[HISTORY: Adopted by the Board of Trustees
of the Village of Rye Brook 11-27-1990 by L.L. No. 3-1990;[1] amended in its entirety 6-28-2018 by L.L. No. 7-2018. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Blasting and explosives — See Ch. 87.
Building construction — See Ch. 91.
Unsafe buildings — See Ch. 237.
[1]
Editor's Note: This local law also supersedes
former Ch. 107, Demolition of Buildings and Structures, adopted 9-18-1990
by L.L. No. 2-1990;
The application for a permit to demolish a building or structure.
The product of the length of the building or structure as
measured from its exterior walls times the width of the building or
structure as measured from its exterior walls.
The space of a building which is partly below grade, which
has more than half of its height, measured from floor to ceiling,
above the average established curb level or finished grade of the
ground adjoining the building.
A structure, wholly or partially enclosed, within exterior
walls or within exterior and party walls and a roof, affording shelter
to persons, animals or property.
The Building Inspector, Assistant Building Inspector or Code
Enforcement Officer of the Village of Rye Brook.
The space of a building which is partly or entirely below
grade, which has more than half of its height, measured from floor
to ceiling, below the average established curb level or finished grade
of the ground adjoining the building.
A person(s), firm or corporation employed by the owner of
the property, empowered by written consent of the owner or employed
by the Village to perform the specific duty of demolition as may be
specified in the authorizing permits.
The demolition, razing, dismantling or tearing down of an
existing building or structure or any part thereof.
The permit required for demolition of an existing building
or structure.
The entire floor area within the surrounding walls of the
building or portion thereof.
The actual physical boundaries or area of the demolition.
The "location," as described in the application for permit and as
approved by the Building Inspector therein, shall be the only area
approved for the demolition.
The person or entity who has legal title to land on which
the building or structure is located and/or whose name appears on
the most recent tax assessment rolls of the Village of Rye Brook.
Payment to the Village Clerk of all applicable fees as set
forth in the License and Fee Schedule adopted by resolution of the
Board of Trustees.
A street, alley, sidewalk or other thoroughfare or easement
permanently established for passage of persons or vehicles. The term
"public way" shall be construed, when used herein, as though followed
by the words "or part thereof."
Component parts of a building or structure being demolished,
removed or to be removed from said building or structure for reuse
or resale.
A person, firm or corporation, identified in the application
for demolition, authorized by the owner or, if ordered by the Village,
the contractor that the Village has contracted with to do the work,
in writing, to remove items of salvage from premises, which may or
may not be the same person, firm or corporation designated by the
owner as the contractor to perform the demolition.
An order issued by the Inspector, or his or her authorized
designee, to the owner, lessee, the owner's agent or the agent
of the lessee to immediately stop the work if it is not performed
in a lawful, safe and sanitary manner.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
A.
No person shall demolish any building or structure having a gross
floor area or use area of 120 square feet or more within the Village
of Rye Brook or which adjoins or is within five feet of any other
building or structure without first obtaining a demolition permit,
signed by the Building Inspector, or his or her duly authorized agent,
allowing such demolition. Such permit shall be applied for and issued
to the owner of the property or his representative pursuant to the
following procedures:
(1)
Written application for a demolition permit shall be on forms provided
by the Village of Rye Brook Building Department. All application materials
shall be submitted in electronic file format acceptable to the Building
Department in addition to at least one original signed application
form, or such other format or amount as determined by the Building
Department. The Building Department may waive the electronic submission
requirement only in extraordinary cases of technical infeasibility.
(2)
Said application shall require the name, address and telephone number of the owner; the names, addresses and telephone numbers of all contractors (general, special or salvage) authorized by the owner or his representative or employed by the Village to perform work; insurance coverage information, including the name of each insurance company and policy number, the date of expiration of the policy and the type of insurance and coverage limitations for the owner and every contractor involved in the demolition; a written description of the building or structure to be demolished; the identification of the presence of asbestos or any other hazardous material in the building or structure to be demolished and the names, addresses and telephone numbers of the contractors that will perform the removal of such material; starting and completion dates; a written list of materials to be salvaged; a provision for disposal of refuse; a descriptive statement as to security and/or barricades to safeguard premises from unauthorized entry during demolition work and to provide for the protection of the general public; and a demolition and restoration plan, pursuant to the provisions of § 107-2C.
(3)
The contractor shall have all utility services, including cable television,
electric, gas, water and telephone services, disconnected by the respective
utility companies and provide proof of said disconnection to the Building
Department. Every application for a permit for the demolition of any
building or other structure shall also include an affidavit from a
licensed exterminator that the site was inspected and is free from
infestation.
(4)
Prior to the issuance of a demolition permit, in-ground and aboveground
storage tanks on the demolition site shall be removed from the premises
in accordance with all applicable federal, state, county and Village
governmental regulations.
B.
Terms and conditions of permit.
(1)
All demolition work shall be performed in accordance with all approved
plans and land use approvals, any approved amendments thereto and
field changes authorized and approved by the Building Inspector, or
his or her designee.
(2)
Prior to demolition, the contractor shall (a) erect the approved site protection measures around the construction site, as per the approved demolition plan, and (b) contact the Building Department to schedule a pre-inspection of the site pursuant to § 107-5A.
(3)
Prior to commencing demolition, all exterior and interior glass (windows,
glazed doors, glass block, mirrors, etc.) shall be removed by hand.
(4)
In the case of the demolition of an existing building which has a
common or party wall with one or more adjoining buildings, the owner
of the building to be demolished shall be responsible for and bear
all costs in relation to the safeguarding of said adjacent wall.
(5)
Where beams, girders and joists are removed from party walls, the
resulting pockets in said walls shall be cleaned out and filled with
solid masonry. Necessary repairs shall be made to put the party wall
in a safe condition. This work shall be done at the expense of the
property owner having said demolition performed.
(6)
Where such demolition work is to be made and no immediate construction
is intended at the site within 30 days of completion of demolition,
as evidenced by diligent pursuit of a building permit during such
time frame, the adjacent wall, whether of the party-type or otherwise,
shall be left in an acceptable condition as far as appearance is concerned.
Such maintenance shall consist of painting, installation or repair
of walls, copings and flashings, waterproofing of joints, waterproof
coatings, installation or repair to termite shields, treatment of
soil or other suitable means. In addition to the repair of all joists,
pockets and similar openings, the owner of the demolished building
will be required to remove all old plaster, wallpaper and other decorative
material in addition to any loose work, trim or other unrecorded material,
subject to the approval of the Building Inspector, or his or her duly
authorized designee.
(7)
During the demolition work, debris must be systematically and regularly
removed from the site and not be allowed to accumulate.
(8)
Demolition of any building or structure shall be carried on and between the hours set forth in § 158-4.
(9)
Salvage materials that are a structural part of the building or structure shall not be removed except as part of the actual demolition of said building or structure. No explosives may be used in connection with demolition, of buildings or structures in the Village of Rye Brook unless a blasting permit is first obtained as provided in Chapter 87 of the Code of the Village of Rye Brook.
(10)
In the event that the building or structure to be demolished
contains any asbestos or any other hazardous material, the owner arid/or
contractor shall notify the Building Inspector, or his or her duly
authorized designee, of its presence prior to any demolition. The
asbestos or other hazardous material shall be removed from the building
or structure in an environmentally sound manner by a contractor licensed
by the appropriate governmental authorities to perform such removal
and in strict compliance with all federal, state, county and Village
regulations governing such materials and their removal. Within three
days of the completion of said removal, the owner or contractor shall
provide the Building Inspector, or his or her duly authorized designee,
with a satisfactory air sample test result of the demolition site.
No further demolition shall occur until such a satisfactory air sample
is provided to these officials.
(11)
All demolition work shall comply with all applicable federal,
state, and local regulations. New York State regulations pertaining
to demolition operations at or near underground facilities as set
forth in 12 NYCRR 53.
C.
Demolition and restoration plan.
(1)
At the time of submission of an application for a demolition permit,
the applicant shall submit an original sealed current property survey;
such survey must have been created no more than one calendar year
from the date of submission of the application. The applicant shall
also submit a detailed dimensioned demolition plan(s) based on such
survey. The plans shall include one full-sized set, and two eleven-inch-by-seventeen-inch-sized
sets. The plans and survey must also be provided in electronic format.
The Building Inspector, at his/her discretion, may require that the
demolition plans be prepared and sealed by a New York State registered
architect or New York State licensed professional engineer depending
on the scope of work or presence of an unusual condition. The Building
Inspector's decision in this regard shall be final.
(2)
The demolition plan shall include, but is not limited to:
(a)
Identification of all structures intended to be demolished;
(b)
The time frames during which demolition may occur and must be
completed;
(c)
The means and methods of demolition;
(d)
A description of all site protection measures to be erected
during demolition, including, but not limited to, construction fences,
barricades, silt fences, soil and sediment erosion control measures,
and other site protection and safety features;
(e)
A map showing the staging area to be used for waste storage;
(f)
A map showing the location of the vehicle tracking pad;
(g)
A map showing the location of the temporary electric service;
(h)
A description the dust control measures to be used and implemented
during construction; and
(i)
Any other details the Building Inspector deems necessary.
(3)
A demolition plan shall include the following notes:
(a)
All phases of construction, including clearing and grubbing,
preliminary site preparation, utility installation, preliminary grading,
road construction, building lot preparation, etc., shall require tree
protection measures to be in place.
(b)
No construction/demolition activities of any kind shall occur
within the limits of protected areas, including, but not limited to,
grading, excavation, stockpiling of materials, storage of construction
equipment, vehicle parking, movement of workers or machinery, or dumping
of construction debris.
(c)
Warning signs, indicating areas of protected vegetation and
prohibited activities in protected areas, shall be placed on site.
(d)
The effectiveness of site protection measures shall be monitored
and maintained throughout the construction period.
(4)
At the time of submission of the application for a demolition permit,
the applicant shall also submit a restoration plan. The restoration
plan shall include, but is not limited to:
(a)
The time frames during which site restoration may occur and
must be completed;
(b)
A note requiring all exposed below-grade areas to be filled
with soil and graded to match adjacent grades;
(c)
A post-demolition landscaping plan, which shall include maintenance
of such landscaping and a prohibition against bare areas of soil.
Language must be included on the plan that the site shall be properly
cleaned, crowned, seeded and hayed or otherwise stabilized; and
(d)
Any other details the Building Inspector deems necessary.
D.
Enforcement. The Building Inspector, or his or her duly authorized designee, is empowered to issue a stop-work order in accordance with the provisions of Chapter 214, if, in the judgment of the Building Inspector, the work is not being performed in a safe and sanitary manner, is not being performed in compliance with all approved plans, or is not otherwise in conformance with the requirements of this chapter.
A.
A demolition permit shall be valid for a period of 60 days from the
date of issuance.
B.
One thirty-day extension may be granted by Building Inspector, or
his or her authorized designee, in the event that unusual circumstances
prevent completion of the work.
D.
Unsafe buildings. Where a building or structure is designated as
unsafe, that building or structure shall be demolished within 30 days
of issuance of a permit with no extension of time.
A.
Site restoration is required in accordance with the approved restoration plan provided pursuant to § 107-2C(4), if no immediate construction is intended at the site within 30 days of completion of demolition, as evidenced by the diligent pursuit of a building permit within such time frame. In no event shall site restoration, where required, be completed later than 60 days after the issuance of a demolition permit, unless an extension is granted by the Building Inspector in accordance with § 107-3B.
B.
All barricades, guardrails, fencing and other temporary structures
erected during demolition shall be removed upon completion.
C.
All fill brought to the site shall comply with all applicable county
regulations. No materials will be permitted as fill which may corrode,
rot, decay or collapse. The restoration of the site shall be approved
by the Building Inspector, or his or her designee, in writing.
A.
Pre-inspection. Prior to any proposed demolition, the owner and/or
contractor shall contact the Building Department to schedule a pre-inspection
of the structure to be demolished. All approved site protection measures
shall be installed, and all glass shall have been removed from the
structure prior to the pre-inspection. Upon a satisfactory pre-inspection
the Building Inspector may authorize the demolition to commence.
B.
Excavation inspection. Prior to backfill, the contractor shall contact
the Building Department for an excavation inspection. At such time
the contractor shall present to the Building Inspector, or to his/her
designee, any and all paperwork and manifests detailing the condition
and origin of any soils and/or materials intended for backfill. Upon
satisfactory completion of the excavation inspection, the Building
Inspector may authorize the excavation to be backfilled.
C.
Final inspection. Immediately after said demolition operations, the
property owner shall notify the Building Inspector, or his or her
designee, in writing, that the demolition for which a permit was issued
has been completed and shall schedule an inspection. The Building
Inspector, or his or her authorized designee, shall then inspect the
site for compliance and, thereafter, notify the property owner, in
writing, of his findings.
D.
Restoration inspection. In the event restoration of the site is required,
the owner or contractor shall contact the Building Department for
a restoration inspection immediately upon completion of such restoration,
The Building Inspector, or his or her designee, shall inspect the
site for compliance with the approved restoration plan and thereafter
notify the property owner, in writing, of his findings.
The fees to be charged for applications, permits and inspections
conducted pursuant to this chapter and legalization fees charged for
demolition performed without a permit shall be established by resolution
of the Board of Trustees. The current License and Fee Schedule is
on file in the Village Clerk's office.
A.
Any violations by a person, firm, association or corporation of any
of the provisions of this chapter shall be and hereby is declared
to be a violation, and in conviction, such person, firm, association
or corporation shall be subject to penalties not exceeding $250 or
imprisonment not exceeding 15 days, or both, for each offense.
B.
Each day or part thereof that such violation shall continue shall
be deemed to be a separate and distinct violation of the provision
of this chapter. The application of the above penalty shall not prevent
the use of the other enforcement provisions of this chapter.
