[HISTORY: Adopted by the Board of Trustees of the Village of Rye Brook 11-27-1990 by L.L. No. 3-1990; amended in its entirety 6-28-2018 by L.L. No. 7-2018. Subsequent amendments noted where applicable.]
Blasting and explosives — See Ch. 87.
Building construction — See Ch. 91.
Unsafe buildings — See Ch. 237.
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;
- APPLICATION FOR DEMOLITION PERMIT
- The application for a permit to demolish a building or structure.
- BASE AREA
- 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.
- BUILDING INSPECTOR
- 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.
- DEMOLITION and DEMOLISH
- The demolition, razing, dismantling or tearing down of an existing building or structure or any part thereof.
- DEMOLITION PERMIT
- The permit required for demolition of an existing building or structure.
- GROSS FLOOR AREA
- 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.
- OWNER or PROPERTY OWNER
- 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
- 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.
- PUBLIC WAY
- 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.
- SALVAGE CONTRACTOR
- 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.
- STOP-WORK ORDER
- 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.
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:
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.
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.
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.
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.
Terms and conditions of permit.
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.
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.
Prior to commencing demolition, all exterior and interior glass (windows, glazed doors, glass block, mirrors, etc.) shall be removed by hand.
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.
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.
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.
During the demolition work, debris must be systematically and regularly removed from the site and not be allowed to accumulate.
Demolition of any building or structure shall be carried on and between the hours set forth in § 158-4.
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.
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.
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.
Demolition and restoration plan.
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.
The demolition plan shall include, but is not limited to:
Identification of all structures intended to be demolished;
The time frames during which demolition may occur and must be completed;
The means and methods of demolition;
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;
A map showing the staging area to be used for waste storage;
A map showing the location of the vehicle tracking pad;
A map showing the location of the temporary electric service;
A description the dust control measures to be used and implemented during construction; and
Any other details the Building Inspector deems necessary.
A demolition plan shall include the following notes:
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.
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.
Warning signs, indicating areas of protected vegetation and prohibited activities in protected areas, shall be placed on site.
The effectiveness of site protection measures shall be monitored and maintained throughout the construction period.
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:
The time frames during which site restoration may occur and must be completed;
A note requiring all exposed below-grade areas to be filled with soil and graded to match adjacent grades;
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
Any other details the Building Inspector deems necessary.
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 demolition permit shall be valid for a period of 60 days from the date of issuance.
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.
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.
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.
All barricades, guardrails, fencing and other temporary structures erected during demolition shall be removed upon completion.
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.
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.
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.
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.
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.
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.
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.