[HISTORY: Adopted by the Merchantville Borough Council 4-24-1972 by Ord. No. 471. Amendments noted where applicable.]
[Amended 1-26-2009 by Ord. No. 09-02]
No person, firm or corporation shall remove or demolish or commence the removal or demolition of any building or structure in the Borough of Merchantville without first filing with the Building Inspector an application in writing and obtaining a permit therefor.
The application for the permit shall contain the following:
Name and address of the applicant and, if the applicant is not the fee owner of the property, the name and address of the fee owner. If the applicant is a corporation, the name and address of a responsible corporate officer shall appear.
A performance bond guaranteeing completion of demolition in accordance with this chapter.
A certified statement of the proposed work schedule with the approximate number of working days required to complete the work, but in no case in excess of 30 days. Upon application, the Borough Council, for good cause shown, may extend the maximum number of days for completion beyond 30 days.
[Amended 10-15-2002 by Ord. No. 02-14; Deleted 10-13-2004 by Ord. No. 04-19]
[Amended 1-26-2009 by Ord. No. 09-02]
In demolishing any structure or part thereof, story after story shall be removed in a manner that is practical and consistent with demolition practices at the time the permit is issued. The Building Inspector shall approve the method of demolition. In addition to the safety measures as described in Section 20-3 of this chapter, such approval shall consider the orientation of the structure to be demolished to nearby structures, pedestrian walkways and streets; the area available to undertake the demolition; and consideration of any needed coordination with local and county authorities relative to pedestrian and vehicular traffic flow and safety. The material to be removed shall be properly wet to minimize the dust incident to its removal.
Demolition, removal and disposal of building materials and/or other building site debris shall be in accordance with any and all requirements of the New Jersey Department of Environmental Protection, and/or any other State, Federal and/or other agency having jurisdiction related to the disposal of such materials.
When any structure abutting a public street or sidewalk is to be demolished, an appropriate fence or sidewalk bridge, or both, shall be provided as required and approved by the Building Inspector.
All required sidewalk bridges shall be dustproof and lighted between sunset and sunrise.
Safety measures shall be provided for all workmen and there shall be suitable protection for the general public.
No explosives shall be utilized in the demolition of any building or structure.
When a building has been demolished and no building permit obtained for another building operation, the lot shall be filled, graded and maintained in conformity to the established street grades at curb level. The lot shall be maintained free from the accumulation of rubbish and all other unsafe or hazardous conditions which endanger the life or health of the public, and provisions shall be made to prevent the accumulation of water or damage to any foundation on the premises or on private or public property.
If any demolition contractor fails to complete the work for which a permit has been issued within 10 days after the expiration of the time period specified in the statement submitted in support of the permit application under § 20-1C(3) of this chapter, the Borough Council, after the service of a three-day written notice, shall declare the contractor in default and proceed to have the demolition completed by exercising its rights under the performance bond.
Any contractor engaged in the demolition of a building or structure or any part thereof within the Borough of Merchantville shall file with the Borough Clerk evidence of the contractor's financial responsibility in the form of a certificate of insurance, specifying demolition purposes. Liability insurance covering bodily injury to persons with limits of at least $100,000.00 per person with an aggregate of at least $300,000.00 shall be provided; also, liability insurance covering property damage of at least $50,000.00 per accident, with an aggregate of at least $100,000.00, and in addition a completion of performance bond as called for by § 20-1C(2). The certificate of insurance shall provide that the borough and its agents shall be saved harmless from any claim or claims resulting from the operations of the demolition which are caused by the negligence of the applicant, its agents or employees.
Curbs, sidewalks and street paving are not to be removed or damaged. Any broken sidewalks or flagstone pavement that is removed or damaged during excavation shall be replaced or repaved in a good and workmanlike manner. The applicant or the person in charge of demolition shall be responsible at all times for keeping the borough's streets contiguous to the site of demolition clean of all debris resulting from the operations connected with demolition. The applicant or the person in charge of demolition shall be liable for repair and restoration of any public streets which may be damaged during the course of excavation and shall pay all costs resulting therefrom, including but not limited to engineering fees.
Sections 20-1C(2), 20-6 and 20-7 of this chapter shall not apply to a residence property owner who personally removes or demolishes a garage, barn or shed located on his property, provided that said garage, barn or shed is located at least 25 feet from the sidewalk line, and such demolition can be accomplished without undue hazards.
Any person, firm or corporation violating any provision of this chapter shall, in addition to the remedy provided in § 20-5 hereof, upon conviction be punished by a fine not exceeding $500.00 or by imprisonment in the Camden County Jail not exceeding 90 days, or both. Each and every day on which any violation exists shall be a separate violation.
If for any reason any section or any part of a section, paragraph or provision of this chapter shall be questioned in any court and shall be held to be unconstitutional or invalid, the same shall not be held to affect any other section nor any part of a section, paragraph or provision of this chapter.
All ordinances and parts of ordinances inconsistent herewith, to the extent of such inconsistencies, be and the same are hereby repealed.
This chapter shall become effective upon the passage and publication according to law.