[HISTORY: Adopted by the Board of Trustees of the Village
of Oakfield 10-9-2012 by L.L. No.
1-2012. Amendments noted where applicable.]
A.
The Board
of Trustees of the Village of Oakfield (the Board) has determined
that the preservation of the character and appearance of the Village
and the maintenance of its real property tax base are priority concerns.
B.
The Board
has determined that unregulated demolition of buildings on a random
basis has detracted from the character, appearance and real property
tax base.
C.
The Board
has determined that, absent compelling circumstances, as defined below,
demolition of existing structures shall be prohibited.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
The provisions of this chapter shall be in addition to, and
in furtherance of, the New York State Uniform Fire Prevention and
Building Code.
Compelling circumstances shall consist of:
A.
The presence of an unsafe building, as defined below;
B.
Unnecessary hardship, as defined below, would be imposed on the owner
if the demolition were not allowed; or
C.
The assessed value of the structure or improvement which replaces
the building or structure to be demolished would be at least 50% greater
than the assessed value of the existing building or structure.
An "unsafe building" shall be defined as follows:
A.
All buildings
or structures which have any or all of the following defects shall
be deemed "unsafe buildings."
(1)
Those
whose interior walls or other vertical structural members list, lean
or buckle to such an extent that a plumb line passing through the
center of gravity falls outside of the middle third of its base.
(2)
Those
which, exclusive of the foundation, show 33% or more of damage or
deterioration of the supporting member or members, or 50% of damage
or deterioration of the nonsupporting enclosing or outside walls or
covering.
(3)
Those
which have improperly distributed loads upon the floors or roofs or
in which the same are overloaded or which have insufficient strength
to be reasonably safe for the purpose used.
(4)
Those
which have been damaged by fire, wind or other causes so as to have
become dangerous to life, safety, morals or the general health and
welfare of the occupants or the people of the Village of Oakfield.
(5)
Those
which have become or are so dilapidated, decayed, unsafe, unsanitary
or which so utterly fail to provide the amenities essential to decent
living that they are unfit for human habitation or are likely to cause
sickness or disease, so as to insure the health, morals, safety or
general welfare of those living therein.
(6)
Those
having light, air and sanitation facilities which are inadequate to
protect the health, morals, safety or general welfare of human beings
who live therein.
(7)
Those
having inadequate facilities for egress in case of fire or panic or
those having insufficient stairways, elevators, fire escapes or other
means of escape.
(8)
Those
which have parts thereof which are so attached that they may fall
and injure members of the public or property.
(9)
Those
which because of their condition are unsafe, unsanitary or dangerous
to the health, morals, safety or general welfare of the people of
this Village.
(10)
Those
buildings existing in violation of any zoning provision of the Village
and any other regulations enacted by the Village.
(11)
Any
building or structure which remains vacant and unattended continuously
for a period of five years.
A.
"Unnecessary hardship" shall be defined as follows:
(1)
The applicant cannot realize a reasonable return, provided that lack
of return is substantial as demonstrated by competent financial evidence;
(2)
That the alleged hardship relating to the property in question is
unique and does not apply to a substantial portion of the district
or neighborhood;
(3)
That the requested demolition permit, if granted, will not alter
the essential character of the neighborhood; and
(4)
That the alleged hardship has not been self-created.
B.
In analyzing the presence of all four factors, or the absence of any one of the four factors, all New York case law which has developed in the law of use variances shall be relevant and applicable to the demolition permit application process. The applicant shall also furnish to the Code Enforcement Officer the documents listed in § 135-6A(1) through (10), inclusive.
A.
In analyzing whether the structure or improvement which replaces
the structure or building to be demolished results in a 50% increase
in assessed value, the applicant shall submit the following documents:
(1)
Currently dated instrument survey.
(2)
Site plan for the new improvement of the property by a licensed engineer.
(3)
As-built drawings of the structure or improvement to be constructed
by a licensed architect.
(4)
Architect rendering of three elevations of the structure or improvement.
(5)
Appraisal by a licensed appraiser concerning the fair market value
of the improvement or building to be constructed.
(6)
Demolition contract.
(7)
Construction contract.
(8)
Certificate from the Genesee County Department of Health and/or New
York State Department of Environmental Conservation that the premises
are free of asbestos or a DEC-approved asbestos abatement program
will be implemented prior to demolition.
(9)
A Phase I environmental assessment from a licensed environmental
engineering firm showing that there are no underground petroleum or
chemical tanks and that the premises are free from soil contamination
from petroleum products or hazardous substances and shall remain free
from contamination during and after demolition. If an underground
tank or soil contamination is found, a Phase II study shall be conducted,
and all indicated remedial steps shall be taken prior to the issuance
of a demolition permit.
(10)
A SEQR assessment.
B.
In the event that the Village Engineer or Village Attorney is consulted
by the Planning Board, Village Board or Code Enforcement Officer,
the applicant shall pay the Village for all time spent by the Village
Engineer and Village Attorney in reviewing the application, meeting
with Village officials and employees and in attending meetings of
the Planning Board and Village Board. No demolition permit shall be
issued prior to payment of all Village engineering and legal fees
incurred in relation to the application and permit.
A.
The Assessor and Code Enforcement Officer shall review all information
and documents submitted by the applicant. Within 30 days after the
applicant has submitted all required documents to the Code Enforcement
Officer, he/she shall render a written decision on whether he/she
will refer the application to the Planning Board based on unnecessary
hardship or whether the building or structure is unsafe.
B.
Within 30 days after the applicant has submitted all required documents
on the assessed valuation issue to the Assessor, he/she shall render
a written decision on whether he/she will refer the application to
the Planning Board.
A.
In the event that the Code Enforcement Officer issues a decision
unfavorable to the applicant on the issue of whether the structure
or building is unsafe or on the issue of unnecessary hardship, the
applicant shall appeal to the Planning Board of the Village within
30 days of the date of posting the unfavorable decision to the applicant
by the Code Enforcement Officer.
B.
In the event that the Assessor issues a decision unfavorable to the
applicant on the issue of increased assessed valuation, the applicant
shall appeal to the Planning Board of the Village within 30 days of
the date of posting the unfavorable decision to the applicant by the
Assessor.
In the event that the Village Planning Board issues a decision
unfavorable to the applicant, whether there was a favorable recommendation
or denial by the Code Enforcement Officer or Assessor, the applicant
shall appeal to the Village Board of Trustees within 30 days of the
date of posting the unfavorable decision to the applicant by the Clerk
of the Planning Board.
In the event that the Village Board of Trustees issues a decision
unfavorable to the applicant, whether there was a favorable recommendation
or denial by the Planning Board, the applicant shall commence a legal
proceeding challenging the decision of the Village Board of Trustees
within 40 days of the date of posting the unfavorable decision to
the applicant by the Clerk-Treasurer of the Village of Oakfield.
All applications for demolition permits shall be subject to
a three-tiered review process at a minimum, with a four-tier review
process if the building or structure is within the jurisdiction of
the County Planning Board. The tiers are:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The fee for a demolition permit shall be $200 or such other
fee as may be set from time to time by resolution of the Village Board
of Trustees.
This chapter shall not apply to any structure with an area of
500 square feet or less, or to any structure which does not front
on a street or highway within the Village of Oakfield.
