1300.01 Construction site management plan required for construction activities. A construction site management plan is required to be submitted to and approved by the city engineer as part of the building permit application under one the following conditions:

(1)

Construction activity encompassing more than one acre of land on an individual site or in a collective development;

(2)

Construction activity encompassing less than one acre of land but has been determined by the development services director to have special circumstances, i.e. construction in an urbanized high density area, that warrant the enforcement of one or more of the requirements identified herein.

The term "construction activity" includes the performance of any or all of the following: lot/site clearing, grading, excavating, paving, utility installation, stockpiling of soil or other materials, demolition, building construction or reconstruction, and building alteration or addition. Building permit applicants shall designate either a licensed contractor or owner-builder for the purposes of the construction site management requirements. These requirements set minimum standards for the operation of the project site to eliminate or minimize impacts to the site and to the neighborhood to include containment of sediment, surface water discharge, erosion of soil, vehicle parking and loading area, traffic control, fencing, placement of materials, safety, neatness and cleanliness.

1300.01.1 Submittal requirements. The contractor shall submit a construction site management plan with a building permit application which includes the following submittal requirements, unless waived by the city engineer:

(1)

Location of proposed construction activity.

(2)

Grading and drainage surface water management plan for street and project site, in compliance with subsection 1301.01.3.

(3)

Parking plan, demonstrating that adequate parking is available on-site for all construction personnel, in compliance with subsection 1301.01.4.

(4)

Fencing plan, showing location, height and type of fence with screening, or evidence that proposed construction does not warrant a construction fence in compliance with subsection 1300.01.6 of this section, as determined by the city engineer.

(5)

Location of construction trailers, loading/unloading area and material storage area.

(6)

Location of chemical toilets.

(7)

Location of dumpster(s).

(8)

Location of concrete washout area.

(9)

Location of temporary fuel storage tanks.

(10)

Proposed dust abatement methods, including the use of calcium chloride or other means of retaining material on-site and eliminating airborne particles.

(11)

Traffic control plan, showing access with dimensions, area to be stabilized, narrative on phasing of construction with provision of adequate parking and delivery of materials.

(12)

Other construction activities, where special conditions are identified by the city engineer prior to submittal and are of such character that may require unique preparation or remediation not otherwise anticipated in this section.

(13)

Proof of notice to owners of property within 300 feet of the outer limits of the subject property, as listed in the property appraiser's records, at least 21 days prior to commencement of construction. The proof consists of a list of property owners and addresses and a receipt or other proof of mailing. Notice is to include:

a.

A phone number for the contractor where a representative of the qualifier is available whenever construction activities are taking place on site and prior to a storm event.

b.

An approximate timetable for construction activities to include any demolition, excavation, or pile driving activities.

1300.01.2 Approval of plan; waivers. The city engineer or his or her designee shall review, approve or deny the construction site management plan. The city engineer is hereby authorized to grant waivers from submittal requirements and corresponding standards:

a.

If the requirement is unrelated to proposed development; or

b.

If the impact of the proposed development is negligible in that submittal requirement area.

1300.01.3 Grading plan; grading and surface water management standards.

(1)

Grading. The site shall be graded and maintained during construction:

a.

To prevent erosion of soil; and

b.

To control surface water discharge so that no water in excess of pre-construction discharge flows onto abutting property; and

c.

To provide positive drainage to an inlet structure in order to prevent accumulation of stagnant water for the duration of construction; and

d.

All grading shall be subject to compliance with permit requirements, where applicable; and

e.

Ground stabilization measures shall comply with NPDES permitting requirements and must be initiated within seven calendar days after construction activities have temporarily or permanently ceased for any portion of the site. Acceptable stabilization measures include one or more of the following methods, subject to approval by the city engineer:

1.

Temporary seeding.

2.

Permanent seeding.

3.

Geotextiles.

4.

Sod stabilization.

5.

Vegetative buffer strips.

6.

Protection of trees.

7.

Preservation of mature vegetation.

8.

Other acceptable ground stabilization measures.

(2)

Sediment fence. Unless a waiver is obtained from the city engineer, the contractor shall install a sediment fence to protect adjacent properties, including lakes, canals, and all other waterways, from discharges of soil, sediment, or construction-related material from the site.

(3)

Maintenance. The contractor shall inspect and maintain all erosion and sediment control practices until construction is complete and the construction site is stabilized. A fence installed to maintain sediment control shall remain in an upright condition until final site completion.

(4)

Final grading. Final grading of the site shall be in compliance with the construction site management plan. The design shall ensure that no surface water in excess of the pre-construction amount shall flow onto abutting or adjacent properties. The design shall also ensure that the discharge of surface waters shall be off-site into an approved stormwater system. Furthermore, in cases where one builder is constructing new homes on adjacent lots, a certificate of occupancy will not be issued for a home if a silt fence is not properly installed on adjacent lots under construction by the same builder.

(5)

Surface water. Surface waters, including dewatering, shall be directed into an on-site settling basin or otherwise filtered before discharge off-site, in compliance with all applicable permit requirements. Off-site discharge shall be directed to an approved surface water management system during construction and upon final grading of the project site in compliance with all applicable regulations. The contractor shall be responsible for removal of any silt, debris, and dirt that accumulates within the surrounding stormwater management system, regardless of jurisdiction, including swales, stormwater retention lakes, ponds, canals and waterways. Discharges of sediment into waters in the State of Florida is detrimental to water quality and is a violation of these Land Development Regulations and may result in enforcement action by the St. Johns River Water Management District, the state department of environmental protection and/or the city. Discharge of water from swimming pools under construction or completed into ponds, lakes, canals and waterways is prohibited.

1300.01.4 Construction parking.

(1)

Parking on-site. The owner or contractor shall provide for parking on the project site to accommodate all construction personnel. Alternative parking sites may be submitted for consideration by the city engineer, and may include the abutting right-of-way, adjacent vacant lot, or off-site parking lots in the immediate area, subject to the city's review and approval as part of the construction site management plan.

(2)

Access. Use of the public right-of-way for access to and from the project site as shown on the construction site management plan shall be strictly managed by the contractor. The contractor shall maintain the public street(s) adjacent to the project site free of dirt, sand or any other debris resulting from construction activities. The public right-of-way adjacent to the project site shall be broom swept on a regular basis keeping it free of dirt, sand and other debris. Failure to remove said material on the day of occurrence is a violation of these land development regulations.

(3)

Temporary graveled or stabilized area for construction access and parking. The contractor shall provide a graveled or stabilized area as shown in the construction site management plan. The stabilized area shall be located at points where vehicles enter and exit the construction site and the parking location. When a right-of-way area is used for parking, the contractor shall provide a paved or stabilized area on the right-of-way. Upon completion of the project, the contractor shall restore the right-of-way to its original condition or better. The purpose of the paved or stabilized area at the entrance to the project site is to eliminate and reduce tracking or flow of sand, mud, concrete wash or other related material onto the right-of-way.

(4)

Parking in the right-of-way. If the construction site management plan illustrates proposed parking in the right-of-way, the application shall be accompanied by a city right-of-way permit. A construction site supervisor must be present whenever parking or deliveries occur in the right-of-way to ensure that vehicles do not limit access on the right-of-way and no damage occurs to the right-of-way or adjacent properties. The owner and contractor shall assume responsibility for any damage, shall immediately inform the city engineer of such, and shall take steps to correct the damage immediately. Use of the city right-of-way for parking is entirely at the city engineer's discretion. At no time shall construction equipment/material delivery vehicles be permitted to stop within roadway travel lanes for loading or unloading.

(5)

Off-site parking. The city engineer may temporarily permit off-site parking on vacant lots other than the project site with the written permission of the owner of the lot where the vehicles are to be parked and in compliance with the following standards:

a.

Compliance with the construction site management plan.

b.

The lot shall be used for parking only.

c.

There shall be no storage of materials, trailers or construction equipment on the lot.

d.

There shall be no loading and unloading of materials or machinery on the lot.

e.

The lot shall remain free of debris or trash.

f.

A temporary six-foot chain link fence with a single color fabric or other screening materials as approved by the city engineer shall be located at the front, side, and rear lot line of the temporary parking area except where a lot line is located on the water. Where a lot line is along the water, the fence shall be placed no closer to the water than the yard setback line and shall not exceed three feet in height. The fence gate shall remain locked during non- working hours. The fencing shall remain on-site until the off-site parking is no longer needed to complete the project site and shall be removed prior to issuance of a certificate of occupancy for the project site.

g.

The lot is subject to final inspection and approval by the city engineer.

1300.01.5 Material storage. Material associated with the project site, including equipment, shall be neatly stored on the site (within the fenced area when applicable). The storage of material shall not obstruct access to the structure under construction or create a public safety hazard. All loading or unloading of materials and/or equipment is limited to the construction site.

1300.01.6.1 Construction fencing. All construction sites requiring a construction site management plan, excluding sites for the construction or modification of one single-family home, are required to install a construction fence, which means a temporary six-foot chain link fence with a single color fabric. The fence and screening must be installed prior to construction, including any sitework, and remain in place, upright and in good repair throughout the construction process. Construction fencing shall be installed on the front, side, and rear property lines prior to commencement of any construction, subject to the exceptions listed below. Fencing may be removed upon final sitework completion, or upon replacement with a permanent fence or wall.

(1)

Exception from six-foot height requirement.

a.

Where a construction fence is required and the property line is located on the water in any residential zoning district, that portion of the construction fence along the water may be eliminated.

(2)

Exception to installation of construction fence. The city engineer may waive the requirement for all or a portion of the construction fence, but retains the right to require a construction fence at a later time.

(3)

Installation. Installation of a construction fence shall occur prior to any construction activity or material deliveries, and shall be inspected by the city engineer. The fence shall not be placed so as to create a public safety hazard. Where the project site is enclosed by a fence, the fence gate shall be locked during non-working hours.

1300.01.7 Signs. A 12-inch by 18-inch sign shall be posted by the contractor on the project site in the location approved on the construction site management plan which is readable from the street. The sign shall contain the street address of the property and emergency phone number for the contractor. This sign shall be maintained in a readable condition until completion of construction. No permit is required for this sign.

1300.01.8 Site cleanliness. The owner or contractor shall maintain the entire construction site clean and free of debris at all times. Clean for purposes of this section means, without limitation, removal and placement into a dumpster of scrap lumber, concrete remnants and roof tile from the project site. The project site shall be free of all loose debris such as cans, metal, plastic and paper.

1300.01.9 Temporary trailers. When a temporary trailer is proposed and a construction fence is required, it shall be located on the project site within the fenced area at the location shown on the construction site management plan.

1300.01.10 Chemical toilets. Chemical toilets shall be located inside the project fence and accessible for servicing. Where a fence is not required, the contractor shall locate the chemical toilet facing towards the rear of the project site and no further than 15 feet from the structure under construction except where another location has been authorized by the city engineer due to the size of the lot and ease of access to the chemical toilet.

1300.01.11 Landscaping. Damage to any landscaping on an adjacent property as a result of the construction shall be replaced and restored at the contractor's expense to its original condition. Failure to replace and repair is a violation of these land development regulations. Damage or removal of any trees shall comply with the city's tree replacement and mitigation requirements.

1300.01.12 Dumpsters. Construction site dumpsters shall be located inside the fenced area. Where a fence is not required, dumpsters shall be located on the project site. The dumpster shall be emptied in a timely fashion so there is no overflow of debris or litter. Prior to a certificate of occupancy being issued, the dumpster shall be removed from the site.

1300.01.13 Permitted days and hours for construction work. The provisions below shall apply to all construction work, including on sites less than one acre in size.

(1)

All construction work, including the loading and unloading of equipment and materials, shall be from 7:00 a.m. to 7:00 p.m., Monday through Friday, on Saturdays from 8:00 a.m. to 6:00 p.m., and on Sundays from 11:00 a.m. to 6:00 p.m.

(2)

No work may be conducted on New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day or Christmas Day.

(3)

Special construction activities. Pile driving and steel erection activity shall be limited to Monday through Friday, excluding federal holidays, during the hours between 8:00 a.m. until 4:00 p.m. Demolition activity shall be limited to Monday through Friday, excluding federal holidays, during scheduled work hours between 8:00 a.m. and 6:00 p.m.

(4)

Permit for work during prohibited hours. Any person may apply to the city engineer for a permit to operate during the hours or days prohibited under this section. If the city engineer or his designee shall determine that substantial loss or substantial inconvenience would result to any party in interest, and that the public health and safety will not be impaired by such operation, a permit may be issued which would allow work to occur during hours or days otherwise prohibited by this subsection. A notice of permit approval shall be provided by the contractor to adjacent property owners, upon request by any adjacent property owner. The permit shall not exceed three days in duration, but may be renewed from time to time for a like period so long as the circumstances described in this subsection continue to exist.

(5)

Emergency and special types of construction. Where ordinary and necessary trade or engineering practices or an emergency require the continuous operation of pumps, well points, dredges, draglines and other machinery of a like nature during the otherwise prohibited hours, the city shall be notified as soon as possible and a permit shall be obtained. In such situations, the operation during prohibited hours shall not constitute a violation of this subsection. It is not the intent of this subsection to require poor or wasteful engineering or building practices in order to comply herewith. Pumps used within 1,000 feet of existing occupied residential properties shall have sound attenuated enclosures and be located as far away as possible from existing residences.

1300.01.14 Construction-related traffic control. A contractor, owner, vehicle operator or any person associated with the project site who impedes or obstructs the public right-of-way; or who parks, loads, unloads, or carries on any related activity on the public right-of-way shall be considered in violation of this section and subject to a stop work order, and the permit is subject to suspension or revocation.

1300.01.15 Compaction methods. The use of dynamic, vibratory, or eccentric compaction methods are subject to the review and approval of the city engineer, in advance of use. If the city engineer determines that the contractor's compaction methods are detrimental to surrounding properties, the contractor shall modify the compaction methods as needed.

1300.01.16 Material stockpile heights. On-site material stockpiles shall not exceed 20 feet in height as measured from the existing natural grade, unless otherwise approved by the city engineer.

1300.01.17 Requirements during weather emergency. It is the responsibility of the owner and contractor to have construction materials removed from the project site or secured at the project site at least 72 hours prior to the predicted landfall of a tropical storm or hurricane.

(1)

Applicability. At least 72 hours prior to the predicted landfall of a tropical storm or hurricane for any portion of Volusia County, as determined by the National Weather Service, National Hurricane Center or appropriate weather agency or as provided in the city's emergency plan; or upon order of the city engineer in anticipation of a storm emergency; all construction materials, including roof tiles, on all project sites within the city shall be secured and stored on-site in a safe manner or removed so that no material can become a safety hazard with hurricane or tropical storm force winds.

(2)

Notice. Media broadcasts or notices issued by the National Weather Service or National Hurricane Center of an approaching tropical storm or a hurricane is hereby deemed notice to the owner or contractor. The owner and contractor are responsible for the project site and must secure on-site or remove from the site any construction materials or debris in order to protect against the effect of hurricane or tropical storm force winds. By holding a building permit during hurricane season, the contractor agrees to monitor the National Weather Service and the National Hurricane Center for weather emergencies.

(3)

Inspection. A pre-storm inspection shall be required for all active construction sites involving exterior work and/or exterior storage of materials. The owner and contractor shall be responsible for insuring that the construction site has passed inspection prior to the issuance of a tropical storm warning or hurricane warning. The owner or contractor shall be available by phone until the site has passed the pre-storm inspection. Failure to properly secure a job site and pass inspection will be considered a violation of this article. The city may recover as costs of repairs or compliance the costs associated with securing job sites that have not complied with this section in addition to any fines imposed by the code board, and such costs shall constitute a lien on the property.

(4)

Materials stockpiled on-site. Materials stockpiled on any construction site shall be handled as follows:

a.

Band construction materials together and fasten them to the structure in such a manner to prevent the material from becoming airborne during a tropical storm or hurricane; or

b.

Remove construction materials from the top of the structure and secure them to the ground; or

c.

Remove construction materials from the project site; or

d.

Store construction materials inside a structure if said structure is secure from tropical or hurricane force wind loads.

e.

Remove or secure any temporary signage not designed to meet hurricane wind loads.

(5)

The contents of construction site dumpsters must be removed or weighted and secured with rope, mesh or other durable, wind resistant material.

(6)

Portable toilets shall be secured to the structure, dumpster or emptied and laid horizontal and secured to the ground.

(7)

During the National Weather Service designated hurricane season, building or roofing materials shall not be loaded on a roof earlier than ten working days prior to the permanent installation of the materials.

(8)

Material capable of becoming airborne. Construction materials, debris or any material capable of becoming airborne shall remain secured and stored on the project site or shall be removed from the project site until the National Weather Service, National Hurricane Center, or the city through local action has removed all persons of the city from those areas included in a tropical storm warning or hurricane warning. Construction shall not resume on any construction site until the site is brought into compliance with the construction site management plan.

(Ord. No. 60-19, § 1(Exh. A), 10-8-2019)