2025-01-Code Amendment- Construction Site StandardsORDINANCE NO. 2025-01
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, AMENDING CHAPTER 6, "BUILDINGS AND
BUILDING REGULATIONS," OF THE VILLAGE CODE OF ORDINANCES BY
ADOPTING A NEW ARTICLE VI, "CONSTRUCTION SITE STANDARDS;"
PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village's Code of Ordinances does not specifically regulate the obligations of
property owners and contractors as they relate to active construction sites, and the Village Council
wishes to adopt construction site standards for all properties within the Village; and
WHEREAS, the Village Council determines that adoption of this Ordinance is in the best interests of
the health, safety and welfare of the Village and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby amends Chapter 6, "Buildings and Building Regulations,"
by adopting a new Article VI, "Construction Site Standards," to read as follows (additional language
underlined):
ARTICLE VI. CONSTRUCTION SITE STANDARDS
Sec. 6-161. Purpose applicability.
(a) The purpose of this article is to establish standards and regulations
applicable to all active construction sites within the corporate limits of the village.
As used in this article, the term construction shall include lot clearing,
grading, stockpiling of soil, and the construction, demolition, reconstruction, and
alteration of buildings and structures.
Sec. 6-162. Joint responsibility.
It shall be the joint responsibility of both the owner of the property upon which
construction is occurring and the contractor performing the construction activities to
ensure compliance with the standards and regulations set forth in this article.
Sec. 6-163. Standards and reizulations for construction sites.
(a) All adjacent public and private rights-of-way shall remain free at all
times of construction waste, trash, or other materials, such as liquid or particulate
matter, associated with the construction activity.
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(b) All vehicles associated with construction activity, including vehicles
utilized by construction personnel, shall be parked completely on the construction site.
On-site parking areas must be completely off the pavement and covered with suitable,
compacted material to prevent dirt and mud from being tracked or washed onto
adjacent streets and properties. If the construction site cannot accommodate the
parking of vehicles, the contractor may request permission from the building official
to locate such vehicles on the portions of the right-of-way immediately adjacent to the
construction site. In no event shall construction vehicles be parked in any portion of
the right-of-way, including the swale area, overnight between the hours of 8:00 p.m.
and 7:30 a.m.
(c) Any road closure requests associated with construction activity on
private property shall be reviewed and approved by the public works department, the
police department, and the fire rescue department. All requests shall be made seventy-
two 72, hours prior to the road closure, and all fees associated with the road closure
shall be paid prior to the road closure. Written notification of any road closure shall
be provided to affected residents.
(d) All waste, trash, or other materials, such as liquid or particulate matter
associated with the construction activity, shall be contained on the construction site.
Construction waste and trash shall be secured within an enclosed containment
structure. In the case of stockpiled particulate materials, such materials shall be
stabilized in a manner satisfactory to the building official.
(e) All surrounding areas affected by dust, dirt and debris from the
construction site shall be swept clean each day. The building official shall require an
erosion control plan and/or a construction screening plan. Adjacent or nearby catch
basins shall be equipped with filtration media beneath the grate or other mechanisms
to prevent the deposit of eroded sand, dirt, and other materials inside the basin.
(fl Any pool under construction shall be kept clean of any debris until such
time as the pool is properly filtered. All sitting water in pools under construction must
be properly treated to eliminate algae and insects. Where it is necessary t�pty the
water from an existing pool, the water may not be discharged directly into the street
but shall be discharged on the property at a slow rate to allow percolation of the water
to the greatest extent possible.
(g) When the cutting and finishing of concrete, tile, brick, stone material,
fiber cement, gunite, or other materials that create dust or airborne debris is occurring
on the construction site, all airborne dust or debris shall remain on site through the use
of wet saws, vacuums, screening, and/or any other effective means.
(h) Sufficient toilet facilities shall be provided for all workers during the
entire construction period as deemed adequate by the building official. If a temporary
structure/building is used for that purpose, its construction, location, and operation
shall be approved by the building official. Such temporary structure/building shall not
be placed in the public right-of-way and shall be effectively screened from all adjacent
rights-of-way and adjoining properties by the temporary construction fence or by
walls, hedges, buildings, or any other method approved by the building official.
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(i) A temporary construction fence shall be required for all construction
sites, except for renovations to existing residential dwellings in the R-1 and R-2 zoning
districts where the total cost of the improvements is less than fifty percent (50%) of
the market value of the structure, subject to the following requirements:
Temporary construction fences shall be six (6) feet in height and shall
be constructed of chain link with screening material, as approved by
the building official. Screening material shall be of one single color,
green or black, without any signage, artwork, or pictures, and shall be
maintained in good condition without visible rips or tears. Wind
screening materials shall be removed upon the issuance of a hurricane
or tropical storm warning impacting the village and shall be reinstalled
no later than ten (10) days after the storm threat has ended.
(22,) Gates shall be secured and locked when workers are not located on the
construction site.
Temporary construction fences shall not be erected until the village has
issued a demolition permit or building permit for the construction
activity and shall not require a separate building permit for the fence.
(4) All construction activities, as well as all dumpsters, portable toilets,
storage facilities, materials, and all other items relating to construction
shall be located inside the temporary construction fence area.
(5) No temporary construction fence may encroach beyond the property
line.
All construction materials on site shall be proberly secured and fastened
upon the issuance of a hurricane or tropical storm warning impacting the village and/or
notification that the village has declared a state of emergency. Any roof tiles placed
on the roof but not yet fastened before the issuance of a hurricane or tropical storm
warning shall be removed from the roof or properly secured and fastened.
(k) Any vehicles delivering or picking up materials from the construction
site shall not obstruct the normal flow of traffic for more than ten (10) minutes. In the
event traffic will be obstructed for more than ten (10) minutes, a flag person shall be
on site to assist in the safe passage of motor vehicles for the duration of the obstruction.
(1) All construction activities comply with the permissible times set forth
in section 19-105 of this code.
(m) All construction signs shall comply with the village's sign regulations.
Sec. 6-164. Violations and enforcement.
(a) The provisions of this article may be enforced through the initiation of
code enforcement proceedings pursuant to article iv, chapter 2 of this code or through
any legally available means for enforcement of the village's codes.
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(b) In addition to code enforcement proceedings, the building official maX
issue a stop work order for violation of this article. Prior to the issuance of a stop work
order, the building official shall, where practicable, attempt to provide a verbal or
written notice to the property owner and any contractor engaged in construction
activities. That notice shall specifically establish a time period for correction of the
violation-
(c)
iolation_
(c) In the event the village takes emergency action to secure a property or
construction materials in violation of this section, the property owner shall be
responsible for all costs associated therewith and shall be billed for all charges
expenses incurred by the village.
Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the
Village of North Palm Beach, Florida.
Section 4. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for
any reason held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such
holding shall not affect the remainder of this Ordinance.
Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
Section 6. This Ordinance shall take effect immediately upon adoption.
PLACED ON FIRST READING THIS 12TH DAY OF DECEMBER, 2024.
PLACED ON SECOND, FINAL READING AND PASSED THIS 9TH DAY OF JANUARY, 2025.
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;•� MAYOR
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ATTEST:
/) VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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