[HISTORY: Adopted by the Board of Trustees of the Village
of Fishkill as indicated in article histories. Amendments noted where
applicable.]
[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Editor’s Note: This local law also repealed former Art.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:
The Village Official appointed pursuant to § 53-3B of the Village Code.
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.
A permit issued by the Code Enforcement Officer for the demolition
of a structure.
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.
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.
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.
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.
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.
