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Page 1 of 15 ORDINANCE NO. 714 AN ORDINANCE CREATING CHAPTER 6 OF TITLE 7 OF THE SUMMIT COUNTY CODE. AN ORDINANCE CONCERNING CONSTRUCTION IMPACT MITIGATION FOR DEVELOPMENT PROJECTS. WHEREAS , the State Legislature has in Title 17, Utah Code Annotated (1953) as amended, delegated the responsibility to the local government units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and, WHEREAS, Summit County has adopted the Snyderville Basin Development Code, the Eastern Summit County Development Code, Ordinance 181-D, Ordinance315-C, AND Ordinance 381-A all of which address aspects of construction in the public right-of-way or on private property; and, WHEREAS, The Summit County Engineering Division and the Department of Community Development has been charged with the review, inspection and enforcement of construction activities for projects which require a permit under the Codes and Ordinances adopted by the County; THE SUMMIT COUNTY CODE SHALL BE AMENDED AS FOLLOWS: 7-6-1: Requirements for preparing a Construction Mitigation Plan 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 County, a Construction Mitigation Plan, hereinafter referred to as 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. 7-6-2: Emergency Conditions 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 County Engineer’s 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. 7-6-3: Applications 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. ---PAGE BREAK--- Page 2 of 15 7-9-4: Construction Mitigation Plans All CMP’s 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. 7-6-5: Exemptions The following activities are exempt from the requirements of this Chapter: A. Actions by a public agency or utility, the County or other governmental agency to remove or alleviate an emergency condition, restore utility service, or reopen a public thoroughfare to traffic; B. 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 C. Bona fide agricultural and farming operations which constitute the principle use of any parcel or tract of ground located in the County. 7-6-6: Fees A review fee and inspection fee, in the current amount as set by resolution of the County Council, shall accompany each CMP for approval. Fees must accompany the initial draft of the CMP. 7-6-7: Supervision and Inspection The County Engineer or the Community Development Director shall from time to time inspect or cause to be inspected, all work done pursuant to permits to insure the enforcement of the provisions of this title. 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. 7-6-8. Appeals An applicant submitting a CMP, whose application has been denied or approved with conditions, may appeal the denied or imposed conditions to the County Council. A notice of appeal must be filled with the office of the County Engineer or Community Development Department within 10 days of the denial or imposition of conditions of the permit. The notice of appeal shall contain the following information: A. An application containing the applicants name, address and daytime telephone number, B. A statement describing the basis for the appeal; and C. The relief sought by the applicant. ---PAGE BREAK--- Page 3 of 15 The appeal shall be scheduled on the next available County Council meeting. 7-6-9: Failure to Comply 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 Summit County are authorized to: A. Initiate criminal action by citation or information under Section 10 of this ordinance and/or proceed to forfeit bond, or B. Proceed to forfeit bond; or C. 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, or entity, corporation by certified mail and posting a copy thereof on such installation for a period for 10 days. If the CMP is not implemented or restored within 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 $100.00 for each day the CMP was not in effective operation after notice was complete, in an action for that purpose; or, D. 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 $100.00 for every day such nuisance remained after written notice prescribed in 7-6-9(c). 7-6-10: Penalty A. Any person who violates the provisions of this Chapter is guilty of a Class Misdemeanor, punishable by a fine not to exceed seven hundred and fifty dollars ($750.00) per day, or a jail term of up to ninety (90) days, or by both such fine and jail term. B. Violators of this Chapter are also subject to any penalties that may be imposed by the State of Utah, or the Federal Government. C. In addition to any criminal fines and/or penalties which may be assessed for a violation of this Chapter, Summit County 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. Summit County 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 County may assess said expenses against the bond posted by the permittee. ---PAGE BREAK--- Page 4 of 15 D. 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. E. Summit County may also pursue civil remedies for violations of this Chapter. 7-6-11: Specific Requirements Specific standards and requirements for the enforcement of this Chapter are attached as Appendix which are made a part of this ordinance by reference. 7-6-12: Severability Should any section, paragraph, sentence, clause, or phase of this ordinance be declared unconstitutional or invalid for any reason, the remainder of said ordinance shall not be affected thereby. 7-6-13: Effective Date This ordinance shall become effective after publication of such in accordance with applicable State Law. PASSED AND ADOPTED by the Board of County Commissioners of Summit County, Utah, this day of , 2009. SUMMIT COUNTY COUNCIL John Hanrahan, Chair ATTEST: Kent Jones, Summit County Clerk APPROVED AS TO FORM: David Thomas, Chief Deputy Summit County Attorney COUNCIL VOTED: HANRAHAN Aye (AYE OR NAY) McMULLIN Aye (AYE OR NAY) ELLIOT Aye (AYE OR NAY) ROBINSON Aye(AYE OR NAY) URE Aye(AYE OR NAY) ---PAGE BREAK--- APPENDIX A Page 5 of 15 TABLE OF CONTENTS 1.0 GENERAL 1.1 PURPOSE 1.2 APPLICABILITY 1.3 DEFINITIONS AND TERMS 1.4 REFERENCES 2.0 PROJECT INTRODUCTION 2.1 DESCRIPTION 2.2 PROJECT LOCATION 2.3 DISTURBANCE AREA 3.0 PROJECT DOCUMENTATION 3.1 PERMITS 3.2 PUBLIC NOTIFICATION 3.3 PROJECT INFORMATION SIGN 3.4 CONTACT DESIGNATION 4.0 PROJECT IMPLEMENTATION 4.1 DATES OF CONSTRUCTION 4.2 HOURS OF CONSTRUCTION 4.3 ADJOINING PROPERTY OWNERS 4.4 PROJECT FENCING 4.5 NATURAL ENVIRONMENT 5.0 PARKING MANAGEMENT 5.1 EMERGENCY VEHICLE ACCESS 5.2 CONSTRUCTION PARKING DETAILS 5.3 STAGING AREAS 5.4 CONSTRUCTION TRAILER, MATERIALS STORAGE, AND WASTE MANAGEMENT 6.0 TRAFFIC CONTROL 6.1 GENERAL 6.2 HAUL ROUTES 6.3 ON-SITE VEHICLE LIMITATIONS 6.4 DELIVERY REQUIREMENTS 6.5 TRAFFIC CONTROL PLAN 7.0 PEDESTRIAN PROTECTION 7.1 GENERAL 8.0 SEDIMENT AND EROSION CONTROL 8.1 SEDIMENT AND EROSION CONTROL PLAN 9.0 SANITARY FACILITIES 9.1 SANITARY FACILITY PLAN ---PAGE BREAK--- APPENDIX A Page 6 of 15 10.0 FUGITIVE DUST CONTROL 10.1 FUGITIVE DUST CONTROL PLAN 11.0 NOISE SUPPRESSION 11.1 GENERAL 11.2 NOISE SUPPRESSION PLAN 12.0 TEMPORARY LIGHTING 12.1 TEMPORARY LIGHTING PLAN 13.0 SNOW STORAGE 13.1 SNOW STORAGE PLAN 14.0 ENFORCEMENT 14.1 CONSTRUCTION MITIGATION OFFICER 14.2 COUNTY CODE ENFORCEMENT 14.3 INSPECTION REPORTS ---PAGE BREAK--- APPENDIX A Page 7 of 15 1.0 GENERAL 1.1 PURPOSE - The purpose of this Appendix 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 County resident over the duration of the improvement/project. If the project changes ownership or contracting services change, the County Engineer and Community Development 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 County Engineer and Community Development Department. The approved CMP must be kept onsite. 1.2 APPLICABILITY - This Chapter applies to all development projects and construction projects requiring a development, construction or Building Permit from the County and which is within the limits specified in Table 1. 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 ½ Acre Parcels Between ½ and 1 Acres Parcels greater than 1 Acres On-Site Excavation 500 Cu Yds 750 Cu Yds 1000 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 Commercial 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 ---PAGE BREAK--- APPENDIX A Page 8 of 15 1.3 DEFINITIONS AND TERMS Best Management Practices (BMP’s) – Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the State. BMP’s 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 – The Code Enforcement Officer enforces the Summit County 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 County 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 County are effectively managed and impacts associated with those projects are the least necessary to accomplish the project. Construction Mitigation Plan (the/or a “CMP”) - A CMP is 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. County - Summit County, a political subdivision of the State of Utah. 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 has been established with a density of at least 70 percent of pre-disturbed levels. Multi-Family Residential - Building or structure intended as a dwelling for three or more units. Residential - Building or structure intended as a dwelling for less than three units. Site Plan - is 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. ---PAGE BREAK--- APPENDIX A Page 9 of 15 1.4 REFERENCES (found on the Summit County Website http://www.co.summit.ut.us/, or as otherwise shown) A. Summit County Code B. Eastern Summit County Development Code C. Snyderville Basin Development Code D. Summit County Ordinance 181-D (County Right-of-Way, Excavation and Encroachments) E. Summit County Code 7-2 (Grading on Private Property) F. Summit County Code 5-3 (Noise) F. Summit County Code 9-3(Stormwater Management) G. Summit County Code 4-5 (Illicit Discharge) H. Manual on Uniform Traffic Control Devices for Streets and Highways – Current Edition (http://mutcd.fhwa.dot.gov/kno_2003.htm) 2.0 PROJECT DESCRIPTION 2.1 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 affects to the public, such as interruptions to utilities, traffic impacts or impacts to the general environment. 2.2 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. 2.3 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, see Summit County Code 9-3 for requirements. 3.0 PROJECT DOCUMENTATION 3.1 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. 3.2 PUBLIC NOTIFICATION - For all Non-Residential projects exceeding the limits set forth in Table 1, the Contractor shall develop a neighborhood notification plan. Public notification shall be sent to or delivered to all property owners within 1,000 feet 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: ---PAGE BREAK--- APPENDIX A Page 10 of 15 Project name and address 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 Project description (a brief summary) Anticipated schedule, include beginning and completion dates Project phasing, if applicable Traffic/pedestrian and staging impacts For all Non-Residential 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. 3.3 PROJECT INFORMATION SIGN - For all Non-Residential projects exceeding the limits set forth in Table 1, and if the anticipated project duration will be greater than 30 days, a project sign shall be constructed and posted on the project site and include: Project name and address Building Permit # or Development Permit # Name, address and phone number of the general contractor Name, address and phone number of the project supervisor/manager responsible for the project 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 20 square feet in size and 6 feet in total height. The sign must be legible from the street, however, the lettering shall not exceed 6 inches in height. 3.4 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 County phone numbers, fire department, Sheriff’s department, Park City Transit (if project affects bus stops or routes), 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. 4.0 PROJECT IMPLEMENTATION 4.1 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. 4.2 HOURS OF CONSTRUCTION - Construction hours shall be limited to 7am - 9pm Monday through Saturday and 9am - 9pm on Sundays. ---PAGE BREAK--- APPENDIX A Page 11 of 15 4.3 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 County Right-of-Way shall comply with the Summit County Code. 4.4 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 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. 4.5 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. 5.0 PARKING MANAGEMENT 5.1 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 snow plow services. 5.2 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 County roads or within the County Right of Way from November 15th through April 15th. From April 16th through November 14th, 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 County 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. ---PAGE BREAK--- APPENDIX A Page 12 of 15 Realistic and sufficient on-site parking locations shall be designated and made continually available for all craftsman, laborers, subcontractors, and contractors involved in the construction process. The County encourages use of public transportation, van pooling and careful staging of subcontractors as a means to eliminate impacts of the project construction upon the public and private streets. 5.3 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. County 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 County Engineer’s Office prior to arriving on the project site. 5.4 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 Non-Residential 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 also have a separate dumpster/receptacle for all “municipal-garbage” and non-recyclable 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 all the same to blow or scatter onto adjoining properties. The CMP shall specify a minimum interval for general site clean-up. 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. ---PAGE BREAK--- APPENDIX A Page 13 of 15 6.0 TRAFFIC CONTROL 6.1 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. 6.2 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. 6.3 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 web site at http://www.utahmc.com/trucking_guide/) and as may be otherwise restricted by County Code. 6.4 DELIVERY REQUIREMENTS - The CMP shall address the maximum number of delivery vehicles onsite 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. 6.5 TRAFFIC CONTROL PLAN - When applicable, or when required by the County Engineer, 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 of Uniform Traffic Control Devices for Streets and Highways (MUTCD). 7.0 PEDESTRIAN PROTECTION 7.1 GENERAL - The CMP shall address pedestrian safety utilizing the MUTCD (Chapter 6D), the Americans with Disability 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. 8.0 SEDIMENT AND EROSION CONTROL 8.1 SEDIMENT AND EROSION CONTROL PLAN - A Storm Water Pollution Prevention Plan (SWP3) and Erosion Control Plan (ECP) 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 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. ---PAGE BREAK--- APPENDIX A Page 14 of 15 9.0 SANITARY FACILITIES 9.1 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. 10.0 FUGITIVE DUST CONTROL 10.1 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. 11.0 NOISE 11.1 NOISE CONTROL PLAN - All construction activity shall comply with Summit County Code 5-3. All construction equipment shall be adequately muffled and maintained to minimize project noise. Any noise above 65 decibels violates the 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 County 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. 12.0 TEMPORARY LIGHTING 12.1 TEMPORARY LIGHTING PLAN - If the project anticipates working during night- time 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. 13.0 SNOW STORAGE 13.1 SNOW STORAGE PLAN - Adequate area(s) for the snow storage 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. ---PAGE BREAK--- APPENDIX A Page 15 of 15 14.0 ENFORCEMENT 14.1 CONSTRUCTION MITIGATION OFFICER - A Construction Mitigation Officer shall complete random site visits to determine if the project is following the approved CMP and requirements. 14.2 COUNTY CODE ENFORCEMENT - The Community Development Director, his/her appointee, the County Building Official, his/her appointee or the County 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. 14.3 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 the Community Development Department.