G-799 - 01/24/2005 - COMMUNITY DEVELPMNT - Ordinances Supporting Documentsk�, C0
AGENDA ITEM
Regular Board of Trustees Meeting
of
October 11, 2005
Item 8.8.
SUBJECT: Referral - Teardown/Construction Management — Proposed Amendments to the
Building Code
FROM: Robert L. Kallien, Jr., AICP, Community Development Director
BUDGET SOURCE /BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to refer this request to the Plan Commission for review
and recommendation at its November 21, 2005 meeting
Background/History:
At the June 20, 2005 meeting, the Plan Commission had a brief discussion on the issue of
residential teardowns which are increasing in number as the number of vacant lots decreases.
Staff was asked to develop draft language which would help Oak Brook better handle problems
that arise with residential teardowns that occur in established residential areas.
In order to better understand how other communities handle the teardown issue, Staff reviewed
ordinances from Hinsdale, Downers Grove, Elmhurst and Naperville.
Accordingly, information was gathered and presented to the Plan Commission at their September
19, 2005 meeting. Prior to completing discussion on the issue, the Plan Commission requested
that the proposed language developed by Staff be forwarded to the Village Attorney so that it
could be put in ordinance format and then sent back to the Plan Commission for additional
review.
Recommendation:
Please refer this matter to the Plan Commission at its November 21, 2005 meeting.
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ORDINANCE 2005 --
DEMOLTION /CONSTRUCTION SITE MANAGEMENT
An Applicant for a demolition and/or building permit shall be responsible for safe
construction site management during all phases of demolition and/or construction of permitted
improvements. The following minimum requirements shall be complied with prior to the
commencement of work and throughout the duration of the project.
A. Fencing. The permit applicant for a non - residential demolition shall install the
following; required fencing prior to the arrival of the demolition crew on site at the required
fencing must remain until final grading; to cost:
(1) a minimum six (6) foot high temporary construction fence around the perimeter of
the lot; and
(2) a three (3) to four (4) foot plastic /nylon fencing around the perimeter of the lot.
(3) Slit Fencing for stormwater control must be installed and maintained inside the
perimeter of the construction fencing.
B. Litter control and clean up. Construction and demolition debris and refuse
containment shall be required for all job sites. Containment shall occur on the property that is
the subject of the permit (and not on public property) and shall be within dumpster or container
that can be covered to prevent windblown debris. The dumpster or container shall be set back on
the site as far as possible and no closer than ten (10) feet from any lot line. All such dumpsters
or containers shall be covered at all times when no work is being performed on the property that
is the subject of the permit.
C. Construction Traffic Management. Prior to the issuance of a permit for
demolition or new construction the applicant shall submit a plan to the Department of
Community Development showing the location that the construction and worker vehicles will
park. Parking of vehicles must not obstruct or limit the use of any adjacent roadway or any
private driveway and otherwise be in compliance with the requirements of this Code. The
parking plan shall be approved as a part of the permit, and a copy shall be posted on the
construction site. The holder of the permit shall be responsible for compliance with the approved
parking plan.
D. Sanitation Facilities. A portable toilet shall be placed on all construction sites
including those where demolition is to occur prior to any work commencing on the property.
The portable toilet shall not be located on public property, including any street, parkway or
sidewalk. Such facility shall not be located within ten (10) feet of any property line and shall be
serviced on a regular basis.
E. Wet Saw. A wet saw shall be required for cutting all types of masonry, stone,
brick pavers, concrete and pavement.
F. Dust Abatement. Whenever a permit for demolition or new construction is
issued, the applicant and /or contractor shall be required to provide dust abatement by
periodically hosing down the structure with water during the demolition process.
G. Written Notice of Applicant. Notice of the filing of an application for a permit to
demolish a dwelling shall be given to all residents of property within 250 feet of any part of the
subject property. The applicant shall provide the names and addresses of all property owners
within 250 feet of the subject property. Such notice shall be on a form provided for by the
Village and shall be given by first class mail with a certificate of mailing filed with the Village
no later than ten (10) days after the filing of the application.
H. Expiration of Permit and Penalty. If a permit for the demolition of an existing
building or a structure, or a permit for a new structure is not completed within the allotted time
and the permit therefore expires, the applicant shall pay an additional permit fee, of one half
(1/2) of the original permit fee and provide the Community Development Department with a
schedule for completion of demolition within sixty (60) days of issuance of the second permit. If
the project is not completed within that sixty (60) day period an additional permit fee of $100.00
per day shall be paid by the Permittee for every day after sixty (60) days until the demolition
and /or new construction is completed.
I. Cash Bond. Prior to the issuance of a demolition permit by the Village or a
permit for the construction of a new home, the applicant shall provide a written schedule of all
planned improvements including grading and post with the Village a cash bond in the amount of
$3,000.00, which shall be deposited with the Village and shall be kept in a separate account.
Such cash bond shall be in addition to all other application and all other processing fees, costs,
escrows, bonds and performance securities required by this Code or applicable law. Such cash
bond shall stand as security for payment of the additional permit fee imposed by paragraph H
above or be used by the Village for site restoration. Upon completion and approval of all the
demolition and associated site restoration activities, the unused balance of the cash bond, if any,
will be refunded.
J. Tree Preservation and Protection. For all residential demolition permits, the
applicant shall submit a detailed tree preservation survey which shows the location of all trees
with a minimum diameter of eight (8) inches and the protection during and after construction.
The plan shall also include a statement of anticipated damage to or removal of trees on the
subject property and measures to be taken to protect the trees as pruning, root pruning, use of
retaining walls or protective fencing, augering of utility lines to improve the survivability of the
trees and any other protective measures to be taken by the permittee.
2
Upon approval, these amendments would be included within Title 10 Building Regulations of the
Village Code.
APPROVED THIS day of October, 2005.
PASSED THIS day of October, 2005.
Ayes:
Nays:
Absent:
Kevin Quinlan
Village President
ATTEST:
Linda K. Gonnella, CMC
Village Clerk
I TornDevUWALLIEN\demolition ordmancel0 3 051 dod \COmDev\RKALLIEN\demohtlon 3dmancel0 3 051 doc
AGENDA ITEM
Regular Board of Trustees Meeting
of
January 24, 2006
SUBJECT: Demolition and Construction Site Management - Proposed Amendments to the
Building Code
FROM: Robert L. Kallien, Jr., AICP, Community Development Director
BUDGET SOURCE /BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move for passage of Ordinance G -799, "An Ordinance
Amending Chapter 1 (Building Code) Of Title 10 (Building Regulations) Of The Village
Code Of The Village Of Oak Brook, Illinois Relative To Demolition And Construction Site
Management ".
Back2round/]History:
Beginning at the June 20, 2005 meeting, the Plan Commission initiated a discussion on the issue
of teardowns which are increasing in number as the number of vacant lots decreases. Staff was
asked to develop draft language which would help Oak Brook better handle problems that anse
with teardowns that occur in established residential areas.
In order to better understand how other communities handle the teardown issue, Staff reviewed
ordinances from Hinsdale, Downers Grove, Elmhurst and Naperville.
Accordingly, information was gathered and presented to the Plan Commission at their September
19, 2005 meeting. Prior to completing discussion on the issue, the Plan Commission requested
that the proposed language developed by Staff be forwarded to the Village Attorney so that it
could be put in ordinance format and then sent back to the Plan Commission for additional
review.
This information was presented to the Village Board on October 11, 2005, and was sent back to
the Plan Commission for final review and discussion at its November 21, 2005 meeting.
Public InDut and Comment
To ensure that the Commission had the benefit of obtaining relevant comments from the Oak
Brook community, Staff sent a copy of the proposed regulations to all homeowner's association
presidents who were invited to formally comment in writing and/or make comments in person at
the November 21, 2005 Plan Commission meeting. In addition, the proposed regulations were
placed on the Village's web -site to solicit additional comments from interested parties.
As a result of our outreach efforts, Staff did received written responses from Ginger Creek,
Covington Court and Forest Glen homeowners associations. In addition, Staff received several
questions /comments over the telephone and in person at the November Plan Commission
meeting.
Based on the input received, Staff modified the draft proposal for Demolition and Construction
Site Management. The updated proposal was placed on the December 19, 2005 Plan
Commission for final review and recommendation.
Recommendation:
By a vote of 7 to 0, the Plan Commission recommended approval of the proposed Demolition
and Construction Site Management regulations subject to the following conditions:
1. Exterior construction activity governed by these regulations be prohibited on Sunday's
and Village holidays in any residential area of the community, and
2. If the Village Board of Trustees accepts all the recommendations presented, the
Department of Community Development is provided the necessary staff resources to
properly enforce the proposed regulations.
All homeowners association president's were sent a copy of the proposed regulations (as revised)
and were invited to attend the January 24, 2006 Village Board.
6. Motion by Trustee Kennedy, seconded by Trustee Sanford, to approve the Consent Agenda and
authorize expenditures as presented. ROLL CALL VOTE:
Ayes: 6 — Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
A. Accounts Payable for Period Ending January 20, 2006 - $532,659.16
Significant Items included in Above:
1) Legat Architects — Payout 43 — Village Hall /Library HVAC Screening - $4,614.44
2) DuPage Water Commission - $135,068.45
3) Ratification of Expense — Water main break repair — 2000 York Road - $30,508.48
B. Approval of Payroll for Pay Period Ending January 14, 2006 - $614,376.83
C Community Development Referrals
D. Authorization to Seek Bids or Proposals or Negotiate Contracts
1) Golf Course Commodities
2) Golf Course Maintenance Equipment
3) Golf Clubhouse HVAC Replacement
E. Budget Adjustments
1) Public Works — Other Services
2) Public Works — Structural Improvements
F. Approval of Request for Release of Funds — Oak Brook Oak Brook Hotel, Convention and
Visitors Committee — 2005 Fourth Quarter - $19,412.18
G. Amendment to Grant of Sidewalk Easement and Termination of Existing Easements —
McDonald's Spring Road Development continued from January 10, 2006
H. A Resolution Approving the Release of Closed Meeting Minutes
1. An Ordinance Amending Section 8 -5 -2.A and Section 9 -7 -8.A — Fees and Charges —
Public Works and Stormwater Management
J. Change Order #5 — 2005 Paving Project - $4,126.59 — Revised Total Contract Amount -
$982,287.14
K. Treasurer's Report — December, 2005
L. 2006 IRMA Contribution
ITEMS REMOVED FROM CONSENT AGENDA —None presented.
8. BOARD & COMMISSION RECOMMENDATIONS
A. ORDINANCE 2005- CD- BC -DE -G -799 AN ORDINANCE AMENDING CHAPTER 1
(BUILDING CODE) OF TITLE 10 (BUILDING REGULATIONS) OF THE VILLAGE
CODE OF THE VILLAGE OF OAK BROOK ILLINOIS RELATIVE TO
DEMOLITION AND CONSTRUCTION SITE MANAGEMENT
Beginning at the June 20, 2005 meeting, the Plan Commission initiated a discussion on the
issue of teardowns which are increasing in number as the number of vacant lots decreases.
Staff was asked to develop draft language which would help Oak Brook better handle
VILLAGE OF OAK BROOK Minutes Page 4 of 13 January 24, 2006
GA. problems that arise with teardowns that occur in established residential areas.
In order to better understand how other communities handle the teardown issue, staff
reviewed ordinances from Hinsdale, Downers Grove, Elmhurst and Naperville.
Accordingly, information was gathered and presented to the Plan Commission at their
September 19, 2005 meeting Prior to completing discussion on the issue, the Plan
Commission requested that the proposed language developed by Staff be forwarded to the
Village Attorney so that it could be -put in ordinance format and then sent back to the Plan
Commission for additional review.
This information was presented to the Village Board on October 11, 2005, and was sent
back to the Plan Commission for final review and discussion at its November 21, 2005
meeting.
Public Input and Comment
To ensure that the Commission had the benefit of obtaining relevant comments from the
Oak Brook community, staff sent a copy of the proposed regulations to all homeowner's
association presidents who were invited to formally comment in writing and /or make
comments in person at the November 21, 2005 Plan Commission meeting. In addition, the
proposed regulations were placed on the Village's web -site to solicit additional comments
from interested parties.
As a result of the Village's outreach efforts, staff did receive written responses from
Ginger Creek, Covington Court and Forest Glen homeowners associations. In addition,
Staff received several questions /comments over the telephone and in person at the
November Plan Commission meeting.
Based on the input received, Staff modified the draft proposal for Demolition and
Construction Site Management. The updated proposal was placed on the December 19,
2005 Plan Commission for final review and recommendation.
Recommendation:
By a vote of 7 to 0, the Plan Commission recommended approval of the proposed
Demolition and Construction Site Management regulations subject to the following
conditions;
1. Exterior construction activity governed by these regulations be prohibited on Sunday's
and Village holidays in any residential area of the community, and
2. If the Village Board of Trustees accepts all the recommendations presented, the
Department of Community Development is provided the necessary staff resources to
properly enforce the proposed regulations.
VILLAGE OF OAK BROOK Minutes Page 5 of 13 January 24, 2006
A. All homeowner association president's were sent a copy of the proposed regulations (as
revised) and were invited to attend the January 24, 2006 Village Board.
It was felt that this ordinance addresses the usual concerns such as the debris, dust, traffic
congestion, the demolition that starts and then stops and the demolition that starts and the
property is left with a hole in the ground prior to construction beginning. It was pointed
out that the Village of Oak Brook ordinance differs from other municipalities that were part
of the research in that the Village of Oak Brook has lots from '/2 acre to well over three
acres and road systems that could be rural to the basic suburban roads. Therefore, the
ordinance must offer a tailored approach to each particular site instead of a cookie cutter,
rigid approach that other municipalities have taken.
Trustee Kennedy expressed that this ordinance should be adopted only if the Board is
willing to provide staff for the enforcement of the program and require staff to return to the
Plan Commission in approximately six months to provide a report as to how well it is
working and consider any modifications that would be necessary. Trustee Kennedy also
suggested several modifications to the language for consistency.
Trustee Aktipis did not concur with the addition of staff and felt that the ordinance should
be changed to eliminate the individual nature of the review so that it did not necessitate
additional staff. Trustee Yusuf agreed that this was a good ordinance but that in the future
it might need to be minimally modified with experience. Trustee Sanford agreed that it
should be revisited in a few months. Trustee Kennedy pointed out in response to Trustee
Aktipis' concern for hiring additional staff that the Community Development Department
was somewhat self - sustaining and the hiring of additional staff would be offset by permit
revenues. Trustee Aktipis again expressed his concern that if this ordinance was passed it
would be interpreted as an approval of additional staff.
Community Development Director Kallien reassured the Board that passage of this
ordinance would not immediately increase workflow, but that if there was an increase in
teardowns the staffing issue would have to be revisited.
Trustee Kennedy reiterated an amendment to change the language from "the Building
Department shall approve the plan" to "the plan shall be subject to approval by the
Community Development Department ".
Motion by Trustee Kennedy, seconded by Trustee Aktipis, for passage of Ordinance G-
799, "An Ordinance Amending Chapter 1 (Building Code) of Title 10 (Building
Regulations) of the Village Code of the Village of Oak Brook, Illinois Relative to
Demolition and Construction Site Management" as amended. ROLL CALL VOTE -
Ayes: 6 - Trustees Aktipis, Craig, Kennedy, Manofsky, Sanford and Yusuf.
Nays: 0 - None.
Absent: 0 - None. Motion carried.
VILLAGE OF OAK BROOK Minutes Page 6 of 13 January 24, 2006