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G-1089 - 10/11/2016 - COMMUNITY DEVELOPMENT - Ordinances Supporting Documents ITEM 9.A.1 BOARD OF TRUSTEES MEETING VILLAGE of SAMUEL E. DEAN BOARD ROOM OAK B R , K , BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of October 11, 2016 SUBJECT: Amend Ordinance 0-1084—Building and Fire Codes FROM: Robert Kallien, Development Services Director BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move to approve Ordinance G-1089, "An Ordinance Amending Chapters 1 and 2 of Title 10 of the Village Code of the Village of Oak Brook Relating to Building and Fire Codes Background/History: At the September 27, 2016 meeting, the Board of Trustees approved Ordinance G-1084, Board meeting, an Ordinance Amending Chapters 1 and 2 of Title 10 of the Village Code of the Village of Oak Brook Relating to Building and Fire Codes. In a follow-up discussion on a related matter, the Board requested that Staff consider including a provision in the above referenced ordinance requiring that the Village's restrictions for the use of heavy equipment for construction activities extend five-hundred feet from any residential area(see attached map). This same language is also included in Ordinance G-1087 which is also on tonight's Board agenda for final action. Recommendation: Approve Ordinance G-1089. REG BOT 101116 Agenda Item 9 A 1 BOT FINAL ACTION G-1089 Building and Fire Codes-Ordinance Amending Ordinance G- 1G 1084.doc Page 1 r Village of Oak Brook 2016 500 Ft Residential Buffer Rom a, 1 f � a a. r � a Map Legend � Oak Brook Corporate Limit Building Lakes and Creeks Public Road Bike Path g Graue Dam Private Road ¢ Warning Siren M Old Oak Brook Dam li ORDINANCE 2016-DEVSRVCS-BC-G-1089 AN ORDINANCE AMENDING ORDINANCE G-1084 IN RELATION TO CONSTRUCTION ACTIVITY WHEREAS, the President and Board of Trustees approved and passed Ordinance 2016- DEVSRVCS-BC-G-1084, "An Ordinance Amending Chapters 1 And 2 Of Title 10 Of The Village Code Of The Village Of Oak Brook Relating To Building And Fire Codes" on September 27, 2016; and WHEREAS, after the above-named ordinance was approved and passed, the President and Board of Trustees directed the Village Attorney and Village staff to amend same in relation to Section 10- 1-6K (Hours of Construction). NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows: Section 1: Recitals. The foregoing preambles are restated and incorporated herein by reference as though fully set forth herein. Section 2: Chapter 1 (Building Code) of Title 6 (Building Regulations) of the Village Code is amended by deleting Section 10-1-6K (Hours of Construction) in its entirety and replacing it with the following language: K. Hours Of Construction: Except as provided in subsections A, B, C and D of this section no person or entity shall perform construction activities, perform any activity requiring a building permit, or operate heavy equipment, except as follows: Location Day of the Week Permitted Time Residential Zone Districts- Heavy Equipment- Between 7:OOam Interior or Exterior and 6:OOpm Hand Tools: Hand Tools may be used at any Monday-Friday Other Tools- Between 7:OOam and time within the interior of a fully enclosed 8:OOpm structure provided that there is no construction related sound heard at the Heavy Equipment- Between 9:OOam property line. Saturday and 5:OOpm For the purposes of this section "hand tools" Other Tools Between 8:OOam and shall mean tubing cutters, volt-ohm meters, 7:OOpm manual pipe benders, pliers, wrenches, screwdrivers, paint brushes, rollers, torches, brooms, and similar tools that are Heavy Equipment- Not Permitted substantially silent in operation. "Hand tools" Sunday Other Tools- Between 9:OOam and shall not include hammers or any other item 6:OOpm used as a striking implement. All other Zone Districts- Heavy Equipment- Between 6:OOam Exterior* Any and 6:OOpm Other Tools- Between 6:OOam and 8:OOpm Additions are bold and double-underlined; a°l°t�^^°mr°°*^^^k through. Ordinance 2016-DEVSRVCS-BC-G-1089 Amending Section 10-1-6K Page 2 of 3 *Exception: Any property that shares a lot line with a Residential Zone District, Heavy Equipment- within five hundred feet 1500'1 of the_ Any Same as Residential Zone Districts Residential Zone District All other Zone Districts- Any Other Tools-Any Interior Hand Tools-An Heavy Equipment*For purposes of this section, "heavy equipment" shall mean gasoline or diesel powered air compressors, gasoline or diesel powered saws, bulldozers, jackhammers, pile drivers, power hammers, GhaiR saws, graders, riveters, earthmovers, tree and stump grinders, trenchers, cement mixers, tractors, power hoists or derricks, demolition balls, power shovels, dump trucks, and power equipment on wheels or traction chains, or other similar equipment, but shall not include garbage trucks, which are governed by separate agreement within the village non-construction delivery vehicles, trucks operating on designated truck routes, or snow removal equipment. Residential Zone District ***For the purposes of this section "Residential Zone District" shall include all zone districts R1, R2, R3, R4 and R5 with the additional inclusion of any contiguous street, right-of-way, or public owned property. Other Tools** For the purposes of this section "Other Tools" shall mean any construction tool that is neither defined herein as "Hand Tools" or"Heavy Equipment". Other tools shall include-but not be limited to: electric compressors, nailers, hammers, cord-connected electric saws, drills, or similar equipment. It is anticipated that"Other Tools"will create a sound level that can be heard at the property line. Exceptions: 1. Emergencies: The limitations stated in this section shall not apply in any situation which requires heavy equipment or other tools in emergencies to assist or avoid a problem related to health or to safety of persons or property, or to sewer, water, power, utility, or telephone interruptions. 2. Work by Public Agencies: The limitations stated in this section may be waived by the board of trustees by resolution for work undertaken by any public body or agency for the benefit of the public. The board of trustees may attach to any such waiver all conditions it deems necessary to protect the public health, safety or welfare. 3. Waiver: The limitations stated in this section may be waived by the building official in areas of the village zoned for nonresidential uses pursuant to the village zoning ordinance; provided, however, that no such waiver shall be granted unless the building official finds that: a. The party seeking the waiver will suffer a unique or unusual hardship unless the waiver is granted; and b. The granting of a waiver will not cause a substantial or undue adverse impact upon adjacent property or upon the public health, safety and welfare. c. The village manager may attach to such waiver all conditions he deems necessary to protect the public health, safety or welfare. 4. Building Permits: Work undertaken pursuant to any permit issued by the village shall be subject to the provisions of this section. Additions are bold and double-underlined;deletions are s`mek through. Ordinance 2016-DEVSRVCS-BC-G-1089 Amending Section 10-1-6K Page 3 of 3 Section 3: If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance. Section 4: All ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 5: This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. APPROVED THIS 11th day of October, 2016. Gopal G. Lalmalani Village President PASSED THIS 11th day of October, 2016. Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk Additions are bold and double-underlined;a ' t'^~^are strus'`hr-eug'