[G.O. No. 1386, § I; G.O. No. 1894, § I;
amended 12-8-2015 by G.O. No. 2058; 9-8-2020 by G.O. No. 2188]
The demolition of any structure or building within the Town of Westfield shall require a permit from the Zoning Official of the Town of Westfield. For purposes of this Article IA, the term "demolition" shall be defined as the removal, destruction or demolition of more than 75% of the area or volume, whichever is more restrictive, of the whole building or structure at the time of the partial demolition. In the event of doubt as to whether the proposed action to the building or structure is a demolition within the meaning of this article, the decision of the Zoning Official shall be final, but may be appealed to the Zoning Board of Adjustment.
[G.O. No. 1386, § I; amended 12-8-2015 by G.O.
No. 2058; 9-8-2020 by G.O. No. 2188]
(a)
A person seeking a permit to demolish a building or structure within
the Town of Westfield shall first apply for such permit at the office
of the Zoning Official of the Town, and said application shall be
on forms provided by the Zoning Official. Such application shall require
the following information:
(1)
Name and address of the owner of the building or structure;
(2)
The name and address of the contractor who will demolish the building
or structure;
(3)
A statement as to the liability insurance coverage of said contractor
for said work which shall be in a minimum amount of $300,000, which
shall set forth amount of coverage, insurance company and insurance
agent;
(4)
The written consent of the owner of the property and any mortgagees
who may hold a mortgage on the property to demolish the building or
structure;
(5)
Proof that the taxes on the property are current.
(b)
The Zoning Official shall determine compliance with requirements
of this article for obtaining a permit to demolish.
[G.O. No. 1386, § I; G.O. No. 1894, § I;
amended 12-8-2015 by G.O. No. 2058; 9-8-2020 by G.O. No. 2188]
(a)
The following requirements must be met before a permit shall be approved
by the Construction Official:
(1)
A copy of the demolition approval issued by the Zoning Official dated
no more than 30 days prior to the application for a Uniform Construction
Code permit for demolition;
(2)
All fees required by this chapter are paid;
(3)
Statements from the utilities supplying telephone, cable television,
electricity, water and gas that these utilities have been disconnected
from the structure or building at the street line;
(4)
Inspection by the Fire Subcode Official and/or Fire Prevention Officer
of the Town of Westfield to determine that all flammable, explosive,
toxic, or otherwise hazardous materials have been removed from the
building or structure and certification by him that the building or
structure is free of such flammable, explosive, toxic or otherwise
hazardous materials and safe to demolish. By requesting a permit,
the applicant authorizes inspection of the interior and exterior of
the premises;
(5)
Proof satisfactory to the Construction Official that provisions have
been made to remove all debris and fill any excavation below grade
level which remains as a result of the demolition with clean fill;
(6)
Proof of compliance with all applicable provisions of the Town Code;
(7)
Proof that rodent baiting has been done at the property for at least
seven days;
(8)
Abestos.
a.
Submission
of an appropriate certification from a licensed asbestos contractor
following an inspection of the building or structure certifying that
no asbestos is located at, on or in any building or structure located
on the property; or
b.
Submission
of an appropriate certification from a licensed asbestos contractor
that any asbestos located at, on, or in any building or structure
located on the property has been removed and disposed of in accordance
with all applicable federal, state and local laws and regulations.
(b)
A copy of any such demolition permit approval issued by the Construction
Official shall be sent to the Town Administrator on a monthly basis.
[G.O. No. 1894, § I; amended 12-8-2015 by G.O.
No. 2058; 9-8-2020 by G.O. No. 2188]
(a)
Following approval of a person's application to demolish a building
or structure within the Town of Westfield, the owner of the property
or an authorized agent of the owner shall provide notice in the manner
set forth herein.
(b)
The owner of the property for which a demolition approval has been
granted shall provide to each owner of lots adjoining the subject
property and to the owners of wired or other facilities, the temporary
removal of which may be necessitated by the proposed work, notice
that a demolition approval has been approved by the Zoning Official.
(c)
The notice shall contain the following information:
(1)
The date of the approval of the demolition.
(2)
Contact information for the owner of the property and the contractor
to perform the demolition, including name, address and telephone number
and cellular telephone information, if any.
(3)
The estimated date of the demolition of the building or structure
on the property.
(d)
Notice to adjoining property owners shall be given at least three
business days prior to the proposed demolition by:
(e)
The owner or his authorized agent shall file an affidavit of proof
of service of the notice required by this section with the Construction
Official.
(f)
Demolitions shall be prohibited on weekends and federal public holidays.
[G.O. No. 1894, § I; amended 12-8-2015 by G.O.
No. 2058; 9-8-2020 by G.O. No. 2188]
The Construction Official shall issue a permit for demolition
sought pursuant to this article only after all of the following requirements
have been met:
[G.O. No. 1386, § I; G.O. No. 1894, § I;
amended 12-8-2015 by G.O. No. 2058; 9-8-2020 by G.O. No. 2188]
Within five working days after demolition is complete, all debris
shall be removed from the site and any excavation resulting shall
be filled with clean fill unless an extension of such time is obtained
from the Construction Official for good cause shown.
[G.O. No. 1386, § I; G.O. No. 1894, § I;
amended 12-8-2015 by G.O. No. 2058; 9-8-2020 by G.O. No. 2188]
In the case of emergencies where there is a present danger to
persons or property because of the condition of a structure or building
as a result of fire, explosion or other cause, the Construction Official
or the Town Engineer shall have the power to issue a demolition permit
at his own discretion so long as he is satisfied that a bona fide
emergency exists and that the structure to be demolished has been
disconnected from all utility services as required by this article
and that no hazards exist within the building which would render it
dangerous to demolish. The Town of Westfield shall be exempt from
the requirements of obtaining a permit under this article for the
demolition of any building or structure by the Town of Westfield,
but the Town shall comply with all safety requirements of this article.
[G.O. No. 1386, § I; G.O. No. 1894, § I;
amended 12-8-2015 by G.O. No. 2058; 9-8-2020 by G.O. No. 2188; 11-10-2020 by G.O. No.
2195]
Any person commencing demolition or demolishing any building
or structure or who causes or suffers the demolition of any building
or structure within the Town of Westfield without first having obtained
a zoning approval and/or a permit therefor, or having demolished a
building or structure and/or fails to remove the debris or fill any
excavations as provided herein, shall be deemed in violation of this
article. In the event of such violation, the Zoning Official shall
cause a summons and complaint to be issued returnable in the Municipal
Court charging violation of this article. Penalty for violation shall
be a fine not more than $2,000, no more than 30 days in jail, or both.
Each day that such offense continues shall be considered a separate
offense.[1]
[1]
Editor's Note: Former § 8-11.2, which immediately
followed this section, was repealed by Ord. No. 990.
