[HISTORY: Adopted by the Borough Council
of the Borough of New Wilmington 2-5-2007 by Ord. No. 490. Amendments
noted where applicable.]
As used in this chapter, the following words
shall be defined as follows:
Borough of New Wilmington, Lawrence County, Pennsylvania.
References herein to the Borough shall mean the Borough Council unless
the reference to another is clearly stated.
The razing and/or removal of a structure or any portion thereof
and the restoration of the real estate to grade.
A permit issued by the Borough through its designated appointee
for demolition pursuant to this chapter.
Real estate in or upon which a structure to be demolished
is located.
Any individual, entity, corporation, partnership, limited-liability
company, business trust, trust, association, estate or foundation,
or personal representative of any of the foregoing.
Any building erected in or upon real estate, including but
not limited to house, multistory building, garage, storage facility,
shed, carport, porch, tower and/or trailer.
No person shall demolish, remove or relocate
any structure or any portion thereof without a valid demolition permit.
Any person seeking to obtain a demolition permit
shall submit an application to the Borough's approved designee on
a form provided by the Borough. However, only the owner of a structure
may apply for a demolition permit, and if there exist multiple owners
of a structure, all owners must sign the application. The application
shall identify the following:
A.
Type of structure to be demolished.
B.
Location of structure.
C.
Owner(s) of structure.
D.
Deed recording information, including deed book volume
and page number, for demolition site.
E.
Name of person to perform demolition of the structure.
F.
Proposed date of commencement of demolition.
G.
Anticipated time to complete demolition.
H.
Anticipated cost to complete demolition.
I.
Demolition procedure.
J.
Proposed restoration.
K.
Such other information as the Borough from time to
time deems appropriate and necessary.
An applicant for a demolition permit shall submit
with the application a nonrefundable fee to be set from time to time
by resolution by the Borough for the cost of administering the provisions
of this chapter.[1] The Borough's appointed designee shall approve or disapprove
the application within 60 days of its submission. If the application
is amended or resubmitted prior to its initial approval or disapproval,
there shall be no additional fee. Failure to approve or disapprove
the application within the time allotted shall not be deemed an approval
of the application, and unless the applicant agrees in writing to
extend the time for an additional 30 days for approval or disapproval,
the application shall be deemed denied and the application fee shall
be refunded to the applicant.
A.
Upon approval of the application for a demolition
permit, the applicant shall provide to the Borough's appointed designee
the following:
(1)
Proof of public liability insurance in an amount equal
to at least $500,000 for injury or death to any number of persons
and for property damage.
(2)
A certified check payable to the Borough in a minimum
amount equal to at least twice the anticipated cost of demolition
or a permit bond in a minimum amount equal to at least twice the anticipated
cost of demolition, naming the Borough of New Wilmington as obligee
and insuring compliance with the provisions of this chapter, including
the recovery of reasonable attorneys' fees incurred by the Borough
in the enforcement of any provision of this chapter.
[Amended 11-2-2009 by Ord. No. 500]
B.
The amount of the insurance coverages, certified check
and bond may be increased by resolution if and when the Borough, in
its sole judgment, deems necessary. The certified check or bond shall
not be released until and unless all provisions of this chapter are
met. If demolition is commenced but is not completed within 30 days
thereafter, the Borough, in its sole discretion, may have the demolition
completed and may bring an action to recover against the bond or may
deduct the amount from the certified check or may take any other action
necessary to enforce the provisions of this chapter.
[Amended 11-2-2009 by Ord. No. 500]
Prior to the issuance of a demolition permit,
all utility services must be disconnected between the street curb
and sidewalk. Disconnection of the electric services must be completed
by the Borough. The applicant may hire the Borough of New Wilmington
to disconnect and cap the water and sanitary sewer service at a cost
to be set from time to time by resolution by the Borough.[2] If the water and/or sanitary sewer services are disconnected
and capped by any person other than by the Borough of New Wilmington,
the work must be inspected and approved by the Borough's appointed
designee for a fee to be set by resolution by the Borough from time
to time. Inspection by the Borough shall require a twenty-four-hour
notice, and the inspection shall be conducted between 7:00 a.m. and
3:30 p.m., Monday through Friday.
In making application for a demolition permit,
the owner(s) of a structure shall be deemed to have consented to the
filing of a municipal lien against the real estate on which the structure
to be demolished is situate for all sums due the Borough of New Wilmington
pursuant to the provisions of this chapter.
[Amended 11-2-2009 by Ord. No. 500]
A demolition permit shall be issued by the Borough's
appointed designee upon approval of the application and upon proof
of liability insurance and the deposit of a certified check or a permit
bond as provided above.
A demolition permit issued by the Borough shall
expire 30 days after demolition has commenced or 90 days after issuance
of the permit, whichever occurs earlier. If prior to expiration of
the demolition permit, the applicant requests in writing an extension
of the expiration of the demolition permit, the Borough's designated
appointee, in its sole discretion, may extend the expiration date
of the permit.
The applicant shall take all precautionary action
necessary to adequately protect the public and adjacent properties
from debris, damage or harm resulting from demolition of the structure.
Such precautionary action may be determined by the Borough's appointed
designee and shall be set forth in writing prior to or in conjunction
with the issuance of the demolition permit. Nevertheless, at a minimum
and where appropriate, the applicant must erect barricades over and
illuminate abutting sidewalks and streets or portions thereof during
demolition of the structure.
Demolition shall not be deemed to have been
completed until and unless the demolition site is in conformity with
the following:
A.
All garbage, rubbish and debris has been removed from
the demolition site;
B.
The demolition site has been properly backfilled,
graded, resurfaced consistent with the proposed future use and restored
to a neat, clean and sanitary condition;
C.
All improvements, including but not limited to, sidewalks,
walkways and driveways, have been returned to a proper state of repair
and free from hazardous conditions.
In addition to the provisions of this chapter,
all applicants must comply with the Pennsylvania Uniform Construction
Code as it relates to demolition and insofar as it does not conflict
with the provisions of this chapter and with all applicable ordinances
and codes relative to restoration.
A.
Any person who violates any of the provisions of this
chapter shall be guilty of a violation of this chapter and subject
to a fine of $500 for each violation.
B.
Any violation of the provisions of this chapter on
any day shall be a separate and distinct violation and subject the
violator to a separate and distinct penalty for each day.
