Apple Valley Municipal Code Ch. 8.20 Construction Site Maintenance and Trash Containment

The purpose of this Chapter is to establish minimum standards for construction site maintenance including the collection, storage containment and removal of construction site trash, rubbish or debris.

The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

(a) Construction site is any location where grading, construction or structures, remodeling, mobile home setdown, renovation or any other work subject to the issuance of a grading or building permit is occurring.

(b) Construction site maintenance is the routine continuous maintenance of the construction site in order to adequately contain the storage of trash, rubbish or debris and maintain a clean and safe construction site.

(c) Construction site trash, rubbish or debris is any container, wrapper, crate or packaging that accompanies the construction material, any surplus or residual construction material brought to or originating at the construction site, and any other residual materials used by the construction workers and brought to the site.

There shall be containment of trash, rubbish and debris on a routine, continuous basis for each construction site, and there shall be no loose materials permitted to accumulate on the site or to be carried away by wind or water.

Containers used for storage of trash, rubbish and debris until collection and/or transportation to an approved disposal site shall be either:

(a) A roll-off bin (dumpster) provided by a refuse collection service and complying with other applicable Town code provisions; roll-off bins shall have lids which are kept in the closed position unless opened for placement or removal of materials; roll-off bins shall be emptied when full and under no circumstances shall construction materials be permitted to overfill the container; the following minimum sizes are required:

(1) A one and one-half cu. yd. bin for one dwelling unit, nontract;

(2) A three cubic yard bin for each dwelling unit in tract and one for each building for apartment complexes;

(3) A two cu. yd. bin for each commercial or industrial building in commercial or industrial complexes; or

(b) A fenced-in area of at least 100 cu. ft. with side walls at least four ft. in height and a wire lid shall be required; material for side walls and lid shall have no openings greater than four in. in either direction; fenced area shall be securely staked in place and the fenced area shall be emptied when full, and under no circumstances shall construction materials or trash be permitted to overfill the container.

Containers (bins or other said containment areas) shall not be located in a manner or location that will block or constrict passage of a right-of-way, easement, public thoroughfare or other area where right of access may be required for the public health, safety or welfare.

Containers, bins or other said containment areas shall be located on the construction site for each development, project or structure; when multiple lots or structures are being developed, the said containers shall be as per Section 8.20.040 or as otherwise required in the opinion of the Chief Building Official.

Containers shall be placed at the time construction commences on the site. All trash, rubbish and debris shall be timely removed from the container as needed to prevent overfill of the container. Trash, rubbish and debris shall be removed from the site and transported to an approved disposal facility. Temporary containers as well as debris, rubbish and trash shall be removed from the site prior to final inspection. Roll-off bins that will remain after completion of the building may be emptied and placed in their permanent locations.

It shall be the responsibility of the permittee or agent to provide for the construction site maintenance and the containment of all trash, rubbish and debris during construction and for the proper removal thereof.

Any person who violates any provision or who fails to comply with any of the requirements of this Chapter shall be guilty of an infraction and upon conviction thereof, shall be punished in accordance with the provisions of Sections 1.01.200 through 1.01.230 of Chapter 1.01 of Title 1 of this Code. Should noncompliance persist, a stop work notice may be issued by the Chief Building Official or other proper officer. All building permit or grading permit inspections when made shall include inspection to ensure compliance with the provisions of this Chapter, and all final approvals shall be made only after such compliance. The Town's inspectors or other proper officers or employees making construction site inspections shall also inspect to determine that there is compliance with the provisions of this Chapter. When it appears upon inspection that there is a violation, such additional inspections may be made until it is found that said provisions have been satisfied. There shall be a fee for inspections after the initial inspection, as prescribed by resolution or other enactment by the Town Council to cover the costs of said inspections, when required to determine if compliance with the provisions of this Chapter are yet achieved.

(Ord. 15, 4-18-89; Ord. 156, 11-14-95)