Village of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Fishkill as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 53.
Unsafe buildings — See Ch. 57.
Zoning — See Ch. 171.
[Adopted 4-8-2014 by L.L. No. 1-2014[1]]
[1]
Editor’s Note: This local law also repealed former Art. I, Permits, adopted 8-17-2009 by L.L. No. 26-2009, as amended.
No person shall demolish any structure, or any portion thereof, without a valid demolition permit issued by the Code Enforcement Officer.
The intent of this article is to provide for the orderly process of demolition of any structure and to assure proper review of historical and safety considerations, as well as compliance with the building and zoning laws regarding future intended use of the property.
As used in this article, the following terms shall have the meanings indicated:
CODE ENFORCEMENT OFFICER
The Village Official appointed pursuant to § 53-3B of the Village Code.
DEMOLITION
The act of pulling down, destroying, removing, moving, or razing a structure or commencing the work of total or substantial destruction with the intent of completing same.
DEMOLITION PERMIT
A permit issued by the Code Enforcement Officer for the demolition of a structure.
EMERGENCY DEMOLITION
A demolition authorized when, after inspection, it is determined by the Code Enforcement Officer or other designated official, in consultation with the Village Engineer, that a structure poses an imminent threat to the health or safety of the community.
HISTORIC STRUCTURE
A structure listed on or eligible for listing on the State or National Register of Historic Places or located within the Village of Fishkill Historic Preservation Overlay Zone.
STRUCTURE
Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. For the purpose of this article, the term "structure" excludes fences, retaining walls, posts, flagpoles and similar minor accessory structures having a footprint of less than 200 square feet.
The applicant shall submit the following to the Code Enforcement Officer:
A. 
A completed permit application form.
B. 
A statement regarding why the structure is planned for demolition.
C. 
Plans regarding how the demolition process will take place, including safety measures, in the form prescribed by the Code Enforcement Officer.
D. 
A restoration plan for the property following demolition including a description of the materials, grading, landscaping, and maintenance procedures to be utilized to ensure that the restoration conforms to the approved plan and that landscaping survives in a healthy condition and/or a treatment plan for any walls of adjacent buildings exposed as a result of the demolition.
E. 
An environmental assessment form as required by this article in conjunction with the State Environmental Quality Review Act, Article 8 of the New York Environmental Conservation Law, and 6 NYCRR Part 617.
F. 
The application fee, as set forth in the Village's fee schedule.
A. 
The Code Enforcement Officer shall review the application within 32 days from its filing for completeness. In the event that the application is deemed incomplete, the Code Enforcement Officer shall notify the applicant of such in writing and provide the applicant with an opportunity to correct the deficiencies. The Code Enforcement Officer shall forward the complete application to the Village Board of Trustees with a report on the proposed safety measures to protect surrounding persons and property from damage and a complete restoration plan. The Code Enforcement Officer must be satisfied that the work will conform to all applicable state and local laws, rules and regulations, and that the work will be executed in a safe and expeditious manner before referring the application to the Village Board of Trustees. An applicant for a demolition permit may be required to submit to the Code Enforcement Officer additional plans and certifications prepared by a licensed structural engineer, at the applicant's sole expense.
B. 
The Village Board of Trustees may hold a public hearing on the application in its discretion.
C. 
The Village Board of Trustees shall approve, deny or approve with conditions the requested demolition permit within 62 days from the receipt of the complete application or the close of the public hearing, whichever is later. In determining whether to grant or deny the demolition permit, the Village Board shall consider the following criteria:
(1) 
Whether the demolition is consistent with the Village's Comprehensive Plan and zoning requirements;
(2) 
The relationship of the structure to the character of the neighborhood, such as the streetscape and its environs, or any adjacent or attached buildings;
(3) 
Whether the restoration plan is adequate to prevent the property from becoming a nuisance or blight; and
(4) 
Whether additional safety measures are needed to protect the public health, safety and welfare.
D. 
If the structure proposed for demolition is historic, the alternate procedures in § 54-6 et seq. of this article shall apply.
A. 
The applicant shall submit the following to the Code Enforcement Officer:
(1) 
A completed permit application form.
(2) 
A statement regarding the age of the structure to be demolished and any national, state or local designations of historic significance that are associated with the structure and the parcel on which it is located.
(3) 
A statement regarding why the structure is planned for demolition.
(4) 
Plans regarding how the demolition process will take place, including safety measures, in the form prescribed by the Code Enforcement Officer.
(5) 
Plans for the redevelopment of the property, including:
(a) 
A redevelopment plan for the property that provides for a replacement or rebuilt structure for the structure being demolished or relocated, indicating in sufficient detail the nature, appearance and location of all replacement or rebuilt structures; and
(b) 
Where applicable, a treatment plan for any walls of adjacent buildings exposed as a result of the demolition.
(6) 
A full environmental assessment form (EAF) as required by this article in conjunction with the State Environmental Quality Review Act, Article 8 of the New York Environmental Conservation Law, and 6 NYCRR Part 617. The EAF shall assess impacts from the proposed demolition and redevelopment plan.
(7) 
A narrative documenting the following:
(a) 
That the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;
(b) 
That the property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return;
(c) 
Describing the efforts to find a purchaser interested in acquiring the property and preserving it and explaining why such efforts have failed; and
(d) 
Describing any alternative actions that could be taken to preserve it.
(8) 
Photographs of all elevations and photographs of all historically significant features of the structure.
(9) 
A design for a plaque, monument or other permanent marking, as approved by the Board of Trustees, to permanently memorialize the history of the original structure.
(10) 
A structural report from a structural engineer, licensed as a professional in New York, with experience in forensic structural engineering and/or historical renovation engineering, who has conducted an inspection of the structure.
(11) 
Escrow in the amount set forth in the fee schedule to cover the cost of professional review of the application. The escrow account shall be established and administered in accordance with § 171-158 of the Village Code. Without limiting the foregoing, professional review of the application may include legal review and peer review of the structural report.
(12) 
The application fee, as set forth in the Village's fee schedule.
A. 
The Code Enforcement Officer shall review the application within 32 days from its filing for completeness. In the event that the application is deemed incomplete, the Code Enforcement Officer shall notify the applicant of such in writing and provide the applicant with an opportunity to correct the deficiencies. The Code Enforcement Officer must be satisfied that the work will conform to all applicable state and local laws, rules and regulations, and that the work will be executed in a safe and expeditious manner before referring the application to the Village Board of Trustees and Planning Board. An applicant for a demolition permit may be required to submit to the Code Enforcement Officer additional plans and certifications prepared by a licensed structural engineer, at the applicant's sole expense.
B. 
The Code Enforcement Officer shall refer a copy of the complete application to the Village Board of Trustees and the Planning Board with a report on the plan's safety measures.
(1) 
If demolition is not proposed as part of a larger plan of development for the property that requires land use approvals from the Planning Board, the Planning Board shall make a written report to the Village Board regarding the request for a demolition permit within 62 days of the receipt of the application. In its report, the Planning Board should address the criteria in Subsection D of this section.
(2) 
If demolition is proposed as part of a larger plan of development of the property that requires land use approvals from the Planning Board, the Planning Board shall consider the demolition application concurrently with applications for site plan, certificate of appropriateness, subdivision and/or special use permit approval and serve as lead agency in a coordinated review of the application. The Planning Board shall make a report to the Village Board of Trustees regarding the request for a demolition permit within 32 days after either approving or denying the applications for site plan, subdivision and/or special use permit approval.
(3) 
The Village Board of Trustees shall hold a public hearing on the application within 62 days of receipt of the Planning Board's report. Notice of the hearing must be published in the official newspaper at least 10 days prior to the hearing. The Village Board shall vote to grant or deny the demolition permit within 62 days of the close of the public hearing.
(4) 
All decisions shall be made in writing and state the reasons for granting or denying the permit addressing the criteria in Subsection D of this section.
C. 
Conditions. The Village Board, in granting any approval, shall have the authority to impose such reasonable conditions and restrictions as necessary to satisfy the standards set forth in Subsection D below.
D. 
Standards for review. In determining whether to grant or deny an application for a demolition permit, the Village Board and Planning Board shall consider the following criteria:
(1) 
Whether the demolition and any proposed redevelopment plan is consistent with the Village's comprehensive plan and zoning requirements;
(2) 
Whether the structure has significant historical, architectural, aesthetic or cultural value in its present or restored condition and whether the loss of the structure would be detrimental to the historical or architectural heritage of the Village;
(3) 
The relationship of the structure to the character of the neighborhood, such as the streetscape and its environs, or any adjacent or attached buildings;
(4) 
The architectural merits of any proposed new construction, as compared to the structure proposed to be demolished as related to the character of the surrounding neighborhood or district;
(5) 
Whether some portion of the structure, such as a facade or distinctive architectural details, can be retained or reused in any proposed new construction; and
(6) 
Whether the structure is structurally unsound.
E. 
SEQRA. Demolition of a historic structure is deemed a local Type I action pursuant to 6 NYCRR 617.a(2).
A. 
An applicant whose demolition permit application has been denied by the Village Board of Trustees may apply to the Village Board of Trustees for relief on the ground of hardship. In order to grant a hardship permit, the Village Board of Trustees must find that:
(1) 
The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible. The inability to earn a return shall be documented by dollars and cents evidence;
(2) 
The structure cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return;
(3) 
The applicant has diligently attempted to find a purchaser interested in acquiring the property and preserving it;
(4) 
There are no alternative actions that could be taken to preserve the structure that would still allow the remainder of the property to be developed for a reasonable return; and
(5) 
The hardship was not self-created and that the structure proposed for demolition is structurally unsound despite efforts by the owner to properly maintain it.
B. 
Procedure.
(1) 
After an application for a demolition permit has been denied, the applicant may apply to the Village Board of Trustees for a hardship permit.
(2) 
The applicant shall consult in good faith with the Village Board, local preservation groups and other interested parties in a diligent effort to seek an alternative that will result in the preservation of the structure.
(3) 
A public hearing shall be held on a complete hardship application. Notice of the public hearing shall be published in the official newspaper at least 10 days prior to the hearing.
(4) 
The Village Board shall make a decision within 62 days of the close of the public hearing.
(5) 
The decision of the Village Board shall be in writing and shall state the reasons for granting or denying the hardship application. If the application is granted, the Village Board shall approve only such work as is necessary to alleviate the hardship. In granting any approval, the Village Board shall have the authority to impose such reasonable conditions and restrictions as necessary.
A. 
When a structure which is not historic presents a clear and imminent danger to life, safety or health of any person or property, the Mayor, with the written consent of either the Fire Chief or his or her authorized designee and the Code Enforcement Officer or his or her authorized designee, may waive the requirements of §§ 54-4 and 54-5 and authorize the Building Inspector to issue an emergency demolition permit. In such a case, the Village shall retain the services of a structural engineer licensed as a professional in the State of New York, at the cost to the property owner, to determine whether such structure presents a clear and imminent danger to life, safety or health of any person or property.
B. 
If a historic structure presents a clear and imminent danger to life, safety or health of any person or property, the Mayor, with the written consent of the Planning Board Chair or his or her authorized designee and either the Fire Chief or his or her authorized designee or the Code Enforcement Officer or his or her authorized designee, may waive the requirements of §§ 54-6, 54-7 and 54-8 and authorize the Building Inspector to issue an emergency demolition permit authorizing the owner to demolish the structure. In such a case the Village shall retain the services of a structural engineer licensed as a professional in the State of New York with experience in forensic structural engineering and/or historical renovation engineering, at the cost to the property owner, to determine whether such structure presents a clear and imminent danger to life, safety or health of any person or property.
Demolition permits and hardship permits shall expire six months from the date of approval. The Village Board may grant one six-month extension of the time in which to exercise the permit upon receipt of a written request explaining the need for such extension submitted at least 21 days before the date of expiration.
A. 
Violation. Any owner of a structure subject to this article who acts to demolish said structure, or damage a portion of a building or structure in a way that increases its likelihood of total failure, without first obtaining a permit for demolition in accordance with the provisions of this section, or who likewise by causative action contributes to the deterioration of said building or structure during the demolition review period, shall be in violation of this section.
B. 
Complaints and determination of violation. Any person alleging a violation of this article may file a complaint in writing with the Building Inspector, who shall investigate the same and prepare a report thereon. If reasonable evidence of a violation exists, the Building Inspector may then revoke or suspend the demolition or hardship permit, or issue a notice of violation and an order to cease and desist. The Code Enforcement Officer is authorized to issue appearance tickets for violations of this article.
C. 
Penalties. Violation of this article is a misdemeanor. Any convictions of violating or assisting in the violation of this article or the terms and conditions of any demolition or hardship permit shall be punishable by a fine not to exceed $250,000 or by imprisonment not to exceed 45 days, or both, for each offense.
D. 
Civil penalties. In addition to criminal penalties, any person who violates any provision of this article or the terms and conditions of any demolition or hardship permit shall be liable to a civil of not more than $250,000. The civil penalties shall be recoverable in an action instituted in the name of the Village of Fishkill.
E. 
Permits withheld. No building permit shall be issued for any improvements on a property upon which a structure has been demolished in violation of this section for a period of two years from the date of the completion of such violation, nor shall any building permits be issued while there is a pending violation of this article on the property of which the property owner has been notified.
F. 
The Village may institute other appropriate legal action to restrain, prevent, enjoin, abate, remedy or remove a violation and take whatever other legal action is necessary to compel compliance with this article.
This article shall in no way affect, supersede or abridge any emergency powers or any other powers of the Building Inspector, Mayor or Village Board as to the public safety, health and welfare.
If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.