[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:
The Code Enforcement Officer of the Village of Manlius.
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.
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.
A.Â
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.
B.Â
Application; contents.
(1)Â
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.
(2)Â
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.
C.Â
The application fee for a demolition permit shall
be as provided, from time to time, by resolution of the Village Board.
[Amended 5-14-2019 by L.L. No. 1-2019]
A.Â
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.
B.Â
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
Demolition involving unaffected adjacent walls.
(1)Â
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.
(2)Â
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.
E.Â
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.
F.Â
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.
G.Â
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.
H.Â
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.
I.Â
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.
J.Â
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.
K.Â
In-ground storage tanks shall be removed as per state
guidelines.
L.Â
No explosives may be used without conforming to state
guidelines.
M.Â
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)[1] 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.
[1]
Editor's Note: See § 8-0101 et seq.
of the Environmental Conservation Law.
A.Â
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.
B.Â
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.
