[HISTORY: Adopted by the City Council of the City of Vineland 8-9-2016 by Ord. No. 2016-24. Amendments noted where applicable.]
The demolition of any structure or building within the City of Vineland shall require a permit pursuant to N.J.A.C. 5:23-2.17, or other applicable regulation which shall be issued by the Construction Official. For purposes of this chapter, the term "demolition" shall be defined as the removal, destruction or demolition of any building and/or structure. For purposes of this chapter, "structure" shall not include a structure of a nonpermanent nature but shall include all structures defined in the State Uniform Construction Code, such as in-ground pools and underground storage tanks (UST). The demolition of residential USTs and/or in-ground pools shall only be required to comply with §§ 635-2, 635-6 and 635-7 hereof but shall be required to comply with any other applicable statute and/or Code section.
A.
A person, firm or entity seeking a permit to demolish a building
or structure in accordance with this chapter shall first apply for
such permit, at the office of Licenses and Inspections, and shall
complete an application on the form provided by the Construction Official.
The application shall require the following information:
(1)
Name and address of the owner of the building or structure.
(2)
Name and address of the person, firm or entity performing the demolition.
(3)
A copy of the certificate of liability insurance of the person, firm
or entity performing the demolition which shall be in the amount of
not less than $300,000 per occurrence.
B.
Submission with the application of the following information and/or
documents.
(1)
Written consent of the owner of the building or structure, and any
mortgagees who may hold a mortgage on the property, buildings or structures.
(2)
Proof that all municipal taxes on the property are paid or satisfied
and current.
(3)
Posting of surety in the form of cash, certified check, a revocable
letter of credit or a surety bond issued by a surety company authorized
to do business in the State of New Jersey in an amount of $10,000
for the demolition of one- or two-family homes and/or their accessory
buildings over 1,400 square feet of floor space. Surety for the demolition
of one- and two-family homes and/or their accessory buildings fewer
than 1,400 square feet of floor space shall not be required. Surety
in the amount of $50,000 shall be posted for all other building or
structures. The purpose of surety is to assure that the terms and
obligations contained in this chapter, including the completion of
the demolition, adequate topsoil and seeding, where applicable and
final rodent extermination, are completed in a proper workmanlike
manner.
(4)
A certificate of extermination from a recognized or acceptable licensed
extermination contractor, indicating that the building or structure
to be demolished is rodent and vermin exterminated within one week
prior to the demolition.
(5)
In the event the structure to be demolished is serviced by City water,
a fee of $175 shall be paid with the application for the disconnection
of a water service line from the City water main. Only City employees
or their assignees may perform a disconnection of a water service
line from a City water main. Statements from all utilities servicing
the property shall be provided indicating that the utilities have
been disconnected from the building or structure at the curb/street
line.
[Amended 11-27-2018 by Ord. No.
2018-70]
(6)
Proof satisfactory to the Construction Official and Fire Marshal
indicating that the building or structure to be demolished has been
inspected not more than 24 hours prior to demolition and that all
flammable, explosive, toxic, or other hazardous materials have been
removed from buildings or structures, and the surrounding property
upon which the building or structure to be demolished is located and
that the building is vacant of persons.
(7)
Proof satisfactory to the Construction Official that provisions have
been made to remove all debris and fill any below grade level excavation
with clean fill.
C.
Notices. Upon receipt of an approved application for demolition and
not less than seven days from the date scheduled for the demolition,
the owner of the buildings, structures or property, or their representative,
shall notify each owner of adjoining lots of the following:
(1)
Date of the approval of the permit.
(2)
Contact information of the owner of the building, structure or property
and person or entity performing the demolition, including the name,
address and contact phone number.
(3)
Estimated date of demolition. The notice shall be given personally
or by certified mail, serving a copy thereof on the adjoining property
owners as reflected in the current records of the Tax Assessor. An
affidavit of proof of service shall be filed with the Construction
Official not less than three days prior to demolition.
A.
During the demolition process, the person, firm or entity performing
the demolition shall keep the site sufficiently wet so as to keep
dust exposure to a minimum.
B.
In the event of the demolition of the structure or structures of
primary use for the property, all signage, impervious materials and
accessory structures or buildings remaining on the premises shall
comply with applicable land use regulations of the City of Vineland.
C.
Within 10 business days subsequent to the completion of the demolition all debris shall be removed and the owner or applicant shall cause to be filed with the Recycling Coordinator a municipal recycling tonnage report and accompanying documentation in accordance with Chapter 620, §§ 620-20 and 620-21 of the Code of the City of Vineland.
D.
Within 10 business days subsequent to the completion of the demolition, materials shall be removed from the site and any excavation resulting shall be filled with clean fill and covered with topsoil. As soon as practical, considering the season and weather, grass shall be seeded thereon. Notwithstanding the terms of this Subsection C, topsoil and seeding shall not be required should there be a redeveloper's agreement executed, which terms shall take precedence.
E.
A certificate of continued extermination of rodents and vermin within
a perimeter of 50 feet from the demolition site or perimeter of the
property boundary lines, whichever is closer to the demolition site.
The extermination shall continue until all debris and recyclable materials
have been removed and the property covered with topsoil.
Upon the issuance of a certification of completion within the
terms of this chapter, recommendation of the Construction Official
and upon the adoption of a resolution by City Council approving the
same, surety shall be released.
In the event of emergencies where there is a present danger
to persons or property due to the condition of a structure or building,
the Construction Official shall have the authority to order the demolition,
provided said official is satisfied that a bona fide emergency exists
and that the structure or building to be demolished has been disconnected
from all utility services as required by this chapter and that no
hazards exist within the building which would render it dangerous
to demolish. The City shall be exempt from the requirements of obtaining
a permit under this chapter for the demolition of any building or
structure, but shall comply with all safety requirements of this chapter.
Any person, firm or entity demolishing a building or structure
or causing the demolition of any building or structure within the
City of Vineland without first having obtained a permit therefor or
having demolished a building or structure and failing to remove the
debris and/or recyclable materials in accordance herewith, shall be
deemed in violation of this chapter. In the event of such violation,
the Construction Official shall cause a summons and/or complaint to
be issued returnable in the Vineland Municipal Court or any other
Court of competent jurisdiction, charging violations of this chapter.
The penalty for a violation of this chapter shall be fined not more
than $1,000, no more than 30 days in jail, or both. Each day that
such an offense continues shall be considered a separate offense.
Any fines penalties associated with a violation of this chapter shall
be in addition to any other fines and penalties for violations of
other sections of the Code of the City of Vineland, state statutes
or federal regulations.
A.
All provisions of the State Uniform Construction Code relating to
the demolition process are hereby incorporated into this chapter by
reference.
B.
Should any conflict or inconsistency arise between the provisions
of this chapter and the minimum provisions mandated by the State Uniform
Construction Code adopted by the City of Vineland, then the more stringent
provisions of this chapter, to the extent not prohibited by the State
Uniform Construction Code or statute shall govern.
