It shall be unlawful and punishable as a class C misdemeanor for any person, firm, public utility, public agency, corporation, or other type of entity, to engage in any construction activity without complying with the provisions of this chapter and preparing for approval by the City, a construction mitigation plan, hereinafter referred to as "CMP". It shall also be unlawful for any person hiring or directing another person, firm, entity, or corporation to perform the work without complying with the provisions of this chapter.

Emergency construction activity may be started without obtaining an approved CMP from the county if the reason for the construction activity is to prevent loss of life or damage to property which appears to be imminent if the action is delayed by waiting to receive approval of a CMP. In such emergency situations, those performing the work must contact the City office at the earliest possible time, but in no case later than the first working day following the emergency work. None of the provisions of this chapter are waived for emergency situations except for the requirement of obtaining an approved CMP in advance.

The CMP shall be executed by the owner or agents or assigns of the owner of the property on which the work is being done. In the case of work within a public right of way, the CMP shall be executed by an authorized officer of the firm, public utility, public agency or corporation actually doing the work. In the case of work within a private road or private road right of way, the CMP shall be executed by an authorized officer of the association responsible for the maintenance of the road.

All CMPs approved pursuant to this chapter shall be valid for a period not to exceed the permit issued in conjunction with the CMP. A copy of the CMP shall be available on site at all times when work is under way.

The following activities are exempt from the requirements of this chapter:

1. Actions by a public agency or utility, the City, the county, or other governmental agency to remove or alleviate an emergency condition, restore utility service, or reopen a public thoroughfare to traffic;
2. Actions by any person when the county determines, and documents in writing, that the actions are necessary to remove or alleviate an emergency condition, restore utility service, or reopen a public thoroughfare to traffic; and
3. Bona fide agricultural and farming operations which constitute the principal use of any parcel or tract of ground located in the county.

A review fee and inspection fee, in the current amount as set by resolution of the City council, shall accompany each CMP for approval. Fees must accompany the initial draft of the CMP.

The City engineer or the City Planner shall from time to time inspect or cause to be inspected, all work done pursuant to permits to ensure the enforcement of the provisions of this chapter. The applicant shall implement all recommendations of the inspector, to correct any construction impact not being mitigated per the approved CMP, or any impact not addressed or contemplated in the approved CMP.

An applicant submitting a CMP, whose application has been denied or approved with conditions, may appeal the denied or imposed conditions to the City council. A notice of appeal must be filed with the office of the City or City Planner within ten (10) days of the denial or imposition of conditions of the permit. The notice of appeal shall contain the following information:

1. An application with applicant's name, address and daytime telephone number;
2. A statement describing the basis for the appeal; and
3. The relief sought by the applicant

The appeal shall be scheduled on the next available county council meeting.

In the event of failure on the part of any person, firm, public utility, entity, or corporation to comply fully with the provisions of this chapter, law enforcement authorities of Oakley City are authorized to:

1. Initiate criminal action by citation or information under section 13-12-10 of this chapter and/or proceed to forfeit bond; or
2. Proceed to forfeit bond; or
3. Give written notice to such person, firm, public utility, entity, or corporation to restore the CMP. Such notice may be served either by personal service or by mailing the notice to the person, firm, public utility, entity, or corporation by certified mail and posting a copy thereof on such installation for a period of ten (10) days. If the CMP is not implemented or restored within ten (10) days after the notice is complete, said authorities may implement the CMP at the expense of the person, firm, entity, or corporation and recover costs and expenses, and also the sum of one hundred dollars ($100.00) for each day the CMP was not in effective operation after notice was complete, in an action for that purpose; or
4. If such person, firm, public utility, entity, or corporation refuses to implement a CMP, said authorities may bring an action to abate the same as a nuisance, and if judgment is recovered by said authorities, there shall also be recovered, in addition to having the same abated, the cost of action and the sum of one hundred dollars ($100.00) for every day such nuisance remained after written notice prescribed in subsection C of this section.

1. Any person who violates the provisions of this chapter is guilty of a class C misdemeanor, punishable by a fine not to exceed seven hundred fifty dollars ($750.00) per day, or a jail term of up to ninety (90) days, or by both such fine and jail term.
2. Violators of this chapter are also subject to any penalties that may be imposed by the state of Utah, or the federal government.
3. In addition to any criminal fines and/or penalties which may be assessed for a violation of this chapter, Oakley City shall have the right to issue a stop work order on the entire construction site, and/or install or maintain appropriate CMP measures on any site which is required to have such measures in the event that construction activity is commenced or continued without such measures having been installed or required by this chapter. Oakley City shall have the right to have such measures installed and maintained by county personnel or to hire a private contractor to perform such work at the expense of the permittee, property owner, developer or contractor responsible for such measures. The City may assess said expenses against the bond posted by the permittee.
4. It is unlawful for any person, firm, public utility, public agency, entity, or corporation to continue any further work on the construction site after a stop work order has been issued. A violation of a stop work order is punishable as a class C misdemeanor.
5. Oakley City may also pursue civil remedies for violations of this chapter.

Specific standards and requirements for the enforcement of this chapter are as follows:

1. General:
   1. Purpose: The purpose of this section is to provide a construction mitigation plan (CMP) instruction manual. The manual is designed to provide a consistent policy under which certain physical aspects of construction mitigation will be implemented to minimize project impacts to the public. The elements contained in this document are related to the development process, however, it is intended that they apply to both public and private work designated herein. These standards cannot anticipate all situations. They are intended to assist, but not be a substitute for competent work by design and construction professionals. All construction management practices must be consistent with all development project and construction "permit" approvals. It is not the intent to limit any innovative or creative efforts that could result in better quality, greater cost savings, or both. Any proposed departure from the manual will be judged on the likelihood that such variance will produce a comparable result, adequate for the user and City resident over the duration of the improvement/project. If the project changes ownership or contracting services change, the City engineer and City Planning department must be notified and an amended CMP submitted and signed by the new owner/contractor. Any other departures from the approved CMP must be submitted in writing and approved by the City engineer and Planning department. The approved CMP must be kept on site.
   2. Applicability: This chapter applies to all development projects and construction projects requiring a development, construction or building permit from the City and which is within the limits specified in Table 1 of this subsection. All such projects must submit a construction management plan in accordance with these instructions prior to project approval or permit issuance.
      
      TABLE 1
      
      

      Category of Work	Parcels Less Than 1/2 Acre	Parcels Between 1/2 and 1 Acre	Parcels Greater Than 1 Acre
      On site Excavation	500 cu. yds.	750 cu. yds.	1,000 cu. yds.
      Imported Fill	100 cu. yds.	250 cu. yds.	500 cu. yds.
      Area of disturbance	Up to 0.5 acre	Up to 1 acre	Over 1 acre
      Size of commericial and residential additions and/or renovations	Over 1,000 sq. ft.	Over 1,500 sq. ft.	Over 2,000 sq. ft.
      New commercial and multi-family construction	All	All	All
      New residential construction	All	All	All

   3. Definitions and Terms:
      BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the state. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, waste disposal, or drainage from material storage. CODE ENFORCEMENT OFFICER: Enforces this code and his/her duties include assisting with the CMP implementation and may include building and public works inspectors. COMMERCIAL: An enterprise or use that is carried on for profit by the owner, lessee or licensee. CONSTRUCTION MITIGATION OFFICER: A designated employee of the City whose charge is to ensure that all aspects of a CMP are followed, and to further ensure that the impacts associated with construction activities within the City are effectively managed and impacts associated with those projects are the least necessary to accomplish the project. CONSTRUCTION MITIGATION PLAN ("CMP"): A combination of diagrams, documents, drawings, and specifications that clearly define the steps that will be taken to demonstrate how the construction impacts to the community and the environment will be minimized and managed. DISTURBANCE AREA: A portion of land where vegetation, topsoil or other native soils have been removed for purposes of construction or development. FINAL STABILIZATION: Uniform vegetative cover that has been established with a density of at least seventy percent (70%) of pre-disturbed levels. MULTI-FAMILY RESIDENTIAL: Building or structure intended as a dwelling for three (3) or more units. RESIDENTIAL: Building or structure intended as a dwelling for less than three (3) units. SITE PLAN: A drawing that depicts the existing and future condition of the parcel or property, including, but not limited to, topography, drainage, floodplains, wetlands, waterways, roads or accesses, and structures.
2. Project Description:
   1. Description: The CMP shall include a brief overview of the construction project including background information, proposed development type, and general project information. The CMP shall also describe any possible adverse effects to the public, such as interruptions to utilities, traffic impacts or impacts to the general environment.
   2. Project Location: A project vicinity map shall be included in the CMP. The map should accurately depict general project location. The approved project site plan shall be considered a part of the CMP. The relevant parts of the CMP shall be included on the site plan.
   3. Disturbance Area: The project site plan shall graphically describe the limits of disturbance and include a summary of the project disturbance area (shown by construction phase). Soil disturbance shall be kept to a minimum. Construction staging and phasing shall occur, where applicable, to minimize soil disturbance time. All disturbed areas shall be revegetated as soon as possible.
3. Project Documentation:
   1. Permits: The contractor shall maintain all applicable local, state and federal licenses and permits that apply to the construction project. Applicant shall provide a list of all related permits both applied for and received.
   2. Public Notification: For all nonresidential projects exceeding the limits set forth in table 1 of this section, the contractor shall develop a neighborhood notification plan. Public notification shall be sent to or delivered to all property owners within one thousand feet (1,000') of the proposed project. The notice shall address project phasing, schedule, traffic and/or pedestrian concerns, and hauling/staging operations. Neighborhood notifications shall take place periodically, throughout the duration of the project, in the event that there are any changes to the CMP, or as may be required by the county. The neighborhood notification shall contain the following information:
      1. Project name and address.
      2. Name, address and phone number of the project supervisor/manager responsible for the project. Include name and phone number of the party to call in case of an emergency if different than project supervisor/manager.
      3. Project description (a brief summary).
      4. Anticipated schedule, including beginning and completion dates.
      5. Project phasing, if applicable.
      6. Traffic/pedestrian and staging impacts. For all nonresidential projects that require a CMP, or if otherwise requested by the county, a preconstruction meeting shall occur. The purpose of the meeting is to discuss the project CMP. The developer, project engineer, contractor and applicable subcontractors shall be required to attend the meeting.
   3. Project Information Sign: For all nonresidential projects exceeding the limits set forth in table 1 of this section, and if the anticipated project duration will be greater than thirty (30) days, a project sign shall be constructed and posted on the project site and include:
      1. Project name and address.
      2. Building permit number or development permit number.
      3. Name, address and phone number of the general contractor.
      4. Name, address and phone number of the project supervisor/manager responsible for the project.
      5. Name and phone number of the party to call in case of an emergency. The sign shall be posted on the subject property, in a location outside the street right of way, where the sign is readable from the street. The proposed sign location shall be shown on the project site plan. The sign shall not exceed twenty (20) square feet in size and six feet (6') in total height. The sign must be legible from the street, however, the lettering shall not exceed six inches (6") in height.
   4. Contact Designation: The plan shall have a contact list with associated phone numbers located at the front of the document. The list will include, but not be limited to: the owner, contractor, designated overall site supervisor, a safety supervisor, a traffic control supervisor, and an erosion control supervisor. Other information shall include applicable City phone numbers, fire department, sheriff's department, school district, Blue Stake Center, and all applicable utility company contact information. The contact list should also include hospital contact information and the emergency 911 reminder.
4. Project Implementation:
   1. Dates of Construction: An anticipated project schedule, including dates, shall be specified in the CMP and include all project phasing, with itemized project details and specific item completion dates.
   2. Hours of Construction: Construction hours shall be limited to seven o'clock (7:00) A.M. to nine o'clock (9:00) P.M. Monday through Saturday and nine o'clock (9:00) A.M. to nine o'clock (9:00) P.M. on Sundays.
   3. Adjoining Properties: No person shall excavate on land close enough to a property line to endanger any adjacent public street, sidewalk, other public or private property, or easement, without supporting and protecting the property from any damage that might result from construction operations. Any work being performed within the City right of way shall comply with this code.
   4. Project Fencing: To the extent that a building or development envelope is designated on a recorded subdivision plat, the building or development envelope shall be staked on the ground prior to any construction activity. The corners of the building or development envelope shall be staked with a four-foot (4') steel fence post. Appropriate construction fencing shall be installed around the perimeter of the building or development envelope. Fencing shall remain in place until the certificate of occupancy is issued, and/or the site is fully revegetated or otherwise permanently stabilized. Road construction or reconstruction projects shall not be required to install construction fencing around the perimeter of the project, however appropriate sediment control measures shall be installed and all areas of disturbance shall be revegetated as soon as possible. Any staging area established during the course of a road construction project shall be appropriately fenced as described above.
   5. Natural Environment: Project construction shall be designed to minimize impacts to the natural environment. All riparian and wetland areas shall be identified on the site plan which is part of the CMP, and the CMP shall identify the measures proposed to be taken to protect such riparian and wetland areas. All required protection measures shall be in place prior to the commencement of any construction or demolition activities. The proposed CMP shall be consistent with all land use approvals and the desired character of existing land use in the surrounding area, including, but not limited to, land form, slope, plant materials and berming.
5. Parking Management:
   1. Emergency Vehicle Access: The contractor shall maintain continuous emergency vehicle access, on and around the project site, including, but not limited to, police, fire, ambulance and snowplow services.
   2. Construction Parking Details: Except where on street parking is specifically approved by a development agreement and is so designated on an approved site plan or subdivision plat, there is no parking allowed on City roads or within the City right of way from November 15 through April 15. From April 16 through November 14, vehicles shall not be parked in such a manner as to obstruct the flow of traffic. Two-way traffic shall be maintained at all times unless an approved lane/road closure permit is obtained from the City engineer. If a lane/road closure is anticipated for any phase of construction, a traffic control plan shall be submitted in the CMP. These parking requirements shall be noted in the CMP. Realistic and sufficient on-site parking locations shall be designated and made continually available for all craftsmen, laborers, subcontractors, and contractors involved in the construction process. The City encourages use of public transportation, vanpooling and careful staging of subcontractors as a means to eliminate impacts of the project construction upon the public and private streets.
   3. Staging Areas: The CMP shall specify construction staging area locations. All staging must occur within the approved development envelope(s). On site staging areas shall be shown on the project site plan. The CMP shall address delivery and construction vehicle staging for the duration of the project. The staging plan shall estimate the number of truckloads, number of heavy equipment deliveries, etc., expected and their timing and duration for each stage of the project. Deliveries and heavy equipment that may negatively impact public or private streets shall be subject to timing management and traffic directing personnel. City personnel may limit project staging locations, number of trucks, and duration of operations depending on project location, site surroundings and negative impact upon the community. The CMP shall include the staging location of any cranes, concrete pump trucks or other equipment. All applicable county right of way permits for the staging of cranes, concrete pump trucks or other equipment in the right of way, however temporary they might be, shall be obtained from the City office prior to arriving on the project site.
   4. Construction Trailer, Materials Storage, And Waste Management: Construction trailers, job materials storage, portable/temporary restrooms, concrete wash-out area(s), and waste management and recycling container locations shall be clearly designated on the project site plan. All construction related equipment must remain within any designated building envelope. All nonresidential construction sites are required to have a recycling plan and shall have recycling receptacles for cans, bottles, and also for cardboard and other recyclable materials per the approved recycling plan. All construction sites are required to have a separate dumpster/receptacle for all "municipal garbage" and nonrecyclable items intended for the landfill. All construction waste and recycling containers shall be adequately covered at all times until transferred to the landfill or recycling center. The applicant shall prevent any accumulated debris, litter, or trash on any construction site or to allow the same to blow or scatter onto adjoining properties. The CMP shall specify a minimum interval for general site cleanup. Recycle Utah has a recycling bin lease program that may be utilized for construction projects. For details, contact Recycle Utah, or visit http://www.recycleutah.org/lend-a- bin_program.html.
6. Traffic Control:
   1. General: All traffic control operations shall be governed by the most current edition of the "Manual on Uniform Traffic Control Devices for Streets And Highways" (MUTCD) and managed by the designated traffic control supervisor. Traffic control personnel shall wear clothing designating them as traffic control, per the MUTCD, and shall be able to successfully converse with the public.
   2. Haul Routes: The CMP shall specify all public or private streets which may pose a potential challenge to the delivery of materials and/or equipment and which would have an impact on normal traffic flow. The CMP shall identify how these challenges will be mitigated.
   3. Vehicle Limitations: Maximum vehicle weights and sizes shall be specified in the CMP and be in compliance with Utah state law (may reference the Utah motor carriers website at http://www.utahmc.com/trucking_guide/) and as may be otherwise restricted by this code.
   4. Delivery Requirements: The CMP shall address the maximum number of delivery vehicles on site at any one time, along with the hours the deliveries will occur, staging locations, and any exceptions to the delivery schedule. The CMP shall address any traffic management challenges related to building material deliveries, such as multiple deliveries of concrete, earth, aggregate, lumber, etc.
   5. Traffic Control Plan: When applicable, or when required by the City, a complete traffic control plan (TCP) shall be submitted as part of the CMP. The TCP shall be completed by a certified traffic control supervisor and must conform to the most current edition of the "Manual on Uniform Traffic Control Devices for Streets And Highways" (MUTCD).
7. Pedestrian Protection: The CMP shall address pedestrian safety utilizing the MUTCD (chapter 6D), the Americans with disabilities act, and IBC chapter 33. If the proposed development is affecting open space and/or public trails, the appropriate agencies shall be notified and all required signage shall be installed.
8. Sediment and Erosion Control Plan: A stormwater pollution prevention plan (SWP3) and erosion control plan (ECP), in accordance with chapter 13 of this Title, must be submitted with all projects involving the disturbance of existing soils or vegetation. The SWP3 and/or ECP must be maintained until revegetation surface coverage is at least seventy percent (70%) of pre-disturbance levels, or until permanent physical erosion reduction methods have been employed. If the area of disturbance is equal to or greater than one acre a Utah state stormwater permit (SWMP) is required.
9. Sanitary Facility Plan: Portable toilets shall be provided during construction. The toilets will be located outside the adjacent road right of way in a manner that will prevent tipping. The toilets will comply with OSHA standards and regulations for the construction usage demand for the site. A licensed sanitary contractor will provide regular servicing of the portable toilets. All spills will be cleaned up and removed from the site by a licensed sanitary contractor. Portable toilets will be available on site until there is no longer a construction demand for them.
10. Fugitive Dust Control Plan: If the project has the potential to degrade air quality or to create a nuisance for adjacent properties or roadways as a result of blowing dust, a dust control plan shall be included in the CMP. In addition, certain activities are regulated by the Utah division of air quality, and may be subject to a permit from the state of Utah. Contact the Utah division of air quality for details and requirements.
11. Noise Control Plan: All construction activity shall comply with applicable noise regulations of this code. All construction equipment shall be adequately muffled and maintained to minimize project noise. Any noise above sixty-five (65) decibels violates this code, as well as any excessive or unusually loud noise that is plainly audible beyond the property line or outside the hours of operation. The City engineer or the building official may authorize extended hours, upon written request, for construction operations or procedures which, by their nature require continuous operations. Such operations or procedures should be contemplated and addressed in the CMP.
12. Temporary Lighting Plan: If the project anticipates working during nighttime hours and temporary lighting is required to facilitate safe construction activity, a temporary lighting plan shall be submitted. The plan shall propose the minimum amount of light necessary for safe operations. All lighting shall be directed away from existing residential areas and from any public or private street to the maximum extent practicable.
13. Snow Storage Plan: Adequate area(s) for the snow storage (i.e., snow that accumulates on the property and which needs to be removed to facilitate winter construction) shall be identified and used on the property within any designated building or development envelope(s). Snow may not be removed to the public or private street right of way.
14. Enforcement:
    1. Construction Mitigation Officer: A construction mitigation officer shall complete random site visits to determine if the project is following the approved CMP and requirements.
    2. City Code Enforcement: The City Planner, his/her appointee, the City building official, his/her appointee or the City engineer, his/her appointee, shall complete random site inspections to determine if a project is meeting its conditions of approval. These inspections are not intended to substitute for standard building code or other county code compliance inspections.
    3. Inspection Reports: The construction mitigation officer and/or other county enforcement personnel shall complete construction inspection reports. All reports are available for public review and will be located in City offices.