[HISTORY: Adopted by the Board of Trustees
of the Village of Montour Falls 3-19-2007 by L.L. No. 3-2007.
Amendments noted where applicable.]
This chapter is adopted to promote the protection,
order, safety, health and well-being of persons and property within
the Village by establishing a procedure for prior review and permitting
of the demolition of buildings and structures within the Village for
the purpose of avoiding or mitigating adverse health, safety, economic,
traffic and aesthetic impacts associated with such demolitions.
The requirements of this chapter shall apply
to all demolitions on property located within the Village initiated
on or after the effective date hereof.
As used in this chapter, the following terms
shall have the meanings indicated:
As defined in § 160-8.
As defined in § 62-2.
Any building or structure other than a residential structure.
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.
A building or structure that is listed on the
National Register of Historic Places, or that has been proposed by
the New York State Board of Historic Preservation for a recommendation
to the State Historic Preservation Officer for nomination for inclusion
in said National Register, or that is listed on the State Register
of Historic Places; or
The Village of Montour Falls Planning Board.
A building consisting of a single-family or two-family dwelling,
with no nonresidential use.
As defined in § 160-8.
As defined in § 160-87.
A.
No person shall demolish any building or structure
having a gross floor area or use area of 751 square feet or more,
or any historic building or structure regardless of size, or which
adjoins or is within 20 feet of any building or structure owned by
another person, without first obtaining a demolition permit, signed
by the Code Enforcement Officer, allowing such demolition. If a question
should arise in any particular instance as to whether a demolition
permit is required pursuant to the foregoing sentence, determination
of such question shall be made by the Code Enforcement Officer. Such
permit shall be applied for by 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 Montour Falls.
(2)
Said application form 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 or 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, telephone
numbers and evidence of applicable licenses of the contractors that
will perform the demolition and removal of such material; starting
and estimated completion dates; provision for disposal of refuse,
including a statement of any permits required for the transportation
and disposal of hazardous materials, and including plans for the diversion
of relevant waste materials or refuse from landfills or similar to
appropriate recycling or reuse centers and/or processes; a descriptive
statement as to security and/or barricades to safeguard premises from
unauthorized entry and to provide for the protection of the general
public; during demolition and cleanup work; and a plan detailing the
proposed cleanup of all refuse and rubble incident to the demolition.
[Amended 6-20-2019 by L.L. No. 2-2019]
B.
Certificate of insurance; indemnification.
(1)
As part of the application for a demolition permit
and prior to the issuance of any permit, a certificate of insurance
for liability shall be delivered to the Code Enforcement Officer of
the Village of Montour Falls for each contractor involved in the demolition
or removal, including salvage and cleanup. The minimum limits of said
liability for the demolition of buildings and structures for commercial
general liability and commercial auto shall be no less than $1,000,000
and also must meet the statutory limits for workers' compensation
coverage. The Code Enforcement Officer shall have the authority to
increase this minimum limit as a condition to the issuance of a permit
and shall have the authority to increase the amount of insurance required
after the permit is issued, at any time during the demolition or cleanup,
if he/she deems such increase to be necessary. This minimum insurance
requirement does not apply when the owner of an owner-occupied dwelling
personally proposes to demolish an accessory building less than 751
square feet in size.
(2)
Insurance certificates or agreements on behalf of
each contractor involved in the demolition, including salvage and
cleanup, in a form approved by the Village Attorney, naming as additional
insured Village of Montour Falls, its officers, employees and agents,
shall be delivered to the Code Enforcement Officer as agent for the
Village of Montour Falls prior to the commencement of demolition.
(3)
The permit holder shall indemnify, defend and hold
harmless the Village of Montour Falls, its officers, employees and
agents from all claims, costs, liabilities and expenses arising from
any circumstance throughout the demolition process, from preparation
to completion and cleanup, including the acts or omissions of contractors
and subcontractors hired by the permit holder, and shall execute an
agreement to this effect on a form prescribed by the Code Enforcement
Officer as a condition to permit issuance.
C.
Terms and conditions of permit.
(1)
Prior to issuing a demolition permit, the Code Enforcement
Officer must be satisfied that the work will conform to all applicable
state and local laws, rules and regulations, including but not limited
to laws pertaining to preservation of historic structures and that
the work will be executed in a safe and expeditious manner. An applicant
for a demolition permit may be required to submit to the Code Enforcement
Officer appropriate plans or certifications prepared by a licensed
structural engineer, at the applicant's sole expense.
(2)
Prior to a demolition, the owner or contractor will
erect a system of barricades around the construction site and have
all utility services, including but not limited to cable television,
electric, gas, water and telephone services, disconnected by the respective
utility companies and provide proof of said disconnection to the Code
Enforcement Officer.
(3)
In the case of the demolition of an existing building
or structure which has a common or party wall with one or more adjoining
buildings or structure, the owner of the building or structure to
be demolished shall be responsible for and bear all costs in relation
to the safeguarding of said adjacent walls.
(4)
Where beams, girders and joists are removed from party
walls, the resulting pockets in said walls shall be cleaned out and
filled with suitable materials. 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.
(5)
Where such demolition work is to be made and no immediate
new construction is intended at the site, the adjacent-party type
walls shall be in an acceptable condition as far as appearance is
concerned. Such maintenance shall consist of painting, installation
or repairs 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 Village of Montour
Falls Code Enforcement Officer.
(6)
During the demolition work, debris must be systematically
and regularly removed from the site and not be allowed to accumulate
or cause any obstruction that would prevent movement within the property
or the blocking of means, egress and ingress from the property. At
least 25%, as appropriately estimated given project scope and costs,
of demolition waste materials, taken here to mean rubble, debris,
or other refuse, from an applicable project shall be diverted from
a landfill or similar, to appropriate recycling or reuse processes
or centers. The Code Officer retains discretion in determining feasibility,
scope, cost, and other factors related to recycling and reuse plans.
The Code Officer may also choose to waive or edit the minimum requirement
when assessing a demolition permit application if they deem it to
be infeasible, unnecessarily restrictive, or otherwise unnecessary
for a given project. After demolition, and no new immediate construction
is intended, the site shall be backfilled to normal grade and the
surface left in an aesthetically acceptable condition and barricades
removed.
[Amended 6-20-2019 by L.L. No. 2-2019]
(a)
"Demolition waste materials" here shall only mean feasibly recycled
or reused materials and shall not refer to unusable materials including
those that are rotting or otherwise corrupted, or hazardous materials,
for which separate provisions are made herein.
(7)
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. The bearing or foundation wall shall
be removed up to a depth of at least 24 inches below any future grade
to be established.
(8)
Demolition of any building or structure shall be carried
on only during daylight hours.
(9)
In-ground storage tanks on the demolition site shall
be removed from the demolition area in accordance with all applicable
federal, state, county and Village governmental regulations.
(10)
The use of explosives in connection with demolition
of buildings or structures in the Village of Montour Falls is prohibited.
(11)
In the event that the building or structure to be
demolished contains asbestos or any other hazardous material, the
owner and/or contractor shall notify the Code Enforcement Officer
of its presence prior to any demolition. The asbestos or other hazardous
material shall be removed from the building in an environmentally
sound manner by a contractor licensed (to the extent licensure is
required by applicable law) to perform such removal and in strict
compliance with all federal, state, county and Village regulations
governing removal of such materials.
D.
In addition to the foregoing provisions, in the event
that any application for a demolition permit shall pertain to the
demolition of an historic building or structure, the following provisions
shall apply:
(1)
All applications for a demolition permit pertaining
to the demolition of an historic structure or building shall be subject
to review by the Planning Board, as herein provided.
(2)
The Code Enforcement Officer shall determine that all conditions to the approval of the demolition permit, including but not limited to the requirements of Subsections A and B above, have been satisfied, and shall issue a written determination of such satisfaction. Within five days following the issuance of such written determination, the Code Enforcement Officer shall refer the application to the Planning Board, and shall include such written determination with such referral.
(3)
Upon the Planning Board's receipt of the application,
the Planning Board shall review the issuance of the application, and
shall conclude such review within 30 days following its receipt of
the referral of the application from the Code Enforcement Officer.
E.
The Code Enforcement Officer is empowered to make
periodic inspections throughout the course of a demolition and issue
a stop-work order at any point if, in his/her judgment, the work is
not being performed in a safe and conforming manner.
A.
All demolition permits shall provide for a time limit within which demolition and cleanup shall be completed, which shall not exceed 30 days. Such time limit shall take into account the time necessary to obtain a written acceptance of completion pursuant to Subsection B below. Said time limit may be extended for two periods of up to 20 days each upon application to the Code Enforcement Officer. Failure to complete the demolition within the prescribed time limit, as extended, shall be a violation of this chapter punishable pursuant to § 75-9.
B.
Where a building or structure is designated as unsafe pursuant to Chapter 66 of this Code, that building or structure shall be demolished within 30 days of issuance of a permit with no extension of time. Failure to complete the demolition within the prescribed time limit shall be a violation of this chapter punishable pursuant to § 75-9.
A.
All cellars and basements of demolished buildings
or structures shall be made safe by filling and tamping such basement
or cellar with fill materials approved by the Code Enforcement Officer
until the surface is level with the surrounding premises. No materials
can be used as fill that are hazardous or may corrode, rot, decay
or collapse and the surface must be left in an aesthetically acceptable
condition. All barricades, guardrails and temporary structures erected
during demolition shall be removed on completion.
B.
In the event that the owner refuses or neglects to
fill in and make safe such cellar or basement or refuses or neglects
to dismantle and remove any barricades, guardrails or temporary structures
erected during demolition, or neglects or refuses to satisfactorily
repair adjacent buildings damaged by the demolition within the time
limits specified at permit issuance, the Village may do the necessary
work involved, either with Village employees or outside contractors,
and the cost of bringing the location into compliance shall be assessed
against such property. The owner shall have 20 days to pay the assessed
costs. If the owner does not pay these costs within the twenty-day
period, such costs shall constitute a lien against the premises and
shall be levied and collected in the same way as provided in the Village
Law for the levy and collection of real property taxes.
A.
All demolition and cleanup activities shall be conducted
in accordance with the terms and conditions of the demolition permit
and materials submitted in connection with the application therefor.
B.
Immediately after completion of demolition and cleanup, the property owner shall notify the Code Enforcement Officer, in writing, that demolition for which a permit was issued has been completed. The Code Enforcement Officer will then inspect the site and accept the completion in writing, or provide the property owner with written notice of actions necessary to be completed before the completion will be accepted, and the time remaining to complete said actions. Failure to obtain a written acceptance of completion from the Code Enforcement Officer prior to the expiration of the demolition permit shall be a violation of this chapter punishable pursuant to § 75-9 below.
A.
The fees to be charged for applications, permits and
inspections conducted pursuant to this chapter shall be established
by resolution of the Village Board. The current License and Fee Schedule
is on file in the Village Clerk's office.
B.
Refunds. If an application for a demolition permit
is withdrawn prior to the start of a review of the application, the
applicant may receive a full refund. If a review of an application
has been commenced prior to its withdrawal or not approved after review;
50% of the fee paid will be refunded provided that no work has started.
C.
Waiver of fees. The Village Board may instruct the
Code Enforcement Officer to waive any fee or a portion thereof if
it is established that the waiver of the fee would be in the best
interests of the Village.
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 a weekly penalty
until said violation is rectified as per the penalty schedule on file
in the Village Clerk's office.
The Zoning Board of Appeals is designated as
the official body to which any order, requirement, decision, interpretation
or determination made by the Code Enforcement Officer pursuant to
this chapter may be appealed. Any such appeal shall be taken and considered
pursuant to such rules as may be adopted by the Zoning Board of Appeals.
If any section or provision of this chapter
shall be held unconstitutional, invalid or ineffective, such determination
shall not be deemed to affect, impair or invalidate the remainder
of this chapter. In the event of any inconsistency or conflict between
any provision of this chapter and any other local law or ordinance,
the provisions of this chapter shall control.
