[HISTORY: Adopted by the Board of Trustees of the Village
of Walden 2-25-1986 by L.L. No. 1-1986 (Ch. 64 of the 1982 Code). Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The application for a permit to demolish a building or structure.
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.
That 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.
The Building Inspector of the Village of Walden.
That 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.
That 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.
To intentionally tear down, destroy, raze or ruin a building
or other structure.[1]
The act or instance of demolishing.[2]
The permit required for demolition of an existing building
or structure.
An application fee shall accompany all applications. This
fee shall be determined by the Board of Trustees.
[Amended 5-9-1989 by L.L. No. 2-1989]
The entire floor area within the surrounding walls of the
building or portion thereof.
For the purposes of this chapter, any building or structure
that is at least 100 years old as of the date of application for a
demolition permit.
[Added 7-24-2007 by L.L. No. 5-2007]
The actual confines 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.
The person who has legal title to land, together with ownership
of building or structure located thereon, whose name appears on the
most recent tax assessment rolls of the Village of Walden.
Payment to the Village Clerk of all applicable fees as set forth in Chapter A310 of this Code.
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.
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 demolition contractor.
An order issued by the Building Inspector 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 safe and sanitary manner.
An assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
A.Â
No person shall demolish any building or structure having a gross
floor area or use area of 900 square feet or more within the Village
of Walden 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, 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:
(1)Â
Written application for a demolition permit shall be on forms provided
by the Village of Walden Building Inspector's office.
(2)Â
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, policy number and date
of expiration of policy; a written description of the building or
structure to be removed; starting and completion dates; written list
of materials to be salvaged; provision for disposal of refuse; and
a statement as to security and/or barricades to safeguard premises
from unauthorized entry during demolition work as well as the protection
of the general public.
B.Â
Certificate of insurance.
(1)Â
As part of this application for a demolition permit, a certificate
of insurance for liability shall be delivered to the Building Inspector
of the Village of Walden as agent for the Village of Walden. The minimum
limits of said liability for the demolition of buildings and structures,
whether in a homeowner's insurance policy or a separate liability
policy, shall be subject to the recommendations from the Village's
insurance company at the time the application is applied for.
(2)Â
All insurance certificates shall include the Village of Walden as
an additional insured. It shall also name the Village officers, employees,
agents, etc., as additional insureds.
(3)Â
Insurance certificates or agreements in a form approved by the Village
Attorney, holding the Village of Walden, its officers and employees
and agents from liability resulting from work allowed by a demolition
permit, shall be delivered to the Building Inspector as agent for
the Village of Walden prior to the commencement of demolition.
C.Â
Terms and conditions of permit. Any person making application for
a demolition permit shall obtain approval for the demolition from
the Orange County Department of Health if such approval is determined
as necessary by the Village of Walden Building Inspector.
(1)Â
Prior to demolition, the contractor will erect a system of barricades
around the construction site and have the electric, gas and telephone
services disconnected by the respective utility companies. Demolition
shall conform to the Industrial Code, Rule No. 23, New York State
Department of Labor, Protection of Persons Employed in Construction
and Demolition Work, a copy of which may be obtained from the Village
Clerk. The Superintendent of Public Works of the Village of Walden,
or his designated representative, shall disconnect and cap the water
service to the building or structure being demolished and plug the
sewer laterals to such building structure. The owner shall pay to
the Village Clerk the actual cost of the disconnection work.
(2)Â
The contractor shall obtain appropriate approval for the water use
on the site from the Superintendent of Public Works for dust control
and have sufficient lengths of one-and-one-half-inch and/or two-and-one-half-inch
hose for this purpose. The contractor shall provide a flagman for
traffic control when necessary, and should a street have to be closed,
he shall obtain permission from the Superintendent of Public Works,
the Chief of Police and the Fire Chief of the Village of Walden.
(3)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.
(4)Â
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.
(5)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. 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 wood, trim or other
unrequited material, subject to the approval of the Village of Walden
Building Inspector.
(6)Â
During the demolition work, debris must be systematically removed
from the site and not be allowed to pile up or cause any obstruction
which would prevent movement within the property or the blocking of
means of egress and ingress from the property.
(7)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 up to a depth of at least
24 inches below the present grade or at least 24 inches below any
future 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 and covered at least 24
inches with clean fill.
(8)Â
Demolition of any building or structure shall be carried on during
daylight hours on normal Village workdays. Demolition of a building
or structure may proceed on days other than normal Village workdays,
provided that notice of the work is given in advance to the Building
Inspector and said Building Inspector permits the work to proceed
at the requested times. 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 of a building or structure be carried on
after dark. An adjustment will be made in the fee schedule by resolution
of the Board of Trustees to include non-Village workdays when demolition
is to take place in regular course of time or in a declared emergency.
(9)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.
(10)Â
In-ground storage tanks on the demolition site shall be removed
from the demolition area.
(11)Â
No explosives may be used in connection with demolition of buildings
or structures in the Village of Walden unless a special permit is
first obtained from the Village Clerk and approved by the Village
Fire Chief.
(12)Â
All demolition work shall comply with the New York State regulations
pertaining to demolition operations at or near underground facilities
as set forth in 12 NYCRR 53.
(13)Â
No demolition permit for a building or structure determined
by the Building Inspector to be historically significant shall be
issued within 15 days of the filing of an application for such a permit.
The purpose of this minor time delay is to allow, with the consent
of the property owner, the chance for a Village representative to
survey and photograph the building or structure or any of its features
for cataloging the same for historic preservation purposes.
[Added 7-24-2007 by L.L. No. 5-2007]
D.Â
Enforcement. The Building Inspector is empowered to issue a stop-work
order if, in the judgment of the Building Inspector, the work is not
being performed in a safe and sanitary manner or is not otherwise
in conformance with the requirements of this chapter.
A.Â
All cellars and basements of demolished buildings or structures shall
be filled in and made safe by filling and tamping 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 completion and approved by the
Building Inspector. A sizable cash bond, the value of which will be
determined by the Village of Walden to ensure that the site restoration
is completed as per the municipal and state building codes or failure
to do so or complete same, shall leave the Village of Walden funds
through forfeiture of the bond to complete the work.
B.Â
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, the Village of Walden may do the necessary work
involved, either with Village employees or outside contractors, and
the cost of making the location safe shall be assessed against such
property. The owner shall have 10 days to pay the assessed costs.
If the owner does not pay these costs within the ten-day period, such
costs shall constitute a lien against the land on which said building
is located and shall be levied and collected in the same manner as
provided in Article 5 of the Village Law for the levy and collection
of real property taxes.
Immediately after said demolition, the Building Inspector shall
notify the Village Clerk and the property owner, in writing, that
demolition for which a permit was issued has been completed and accepted.
Any person committing an offense against any provision of this
chapter shall be guilty of a violation, punishable as follows: by
imprisonment for a term not exceeding 15 days or by a fine not exceeding
$250, or by both a fine and imprisonment. The continuation of an offense
against the provisions of this chapter shall constitute, for each
day the offense is continued, a separate and distinct offense thereunder.
