[HISTORY: Adopted by the City Commission of the City of Royal
Oak as indicated in article histories. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also changed the title of this
article from "Securing Residential Construction Sites" to "Securing
Construction and Demolition Sites."
This article shall be known and may be cited as the “2017
Residential Construction Site Ordinance Amendment.”
The purpose of this article is to require single-family and
two-family residential construction sites and demolition sites that
are adjacent to existing residential dwellings to be secured.
[Amended 9-23-2018 by Ord. No. 2018-10; 10-14-2024 by Ord. No. 2024-12]
All single-family and two-family residential construction sites
and all demolition sites shall comply with the following standards
while a building or structure is being erected, altered, repaired,
removed or demolished under a valid permit for construction or demolition.
Failure to comply is grounds for the Building Official to issue an
order to stop work on the construction or demolition.
A.
Fencing.
Prior to the commencement of construction or demolition, the construction
site shall be enclosed with a stable chain-link fence not less than
four feet in height. Any gates shall open inward, so as not to obstruct
the public right-of-way. When there is not active construction on
the site, the gate shall be secured. Temporary fencing may be removed
after a complete insulation inspection has been approved. All temporary
fencing (including the foundation) shall be removed prior to the issuance
of a conditional certificate of occupancy.
B.
Signage.
Prior to the commencement of construction or demolition, signage prepared
by the City shall be attached to the required fencing with the permit
holder's name and telephone number, and contact information for the
City's Building Department. One sign shall be provided per street
frontage.
C.
Right-of-way
maintenance. Any activity expected to impact the public right-of-way,
including but not limited to a tree within the right-of-way or an
adjoining sidewalk, must first receive a right-of-way permit pursuant
to the City of Royal Oak Right-of-Way Management Ordinance, as amended.[1]
D.
Portable
toilets. Any portable toilets on site shall be located within the
construction site and no less than 15 feet from any existing structure
on adjacent property.
E.
Excavation.
Excavations on a site shall not be open for more than 60 days.
F.
Exemptions.
This section shall not apply to the following:
(1)
New
developments that have been through subdivision or site condominium
approvals.
(2)
All
renovations enclosed within the original building or structure.
(3)
Additions
of less than 50% of the square footage of the original building or
structure.
(4)
Detached
accessory structures for single-family and two-family residential
properties.
A.
A person
violating this article for the first time is responsible for a municipal
civil infraction and is subject to payment of a civil fine of not
less than $250, plus costs.
B.
A person
violating this article for the second time is responsible for a municipal
civil infraction and is subject to payment of a civil fine of not
less than $500, plus costs.
C.
A person
violating this article for the third or subsequent time is guilty
of a misdemeanor, punishable by a fine of not more than $500 or imprisonment
for not more than 90 days, or to both such fine and imprisonment in
the discretion of the court.
D.
In addition
to any penalties provided for herein, the court shall be authorized
to issue any judgment, writ or order necessary to enforce or enjoin
further violation of this article.
