood to become involved when they believe a builder isflagrantly breaking the rules that they are required to uphold.With as many as 300 residential construction sites in the Village atany one time, our residents are poised to be an asset in bringingsafety matters to our attention. If you believe there is a violation,call the Community Development Department at 630.434.5515during business hours. For after hours, call the non-emergencyPolice Department number at 630.434.5600.


OTHER PROVISIONS

In addition to the aforementioned, other measures of the Demolition andSite Management Ordinance guard against unsightly construction sites.

• SITE MANAGEMENT ACCOUNT The Village will retain a cash bond from the builder in the amount as set forth in the User-Fee, License and Fine Schedule as security for full performance of the work covered by the permit, subject to completion in a timely manner. It is recommended the contractor put up the bond money. The Village may draw on this account for the costs of legal fees and administrative expenses incurred by the Village in exercising any of its rights in Section 7.1801 including administrative citation fees. If the Village draws on this bond, then the builder/applicant must replenish the bond to the full amount.

Upon satisfactory completion of all work at the site, the cash bond will be refunded.

• RESTORATION PLAN As a requirement for permit approval,a builder/applicant must submit a grading and site restorationplan. In the event that no substantial work is completed at ademolition site for 30 consecutive days once demolition hasbegun, the Village may deem the site abandoned.

ABANDONMENT OF SITE Once an abandonment noticeis issued, the builder/applicant has 10 days to either commencework on the site OR restore the property to a final grade andpermanent stabilization such as grass or seed blankets.


•


HOW TO REPORT A SITE VIOLATION

CALL THE COMMUNITY DEVELOPMENT DEPARTMENT at 1.630.434.5515 OR

COMMUNITY RESPONSE CENTER (CRC) at 1.630.434.2255

You can also access the CRC via www.downers.usand click on "Report a Problem."

The Village uses a software program to track data relative to a variety of requests and concerns received from the public, including construction site issues. Calls entered into this system are assigned to a Village staff member to look into the issue and/or follow up with the customer. Actions taken to resolve or investigate the issue are documented to the record.

The so�ware can be used in tracking the history of violations at construction sites, as well as documenting residents’ concerns pertaining to other community issues.

Once an item is entered in the database, you can expect to be contacted within 24 to 48 hours by the Village staff member responsible for reviewing the matter and taking the appropriate corrective action.

After regular business hours you can contact the CRC and leave a voice message or send an email to [email protected].

For site violations which may threaten the property or personal safety of others, contact 9-1-1.

You can also contact the Police Department's non-emergency number at 1.630.434.5600 to report site violations after hours that do not pose a threat to the safety of others.


WHERE TO GET MORE INFORMATION

• ASK THE BUILDER If construction activities are taking placein your neighborhood, talk to the supervisor in charge of the site.In addition to the builder providing the site supervisor's name andphone number to properties within 100 feet, the contactinformation must be posted at the site. You may also ask at the siteto speak to the supervisor.

• CALL COMMUNITY DEVELOPMENT at 1.630.434.5515.A copy of the approved plans is on file with the department atVillage Hall, 801 Burlington Avenue, and most other questionsabout the construction/demolition project can be answered here.

• SEARCH PUBLIC RECORDS Most requests for informationabout a construction site can be handled with a phone call toCommunity Development. However, some requests forinformation may require that you file a FREEDOM OFINFORMATION ACT (FOIA) request with the Village Clerk's office.

The key to finding what you are looking for is to become familiar with the types of information available through this process. Examples of records or documents include minutes of meetings, inspection reports, permit files, financial transactions, electronic files, maps, photographs, video tapes, letters and correspondence. However, some drawings may not be be shared due to copyright.

It is very important that you be as specific as possible with yourrequest when filing the FOIA form with regard to dates and typesof documents sought.

FOIA forms may be obtained from the receptionist or VillageClerk at Village Hall, 801 Burlington Avenue. Forms are alsoavailable on the Village website, www.downers.us. In thesearch box at the top right of the screen, type "FOIA", then clickon the first item returned in the list.


It is important to note that residents have the right to o�er input regarding ZBA

.

MUNICIPAL CODE REFERENCES

Listed below are the specific sections of the Downers Grove MunicipalCode that have been referred to in this brochure, as well as other sectionsthat are pertinent to building and construction in the Village.

SECTIONS REFERRED TO IN THIS DOCUMENT

1. Demolition and Site Management Ordinance: Section 7.18012. Tree Protection: Section 24-1063. Noise: Section 15-2054. Traffic Control: Section 19.44(i)

HELPFUL CHAPTERS TO REFERENCE

1. Chapter 7: Buildings2. Chapter 12: Historic Preservation3. Chapter 20: Subdivisions4. Chapter 26: Stormwater and Flood Plain Ordinance5. Chapter 28: Zoning Ordinance

To read the code online, go to www.downers.us. Under the Government heading on the lower portion of the homepage, select "Municipal Code." From here you can navigate to the particular chapter or section.

A copy of the Municipal Code is also available online.







CONTACTS

Community Development1.630.434.5515

Community Response Center (CRC) 1.630.434.2255

Police Department (Non-Emergency) 1.630.434.5600

Village Clerk's Office1.630.434.5535

Village Forester1.630.434.5475

Dial 9-1-1 (for emergency matters which may

threaten the property or personal safety of others)

city of elmhurst · facing your building. sidewalk and cannot be placed in public row. fencing/site...

Documents