Purpose. Building construction sites shall be maintained in conformity
with the provisions of this article and all applicable laws to assure
reasonable safeguards to protect the safety, health, and property
of Village residents and the general public; and to protect roads
and waterways from sediment transport created by stormwater runoff
from construction sites. It shall be the obligation of the owners,
residents, and all contractors and individuals working at a site to
abide by the provisions of this section to keep the premises in a
clean and safe condition and to take all required and other reasonable
actions to prevent erosion and damage to any neighboring property,
including, but not limited to, waterways.
All work, including, but not limited to, the construction
and/or installation of new structures, additions, alterations, utilities,
repairs, appliances, equipment, landscaping, demolition, excavation,
and any other disturbance of existing stabilized soil, other than
a disturbance of the soil which, in the opinion of the Building Inspector,
is de minimis.
No construction materials shall be located on any property other
than on the subject premises in connection with construction being
performed on the subject property without the prior approval of the
owner of that property and the Inspector. This prohibition includes,
but is not limited to, all roads and rights-of-way.
No vehicles, machinery, or other equipment used in conjunction with
an improvement shall be parked, standing, or stored other than on
the subject premises without the prior approval of the owner of that
other property and the Inspector. This prohibition includes, but is
not limited to, all roads and rights-of-way.
No vehicles, machinery, or other equipment used in conjunction with
an improvement shall block any roadways or driveways, damage any property,
or drop, by their tires or otherwise, any mud, dirt, sediment, or
refuse off the subject premises, or create any hazard or nuisance.
Grass and other ground cover on rights-of-way shall remain undisturbed
and maintained for the duration of any improvement by cutting grass,
raking leaves, and removing refuse.
The subject premises and all rights-of-way adjoining the subject
premises shall be maintained regularly for the duration of any improvement
by cutting grass, raking leaves, and removing refuse.
Sufficient access to the subject premises, and to the structures
thereon, if any, for fire and emergency vehicles, as determined by
the Building Inspector, shall be maintained at all times.
If access other than an existing driveway is being used for vehicles,
machinery, and other equipment in conjunction with an improvement,
there shall be only one entrance for such access. The entrance shall
be protected from erosion by placement of a recessed entry pad. The
minimum size of the entry pad shall be 24 feet wide by 50 feet long
and 12 inches deep, and be made of oversized three- to four-inch diameter
crushed stone on top of filter fabric, as approved by the Building
Inspector.
If access by an existing driveway is being used for vehicles, machinery,
and other equipment in conjunction with an improvement, such access
shall be protected by a crushed stone entry pad, as approved by the
Building Inspector.
Roads and rights-of-way shall be cleaned each time a vehicle, machinery,
or other equipment exits the subject premises if it drops mud, dirt,
sediment, or refuse onto a road or right-of-way.
All receptacles shall be securely covered at all times during the
hours that construction work is not being conducted. Receptacles shall
not be allowed to overflow and shall be changed or emptied with sufficient
regularity to prevent their overflowing or inability to be covered.
Any lightweight debris, such as, but not limited to, papers, cups,
disposal food wrappings, plates, and utensils, shall not be permitted
to blow and spread about the subject premises or other property, including,
but not limited to, roads, rights-of-way, neighboring properties,
wetlands, and waterways. Sufficiently strong and tightly closed plastic
refuse bags shall be used to contain lightweight debris.
By 6:00 p.m. each night, until 8:00 a.m. the following morning, or
such later time when construction may legally commence, there shall
be no refuse on the subject premises that is not properly contained
as required by this section, or in some other manner approved by the
Building Inspector, which is sufficient to prevent the blowing or
other spread of such refuse, reduce the visual adverse impact of such
refuse, and reduce the possibility of rodent and insect infestation
as a result of such refuse.
No mud, dirt, sediment, or other refuse shall be allowed, permitted,
or tolerated to erode, flow, blow, or be dumped onto neighboring properties,
roads, and rights-of-way. The foregoing shall not apply to the natural
falling and blowing of leaves.
The subject premises shall be protected at all times from soil erosion
onto other properties, including, but not limited to, roads, wetlands,
and waterways by use of New York State Standards and Specifications
for Erosion and Sediment Control best management practice methods
as required by all applicable laws, but, in any event, by no less
than the placement and the maintenance in good condition of continuous
rows of salt-hay bales, silt fencing, crushed stone, geotextile fabric,
mulch, and raised berms to the satisfaction of the Inspector. Stockpiles
of extra fill shall be protected with erosion control or removed from
the subject premises as necessary in the discretion of the Inspector.
Erosion control material shall be monitored regularly and immediately
after a rain event so that such material is functional and in good
and sufficient condition at all times.
Upon completion of the construction project, permanent erosion control
and landscaping must be established on the entire site. Acceptable
methods of permanent erosion control include, but are not limited
to, grass, ground covering plants, trees, shrubs, and other vegetation
as approved by the Building Inspector or various Village Boards with
jurisdiction to review and approve landscape plans. Tilling of compacted
earth and topsoil shall be provided prior to the planting of any vegetation.
Construction that will create a disturbed land area of 43,560 square
feet (one acre) or more shall obtain a SPDES general permit for stormwater
from the New York State Department of Environmental Conservation.
An application shall be filed with the Village Clerk. A stormwater
pollution prevention plan (SWPPP) must be submitted for review and
approval by the Village Building Department. Building construction
sites shall be maintained in accordance with the SWPPP.
The fence shall be installed in such a manner and in such locations
as approved by the Inspector to assure that it is safe and stable
and, while maintaining the required safety, to the extent reasonable,
limiting the adverse impact upon the adjacent neighbors and the public
at large.
The fence shall have opaque mesh material fastened to the inside
or such other material, as approved by the Building Inspector, that
substantially shields the view of the public to the area being protected
by the fence.
The fence and mesh material shall be maintained in good condition
at all times that the fence is required by the Inspector, and the
fence and/or the mesh material shall be repaired or replaced if, in
the opinion of the Inspector, either or both are no longer in good
condition.
The fence shall be securely locked at all times when no one
authorized by the owner to be present on the site is present on the
site. If requested by the Inspector, a key to the lock shall be provided
to the Building Department.
The fence shall be installed on the subject property only, and
shall not be installed on any public or private right-of-way without
the express authorization of the owner and the permission of the Inspector,
or in any manner that might otherwise unreasonably interfere with
any easements of other rights-of-way of record without the permission
of the Building Inspector.
The fence shall be temporary and shall be removed immediately
upon completion of the construction, demolition, excavation, and/or
other activities, or such other unsafe condition has been rendered
safe, or as otherwise directed by the Building Inspector.
All excavations shall be protected with temporary shoring to prevent
collapse in accordance with all applicable laws. All excavations may
be required to have safety fencing in addition to the fence protecting
the construction site at the discretion of the Inspector.
The subject premises shall receive regular property maintenance during
construction. Grass and weeds shall be cut. Leaves shall be raked.
Snow shall be removed within 24 hours from the end of each snowfall.
Swimming pools shall be pumped, cleaned, and covered as required.
The installation of Styrofoam stucco, or any similar material in
the opinion of the Inspector, on any building shall require the installation
of scaffolding and/or mesh screens as required by the Inspector to
prohibit the blowing of Styrofoam, or any similar material, upon or
from the subject premises.
The subject premises shall have temporary guardrails with a minimum
height of 36 inches at all locations where there is a drop in elevation
of 30 inches or more in close proximity to any walking surface or
grade and at such other locations as deemed reasonable to prevent
falling by the Inspector.
All buildings on the subject premises shall be provided with temporary
smoke and carbon monoxide alarms as required on each floor level for
the duration of construction until permanent smoke and carbon monoxide
alarms are installed in accordance with applicable building codes.
In the case of nonresidential premises where the potential for rodent
or vermin infestation exists, windows and other openings in basements
and cellars shall be screened with wire mesh or other suitable materials.
All properties within the Village that are subject to this section,
shall be maintained so that no quantities of sand, dust, or other
matter are permitted to blow or otherwise escape into the open air
so as:
During any period of construction, the owners, residents, and all
contractors and individuals working at the subject premises shall
comply with such directions and orders of the Building Inspector as
may be issued to attempt to assure compliance with this section.
The Building Inspector is authorized to direct any person, as the
Building Inspector may deem appropriate, to take such action as may
be reasonable or necessary to prevent, discontinue, or mitigate a
violation of this section.
A violation of any provision of this article shall be punishable
by a fine not exceeding $2,500.