[HISTORY: Adopted by the Board of Trustees of the Village of Manlius 8-9-1994 as L.L. No. 2-1994. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- CODE ENFORCEMENT OFFICER
- The Code Enforcement Officer of the Village of Manlius.
- DANGEROUS OR UNSAFE BUILDING
- A building or structure deemed to be a hazard to the public safety by the Code Enforcement Officer using accepted criteria.
- The alteration of an existing building or structure, the purpose of such alteration being the discontinuance of the existing building or structure or a portion thereof.
- That process required by New York State, with its attendant environmental impact statement (EIS), and in instances of property wholly within, partially within or substantially contiguous to any historic building, structure, facility, site or district or prehistoric site that is listed or nominated for listing on the National Register of Historic places, it must be treated as a Type I action. In addition, both the environmental assessment form (EAF) and the model scoping checklist require the consideration of cultural resources in the conduct of an environmental assessment and the preparation of an EIS.
- STOP-WORK ORDER
- An order issued by the Code Enforcement Officer to the owner, lessee, the owner's agent or the agent of the lessee to immediately stop work.
- The Village of Manlius.
Demolition permit requirements. Except as otherwise specifically provided by law or regulation, no person shall undertake the demolition of an existing building or structure or portion thereof, having a gross floor area of 250 square feet or more, without first obtaining a demolition permit, signed by the Code Enforcement Officer and approved by the Planning Board, allowing such demolition.
Written application for a demolition permit shall be on forms provided by the Village Clerk's office. This shall be followed by a review period, not to exceed 60 days from the filing of the application, at which time the necessity of an SEQR review will be determined. Also, during that period, a public hearing shall be held in accordance with the provisions of Village Law § 21-2100 unless waived by the Planning Board. This vehicle is to provide the public with the same opportunity for comment as provided for in the application process for site development before any action is taken by the Planning Board.
Said application shall require the name, address, Tax Map number and telephone number of the owner; names, addresses and telephone numbers of all contractors authorized by the owner to perform work; insurance coverage information, including the name of each insurance company, policy number and date of expiration of policy; a written description of the building or structure to be removed; starting and completion date; provision for disposal of refuse; and a statement describing security and/or barricades to safeguard premises from unauthorized entry during demolition work as well as for the protection of the general public.
As part of this application for a demolition permit, a certificate of insurance for liability shall be delivered to the Code Enforcement Officer, as agent for the Village. The minimum limits of said liability shall be as determined by the Village Board. All insurance certificates shall include the Village of Manlius as an additional insured. It shall also name the Village officers, employees, agents, etc., as additional insureds. Insurance certificates and agreements shall be in a form approved by the Village Attorney, holding the Village of Manlius and its officers and employees harmless from liability resulting from work allowed by a demolition permit.
Before issuance of a demolition permit, the applicant shall provide security in the form of cash or a letter of credit acceptable to the Village Attorney, in an amount to be determined by the Code Enforcement Officer, to ensure that the demolition work and site restoration is satisfactorily completed.
In the demolition of a building or structure, the person making application for the permit shall obtain approval from Onondaga County Environmental Health Department regarding extermination prior to the issuance of a demolition permit.
Prior to demolition, the contractor will erect a system of barricades around the construction site. All affected utilities shall be appropriately terminated by the respective utility companies.
The contractor shall obtain appropriate approval for water use on the site for dust control. If necessary, the contractor shall provide a flagman for traffic control. If the street should have to be closed, permission must be obtained from the appropriate agency.
Demolition involving unaffected adjacent walls.
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 safeguard 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 by the contractor at the expense of the property owner having said demolition performed.
Where such demolition work is to be made and no immediate new construction is intended at the site, 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 of termite shields, poison treatment of soil or other suitable means subject to the approval of the Code Enforcement Officer and the adjacent owner.
During the demolition work, debris must be systematically removed from the site within the time the permit is valid and not allowed to pile up or cause any obstruction.
When a building to be demolished contains a cellar or basement, the contractor shall remove all debris and organic material from the cellar or basement and then break up and/or perforate the cellar floor. The bearing or foundation wall shall be removed to a depth of at least 24 inches below the present grade or at least 24 inches below any planned grade to be established. The material resulting from the cellar or foundation wall demolition may remain in the excavation, provided that the material is crushed and compacted.
Where there is no cellar or basement, the bearing or foundation wall shall be removed to a depth of at least 24 inches below any planned grade to be established.
The Code Enforcement Officer shall inspect the demolition of any building or structure in the Village regularly and shall be empowered to issue a stop-work order to halt any such demolition that, in the judgment of the Code Enforcement Officer, is not being performed in a safe and sanitary manner or in accordance with the provisions of the demolition permit.
Demolition of any building or structure shall be carried on during daylight hours only on normal Village workdays. In the event of an emergency, the Code Enforcement Officer may allow the demolition to proceed at other times. In this circumstance, the Village shall be entitled to charge an additional fee to cover expenses incurred by the Village as a result of permitting demolition to occur during non-Village workdays. At no time shall demolition be carried on after dark.
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. Removal of salvage shall be by the owner or salvage contractor only.
In-ground storage tanks shall be removed as per state guidelines.
No explosives may be used without conforming to state guidelines.
All work shall be otherwise performed in accordance with the applicable provisions of the State Uniform Fire Prevention and Building Code.
Before taking any action on an application for a demolition permit, the Planning Board shall review the application for completeness and consistency with the provisions of this chapter and shall observe the pertinent provisions of the New York State Environmental Quality Review Act (SEQRA) and related regulations. In taking action upon an application, the Planning Board may impose such conditions as it deems reasonable and may waive any and all provisions of this chapter as may be necessary or appropriate given the circumstances presented.
Editor's Note: See § 8-0101 et seq. of the Environmental Conservation Law.
A demolition permit shall be valid for a period of 30 days. One additional extension of 10 working days may be granted by the Code Enforcement Officer for good cause shown. All work, including site restoration, shall be satisfactorily completed within such period of time.
Where a building or structure is designated by the Code Enforcement Officer as unsafe or dangerous, that building or structure shall be demolished within such period of time as may be ordered by the Code Enforcement Officer, even though a demolition permit may not have been issued. To the extent deemed feasible by the Code Enforcement Officer, such demolition of an unsafe building and related site restoration shall be subject to the provisions of this chapter.
All cellars and basements of demolished buildings or structures shall be filled in and made safe by filling such basement or cellar with noncombustible materials and causing the surface of the location to be on a level with the surrounding premises. No materials will be permitted as fill which may corrode, rot, decay or collapse. All barricades, guardrails and temporary structures erected during demolition shall be removed prior to final approval by the Code Enforcement Officer and the site shall be stabilized, including appropriate grading and seeding where there are no immediate plans for redevelopment.
The invalidity of any part, clause, section or provision of this chapter shall not invalidate any other part, clause, section or provision hereof.