(a) 
The provisions contained in this article shall apply to any building construction site in the town or for any construction for which a building permit is required or has been obtained. Further, the provisions contained in this article are applicable to any drill site for a gas well or oil well, as referenced in article 4.05 of this Code of Ordinances. In the event of any conflict between the terms of this article and article 4.05 of the Code of Ordinances, the terms of article 4.05 shall apply.
(b) 
The provisions contained in this article shall not apply to the following:
(1) 
Exterior improvements that will be completed in three (3) weeks from the date of building permit issuance;
(2) 
Demolition work that will be completed within one (1) week from the date of permit issuance;
(3) 
Emergency repairs necessary to protect the public health, safety or welfare;
(4) 
Construction activities that occur within an existing, completely enclosed, opaque fence or wall that will not be disturbed due to the construction activity;
(5) 
Landscape improvements and landscape maintenance;
(6) 
Plant removal and/or salvage;
(7) 
Interior building construction activities;
(8) 
Exterior painting; and
(9) 
Exterior cosmetic material finish repairs and routine maintenance.
(c) 
Notwithstanding any provision in subsection (b) of this section, it shall be unlawful to operate or permit to be operated in a residential district, or within 500 feet of any residence, any equipment used in commercial construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances thereto and/or the erection, including excavation, demolition, alteration or repair, of any building in a residential district, or within 500 feet of any residence, at times other than between the hours of 7:00 a.m. and 7:00 p.m. on Monday through Friday, and 9:00 a.m. and 5:00 p.m. on Saturday and Sunday.
(Ordinance 07-235, sec. 2 (5.301) adopted 5/23/07; Ordinance 2008-245, sec. 2, adopted 3/10/08)
Any person, firm, or corporation violating any of the provisions or terms of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined a sum not to exceed $2,000.00 for each offense, and each and every violation or day such violation shall continue or exist shall be deemed a separate offense.
(Ordinance 07-235, sec. 2 (5.308), adopted 5/23/07)
Any person aggrieved by a decision of the town building official, town engineer, town administrator, or their respective designee in the enforcement or interpretation of this article may appeal such decision to the zoning board of adjustment. All such appeals shall be in accordance with section 6-105 of the zoning ordinance of the town, as amended.
(Ordinance 07-235, sec. 2 (5.307), adopted 5/23/07)
Construction site operators must, at a minimum, control waste such as discarded building materials, concrete truck washout water, chemicals, litter and sanitary waste at any construction site that may cause adverse impacts to water quality or the public health. This includes the following:
(1) 
Operators must keep solid waste materials in either a container or an enclosed waste collection area on-site that does not receive a substantial amount of runoff from upland areas and that does not drain directly to a water body, and prohibits pollutant runoff from the construction site.
(2) 
Chemicals, paint, petroleum, fertilizer and pesticides must be stored in a covered enclosure.
(3) 
Above-ground petroleum storage tanks must be placed in a bermed enclosure.
(4) 
Empty/unused chemical containers must be disposed of in accordance with label instructions.
(5) 
Potentially hazardous waste must be segregated from nonhazardous waste.
(6) 
Daily cleanup of the construction site must be undertaken to insure that all litter is contained in an appropriate enclosure or container so as not to accumulate on the ground.
(7) 
All construction site wastes must be disposed of at or in authorized disposal facilities.
(8) 
Recycling of waste materials is encouraged, where feasible.
(9) 
Concrete truck washout water must be contained on-site in a designated washout pit and concrete residue should be removed at the conclusion of construction.
(10) 
Construction sites must make provision for on-site sanitary waste facilities. Sanitary waste facilities shall be located a minimum of fifteen feet (15') from any storm drain inlet. In the event that other arrangements are made for on-site sanitary waste facilities, such arrangements must be approved by the building official or town administrator, or their respective designee, in advance of the commencement of any construction-related activities on a construction site.
(Ordinance 07-235, sec. 2 (5.302), adopted 5/23/07)
(a) 
All construction sites in the town shall be fenced so as to prevent litter or debris from the construction site from blowing onto adjoining properties.
(b) 
Construction site fencing shall not be installed in a manner to prohibit the safe and continued operation of the building in accordance with the building code. Required exits, existing structural elements, fire protection devices, and sanitary safeguards shall be maintained at all times.
(c) 
Construction site fencing shall not be installed in such a manner that it results in a diversion of water onto any adjoining parcel, tract, right-of-way, right-of-way easement, roadway easement and/or private street.
(d) 
Existing streets, public transportation stops, fire hydrants and/or public sidewalks shall not be enclosed by construction site fencing unless the building official or designee determines that the facilities are required to be fenced to protect the public health, safety or welfare.
(e) 
Construction site fencing shall not include barbed wire, razor wire, razor ribbon, concertina wire or similar features.
(f) 
All construction site fencing shall be built and maintained in good order and kept in a neat and undamaged condition.
(g) 
Construction site fencing may not be removed until approved by the building official or town administrator, or their respective designee. The owner or owner’s agent shall immediately remove the construction site fencing upon the approval of the building official, town administrator, or their respective designee.
(Ordinance 07-235, sec. 2 (5.303), adopted 5/23/07)
It shall be unlawful for any person to clean any truck or other vehicle, or any other equipment containing cement, concrete or other building material, upon any public street in the town, or to cast water containing any such materials into or upon any street, right-of-way, ditch, curb, sewer, culvert, gutter or drain or other public property in the town.
(Ordinance 07-235, sec. 2 (5.304), adopted 5/23/07)
It shall be unlawful for any person to mix or cause the mixing of concrete on any paved street in the town, except on a platform or in a box or other receptacle so constructed as to prevent such concrete from falling on the pavement.
(Ordinance 07-235, sec. 2 (5.305), adopted 5/23/07)
When any equipment is used on town streets which requires the use of stabilizing devices, such devices shall be equipped with street pads. The minimum size of the street pads shall be determined by the town engineer or town administrator, or their respective designee.
(Ordinance 07-235, sec. 2 (5.306), adopted 5/23/07)
(a) 
A construction site operator, at its expense, shall repair or have repaired all roadway and related damage that occurs or may occur as a result of its construction and construction-related activities in the town, including but not limited to road repairs, pavement repairs, driveway repairs, rutting and other damage to real property, mailbox repairs, tree, shrubbery and landscape repairs or replacement, right-of-way repairs, including any repairs to any utility lines that are damaged, and culvert and storm drainage repairs. A construction site operator may undertake such repairs through contractors, subcontractors or other third parties it may retain at its expense. All such repairs shall be timely performed and nothing herein shall relieve a construction site operator of obtaining all appropriate permits or licenses from the town to perform such repairs.
(b) 
All such repairs shall be completed prior to final acceptance of any subdivision, or any phase thereof, by the town and/or prior to the issuance of a “green tag,” certificate of occupancy or other permit that authorizes individuals to occupy residential or commercial structures. In the event that repairs have not been completed prior to the completion of the subdivision or construction for which a building permit is required, the town may withhold final acceptance of the subdivision or any phase thereof, and/or “green tags,” certificates of occupancy or any other permit that authorizes individuals to occupy residential or commercial structures, until such repairs have been completed in full.
(c) 
Certain repairs, including but not limited to those listed in subsection (a) herein, may require immediate attention due to the nature of the damage, the location of the damage, or the potential for greater and costlier repairs at a later date if immediate attention is not given to interim repairs. In such event, a construction site operator shall promptly and timely make interim repairs when requested by the town on behalf of the town or on behalf of a private landowner. Such interim repairs may include but are not limited to the rutting of yards and private property, damage to roadways, such as road subbase and related structural damage, damage to ditches and drainage areas, damage to utility lines and damage to driveways or mailboxes. In the event interim repairs are not promptly and timely undertaken, the town shall withhold any and all approvals, permits or inspections until such time as repairs are completed.
(d) 
In the event of a disagreement between a construction site operator and the town relative to the issues referenced in this section, the construction site operator and the town may select a mutually agreeable third party consultant, at the construction site operator’s cost, to hear and resolve any such disagreement. Nothing in this subsection shall preclude an appeal being taken by either the town or the construction site operator, pursuant to applicable appeal provisions contained in this section.
(e) 
Nothing in this section shall impair or otherwise repeal any town ordinances related to any required road usage and remediation agreement relative to access to a drill site, pursuant to the town’s oil and gas drilling and production ordinance, as amended.
(Ordinance 07-237, sec. 2, adopted 7/2007)