[HISTORY: Adopted by the City Council of the City of Lackawanna 1-21-2015. Amendments noted where applicable.]
A.
It is the purpose of this chapter to protect the public health, safety
and welfare with respect to the demolition of structures located in
the City of Lackawanna; to protect structures of special value to
the community; and to enhance the visual environment of the City by
regulating total and partial demolition of structures in the City
of Lackawanna.
B.
In relation to this purpose, the chapter is intended to:
(1)
Protect people and properties from unsafe demolition practices and
exposure to hazardous substances or unsafe situations occurring before,
during or after demolition.
(2)
Protect and preserve those structures of special historic, aesthetic,
cultural or economic value, and assure future use of the site is not
unreasonably impaired.
[Amended 7-22-2019]
(3)
Ensure that, after demolition, sites are developed and maintained
to give an attractive appearance.
(4)
Ensure that development proposals that include demolition of structures
are consistent with City policies regarding land use, visual character,
health and safety.
This chapter shall be known as the "Demolition Regulation Ordinance
of the City of Lackawanna."
All demolition activities requiring a building permit pursuant to Chapter 75 of the City Code shall be in conformance with the provisions set forth herein.
Where this chapter imposes greater restrictions than are imposed
by the provision of any law, ordinance, regulation or private agreement,
this chapter shall control. Where greater restrictions are imposed
by any law, ordinance or regulation than are imposed by this chapter,
such greater restrictions shall control.
The following definitions shall apply in the interpretation
and enforcement of this chapter:
The razing, disassembly or removal of:
The Director of Development of the City or his or her duly
authorized representative.
The condition when a building or structure is an imminent
danger to life, health or safety as a result of structural instability,
fire or any other dangerous or hazardous situations or as a result
of substantial violations of any code, ordinance or regulation enforced
by the City of Lackawanna.
A substance that:
Because of its quantity, concentration or physical, chemical
or infectious characteristics causes physical injury or illness when
improperly treated, stored, transported, disposed of or otherwise
managed.
Poses a present or potential hazard to the environment when
improperly treated, stored, transported, disposed of or otherwise
managed.
Because of its toxicity or concentration within biological chains,
presents a demonstrated threat to biological life cycles when discharged
into the environment.
Is a hazardous substance as defined under the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as
amended (42 U.S.C. § 9601 et seq.).
A building permit for demolition, pursuant to Chapter 75 of the City Code.
Anything constructed or erected, the use of which requires
permanent location on the ground, or anything attached to something
having a permanent location on the ground, but not including paving
or surfacing of the ground.
A.
Before any demolition activity is commenced, a demolition permit application shall have been filed with the Director, and this application shall have been approved and a building permit shall have been granted pursuant to the provisions of this chapter and of Chapter 75 of the Municipal Code.
C.
At the time of filing a demolition permit application, a permit fee, as established in § 75-16 of the Building Code, shall be made payable to the City Treasurer.
D.
In addition to any other fee or penalty, the Director shall have
the authority to charge a fee equal to the actual costs to the City
of any special activity, including but not limited to inspection,
investigation and/or monitoring, whether by City employees or paid
consultants, deemed necessary to protect the public health, safety
and welfare from any exposure to any hazardous substance or unsafe
situation that could result from the proposed demolition. The owner
shall be notified in writing, by first-class mail with delivery confirmation
at the address provided in the application, in advance of any special
activity which may cause such fee to be assessed; shall be provided
with a written estimate of the amount of the fee; and shall be permitted
to withdraw the demolition application from consideration.
E.
If the application is withdrawn prior to the commencement of the special activity, no fee pursuant to this section shall be charged. If the application is not withdrawn within 15 days from receipt of the notice of the proposed special activity, the estimate of the amount of the fee and the option to withdraw the application, then the City may proceed with the special activity. The applicant shall pay the fee before a permit is issued or, if such permit has already been issued, the applicant shall pay the fee before a letter of completion is issued by the Director. The applicant shall be liable for the full fee, representing the actual cost to the City of any special activity as described above, even if such fee shall exceed the written estimate. Such costs shall also be a lien upon the property from the first day the costs are billed to the owner. Such costs shall be assessed and billed to the owner as set forth in Chapter 201 of the City Code for the levy and collection of a special ad valorem levy.
F.
The Director shall have the authority to grant or deny all permits
pursuant to this chapter. In granting a permit for demolition, the
Director may attach such conditions as are deemed necessary to assure
compliance with the provisions of this chapter.
G.
Prior to granting a permit for demolition, the Director shall determine
that the request is consistent with the purpose and standards set
forth in this chapter.
H.
No permit for demolition shall be granted unless applicable requirements of Chapter 75 of the Building Code have been satisfied.
I.
Prior to the issuance of any building permit for demolition, the
applicant shall provide proof, satisfactory to the Director, that
a comprehensive liability policy exists which covers the demolition
work. The Director shall establish minimum limits of insurance and
may require that the City be named as an additional insured.
J.
For all demolition activity requiring a plumbing permit, no permit
for demolition shall be granted unless such plumbing permit has been
issued.
K.
For all demolition activity requiring a water cutoff permit, no permit
for demolition shall be granted unless such water cutoff permit has
been issued.
L.
Prior to the issuance of any permit for demolition, the applicant
shall provide proof, satisfactory to the Director, that all rodents
at the subject property have been exterminated.
M.
Modifications of the terms of approved applications or permits shall
follow the same application, review and approval procedures as those
set forth in this section for the original permit.
N.
The Director may order inspection of sites to be conducted as frequently
as necessary to assure compliance with the terms of approved permits
and the provisions of this chapter and may issue written notification
of any violations of these terms or provisions.
A.
A request for a permit for demolition activity shall be initiated
by filing with the Director a demolition permit application. The Director
may require that additional copies of the application be filed and
may modify the requirements concerning materials to accompany the
application by waiving or adding such requirements as is deemed necessary
to determine the effect of the demolition on the environment and as
is deemed appropriate to the nature and scope of the proposed activities.
The Director may require the applicant(s) to submit amended application
materials if those submitted are deemed to be of insufficient scale
or quality or not to meet the standards of this section.
B.
Permit application data required. Except for modifications authorized
or required by the Director, the plans and specifications accompanying
the demolition application shall contain the following data:
(1)
The applicant's name and address and his or her interest in
the property.
(2)
The owner's name and address, if different from the applicant,
and the owner's signed consent to the filing of the application.
(3)
The street address, parcel identifier number or legal description
of the property.
(4)
The zoning classification and present use of the subject property.
(5)
A description of the proposed demolition activity and of subsequent
development plans for the property.
(6)
Identification of all structures, sites or properties of historic
or archaeological significance to be affected by the proposal, including
but not limited to the following:
(a)
All buildings, structures, landscapes, sites, objects or properties
which are local landmarks or are located within a preservation district
designated pursuant to the City Code.
(b)
All buildings, structures, landscapes, sites, objects or district
properties listed on or determined eligible for listing on the National
Register of Historic Places, pursuant to the provisions of the National
Historic Preservation Act of 1966, as amended, and its implementing
regulations.
(c)
All buildings, structures, landscapes, sites, objects or district
properties listed on or determined eligible for listing on the State
Register of Historic Places, pursuant to the provisions of the New
York State Historic Preservation Act of 1980, as amended, and its
implementing regulations.
(d)
All buildings, structures, landscapes, sites, objects or district
properties which have been identified by the Director as potentially
eligible for listing on the National and State Registers of Historic
Places.
(7)
Identification of all hazardous substances to which people or properties
may be exposed before, during or after the proposed demolition activity.
(8)
A hazardous substances abatement and disposal plan, if applicable,
including copies of any required state or federal certifications.
(9)
An asbestos survey performed pursuant to New York State Industrial
Code Rule 56 (12 NYCRR 56), if required by Code Rule 56.
(10)
A building materials disposal plan, including proof of authorization
to dispose of the full quantity of material.
(11)
A site plan at the scale of one inch to 50 feet or at the scale of
one inch to 20 feet illustrating the following at the time of the
application:
(a)
The boundary lines and dimensions of the subject property; existing
subdivision lots; available utilities; and easements, roadways, rail
lines, areaways, vaults, tunnels, bridges, survey monuments and public
rights-of-way crossing and adjacent to the subject property.
(b)
All significant natural, topographical or physical features
of the property and adjacent or crossing public rights-of-way, including,
at least, watercourses, marshes, trees in excess of four inches in
diameter and existing contours in excess of four feet in 100 feet.
(c)
The location, size, use and arrangement of all structures on
the property.
(d)
Identification of each structure on the property to be affected
by the proposed demolition, annotated with the height in stories and
feet and the total floor area of each such structure.
(e)
Minimum distances between the structure(s) and the lot lines.
(f)
The location and dimensions of all vehicular and pedestrian
circulation elements, including streets and roadways, driveways, entrances,
curbs, curb cuts, parking stalls, loading spaces and access aisles;
and sidewalks, walkways and pathways.
(g)
All surface and subsurface drainage facilities.
(12)
Clear photographs of all exterior elevations of each structure to
be demolished or to be affected by the proposed demolition and photographs
showing the condition of public rights-of-way crossing and adjacent
to the subject property that might be affected by the proposed demolition.
(13)
A site plan at the scale of one inch to 50 feet or at the scale of
one inch to 20 feet illustrating the site once the proposed demolition
and subsequent project improvements are completed, which shall include:
(a)
The boundary lines and dimensions of the subject property; subdivision
lots; utilities; and easements, roadways, rail lines, areaways, vaults,
tunnels, bridges, survey monuments and public rights-of-way crossing
and adjacent to the subject property.
(b)
Any proposed regarding of the subject property and adjacent
or crossing public rights-of-way as well as all significant natural,
topographical or physical features, including, at least, watercourses,
marshes, trees in excess of four inches in diameter and existing contours
in excess of four feet in 100 feet.
(c)
The location, size, use and arrangement of all remaining and
proposed structures on the property.
(d)
Minimum distances between the structure(s) and the lot lines.
(e)
The location and dimensions of all vehicular and pedestrian
circulation elements, including streets and roadways, driveways, entrances,
curbs, curb cuts, parking stalls, loading spaces and access aisles;
and sidewalks, walkways and pathways.
(f)
All remaining and proposed surface and subsurface drainage facilities.
(g)
Proposed landscaping, including the type, location and quantity
of all plant materials, location and height of fences or screen plantings
and the type or kind of building materials or plantings to be used
for fencing or screening.
(h)
Identification of all walls or structural features to become
exposed as a result of the proposed demolition.
(i)
The location, designation and total area of all usable open
space and the extent to which it is to be improved.
(j)
The location, size and arrangement of all outdoor signs and
lighting.
(k)
The location of any proposed outdoor storage of trash, along
with the type and number of storage containers as well as evidence
as to how the storage area and/or containers will be screened from
view from adjoining properties or streets when viewed from ground
level.
(14)
For each wall or structural feature to become exposed as a result
of the demolition, the following information:
(a)
Plans, specifications and elevations showing proposed treatment
of the surface of the wall to be exposed, including any necessary
structural or aesthetic modifications.
(b)
A written statement of a New York State-licensed professional
engineer or a New York State-licensed registered architect as to the
structural stability and integrity of the wall or structural feature
if the demolition and subsequent treatment is completed as proposed.
(15)
Elevations of all structures proposed to be constructed on the site.
(16)
A time schedule indicating when major phases of the proposed project
are to be initiated and completed.
(17)
Where demolition activities encroach into the public right-of-way,
a permit for work in the right-of-way. Permit requirements include
a plan approved by the City Engineer for maintaining and protecting
pedestrian and vehicular traffic and that specifies the location of
equipment and schedule of activity. The City Engineer is authorized
to waive permit fees for work being done as part of the demolition
of City-owned structures.
The Director shall issue written findings setting forth the
manner in which any disapproved application fails to comply with the
standards listed below. The Director shall not approve demolition
applications submitted pursuant to this chapter unless the application
complies with all of the following standards:
A.
The application is complete and does not contain or reveal any violation
of this chapter or other applicable regulations which the applicant
has, after written request, failed or refused to supply or correct.
B.
The proposed development that includes demolition does not unnecessarily
endanger the safety, health or welfare of persons who live, work or
recreate in the City by exposing or increasing the chance of exposure
of persons to hazardous substances or unsafe structures or situations.
C.
The proposed development that includes demolition does not unnecessarily
destroy, damage, detrimentally modify or interfere with the enjoyment
of significant natural, physical, historic, cultural or educational
features on or off the site.
D.
The proposed development that includes demolition does not conflict
with, or hinder the implementation of, provisions of the Comprehensive
Plan or of other adopted plans or policies of the City.
E.
Demolition work. All demolition work to be performed under this chapter
shall include the demolition and removal of all buildings, structures
above and below grade level, above- and below-ground storage tanks,
underground tunnels, floors and appurtenances thereto and foundations
removed to virgin soil. No partial removal or partial demolition of
any structure and its components may take place without the written
approval of the Director of Development. All demolition work shall
include the following:
[Added 7-22-2019]
(1)
Removal of all old materials and rubbish of every description from
the site of the demolition work, including all basements and/or cellars.
(2)
All foundations, concrete floors located in basements, sub-basements,
cellars, boiler rooms and crawl spaces, etc., shall be broken, removed
and dispensed of in conformance with this chapter.
(3)
In all cases where a retaining wall is demolished and/or removed
or where the pitch of the finished, graded lot would likely cause
erosion problems or where what is known as an embankment would have
been formed, the contractor and the Code Enforcement Officer, or his
designee, shall meet at the site and agree on type and method of installing
fill materials, angle, pitch and relation of finished grade to sidewalk
and walkway.
(4)
Any damages to existing sidewalks, curbs, or streets caused in the
performance of the work of this contact shall be replaced in kind
and/or repaired. All remedial work shall be done by the contactor
at his own expense, bearing the cost of restoring affected streets
and curbs to a good and satisfactory condition and shall be approved
by a Code Enforcement Officer.
(5)
In the filling of excavations, voids and/or depressions, filling
materials must conform to the following standards: The filling material
shall be 66% clay materials or higher. The filling materials shall
have no particles greater than 216 cubic inches in dimension. Sod,
roots, stumps, trees, brush, or asphalt materials shall not be used
so as to not disturb the environmental balance of the present and
surrounding soils. Documentation of sources and custody of filling
materials shall be provided and approved by a Code Enforcement Officer.
(6)
If the filling material is found to be contaminated or unsuitable
as fill in any way, such filling material shall be removed from the
site and replaced at the demolition contractor's expense.
(7)
Upon completion of the demolition work the work area shall be graded
and leveled, taking care to properly fill all depressions and voids.
The final grade shall be of 12 inches of 100% soil content free of
all aggregate materials as well as lacking sod, roots, stumps, trees,
brush, stone and asphaltic material. Bituminous is not allowed to
be used as filling materials. The final grade is to also provide for
proper drainage and to be done as to not collect any standing water
or cause neighboring or adjacent properties to become a receptacle
for the aforementioned drainage.
(8)
Barricades, "orange" construction fences and all other protection
shall be continued, properly supported and maintained by this contractor
for the full period of the contract and shall be removed by the contractor
upon completion of the work.
F.
Inspection.
[Added 7-22-2019]
(1)
The contractor is to notify a Code Enforcement Officer 24 hours prior
to the start of demolition to provide for proper inspections.
(2)
The contractor shall be required to obtain an inspection from a Code
Enforcement Officer after all excavation work is completed and prior
to the placement of any filling materials. No backfilling of any excavation
shall be performed prior to obtaining written approval from a Code
Enforcement Officer.
G.
Material and debris resulting from demolition for which a permit
has been granted shall be removed from the premises as follows:
[Added 7-22-2019]
(1)
All construction and demolition debris shall be disposed of in conformance
and compliance with all state, federal and local legislation governing
the disposal of this debris. The staging and/or storage of any construction
and/or demolition debris from any demolition and/or cleanup jobs that
does not have its origin at the respective job site is prohibited.
(2)
Wrecking operations shall be kept within the property lines.
(3)
Chutes for the removal of materials and debris shall be provided
in all such parts of demolition operations as are deemed necessary
by the Code Enforcement Officer or his designee.
H.
Watering-down of airborne particles.
[Added 7-22-2019]
A.
After the approval of the application and before the issuance of any permit, the demolition contractor shall file with the Director one of the following performance guaranties in a total amount equal to the estimated cost of the demolition activities. The minimum amount of the performance guaranty filed by the demolition contractor shall be $1,000, even if that amount is greater than the estimated cost of the demolition activities. The estimated cost of demolition activities shall include the costs of hazardous substances removal and disposal and the costs of meeting the minimum site restoration and design standards specified in § 84-12. The performance guaranties shall be in favor of the City and shall be unconditional and irrevocable until a certification of completion shall have been issued by the Director. The performance guaranty shall be:
B.
Prior to the issuance of any permit, the owner shall submit a fully executed agreement, in a form provided by the City, which shall permit the City to enter the subject property and to perform any work required under the performance guaranty, subject to the requirements of § 84-9C. The agreement shall be irrevocable until a letter of completion is issued by the Director.
C.
Should the owner fail to have the required actions or improvements
performed within the agreed period of time, the Director shall issue
a written notice of such failure to the owner. It shall be sufficient
service of such notice if it is mailed to the owner at the address
provided in the application. If the owner fails to perform the required
actions or improvements within 15 days of the issuance of such notice,
the Director is authorized to draw upon the bond, letter of credit
or other approved security as may be necessary to cover the costs
to the City to perform work which the owner failed to have performed.
The owner may request a hearing before the Director within five business
days from the issuance of the notice. The hearing will be held before
the expiration of the fifteen-day notice period.
D.
If the owner is unable to have the work completed within the specified
time, he or she may, at least 10 days prior to the expiration of the
permit, present in writing to the Director a request for an extension
of time setting forth the reasons for the requested extension. The
Director is authorized to grant additional time for the completion
of the work. In the event that the performance guaranty will expire
during the requested extension period, the contractor shall secure
and furnish evidence of an extension of said performance guaranty.
E.
The Director may grant a waiver of such guaranty if he or she deems
the proposed activities to be of minor scope and to be consistent
with the provisions of this chapter or such a guaranty has already
been made to the City for a more comprehensive project which is inclusive
of the requirement determined necessary pursuant to this chapter.
A.
The Director shall have the power to vary or modify, in whole or
in part, any provision or requirement of this chapter in cases where
strict compliance with such provision or requirement would entail
practical difficulties or unnecessary hardship or would otherwise
be unwarranted; provided, however, that any such variance or modification
will not have a substantially adverse effect on provisions for health
and safety and that equally safe and proper alternatives are prescribed.
B.
When approving an application to vary or modify a provision or requirement
of this chapter, the Director shall apply the following criteria and
shall find that strict compliance with the provision or requirement:
(1)
Would create an undue economic burden.
(2)
Would not achieve its intended objective.
(3)
Would be physically impossible.
(4)
Would be unnecessary in light of alternatives which ensure the achievement
of the intended objective or which, without affecting health or safety,
achieve the intended objective more efficiently, effectively or economically.
(5)
Would entail a change so slight as to produce a negligible additional
benefit consonant with the purposes of this chapter.
C.
The Director will conduct a hearing and render a written decision within 21 days of receipt of a complete written application to vary or modify a provision or requirement of this chapter. The Director's decision shall include findings setting forth, in writing, the basis for that determination and conclusions, citing the manner in which the application meets or fails to meet the criteria of Subsection B of this section. Failure of the Director to act on the application within such time period shall be deemed a denial of the application. Notice of the decision shall be mailed to the applicant within seven days following the decision or denial resulting from a failure to act. The Director's decision, or denial resulting from a failure to act, shall be a final determination for purposes of judicial review pursuant to Civil Practice Law and Rules § 7803, Subdivision 4.
In order to protect the public and adjacent public and private
properties, all demolition activities shall be undertaken in accordance
with standards prescribed by the Director.
A.
All site restoration shall be subject to the requirements set forth in Chapter 75 of the City Code and Zoning Code.
B.
If the project area includes any areaway or vault under a public
sidewalk or street and reuse of the areaway or vault is not part of
the approved development plan, such areaway or vault shall be backfilled
and abandoned in accordance with standards prescribed by the City
Engineer.
C.
All areas of excavation shall be filled and all affected surface
areas shall be graded, in accordance with standards prescribed by
the Director.
D.
All grading plans and specifications, including extensions of previously
approved plans, shall include provisions for erosion and sediment
control designed and implemented in accordance with standards prescribed
by the Director.
E.
Unless the time schedule for the proposed project includes construction
activity on the site of any proposed demolition to begin within six
months of such demolition and such construction is in fact undertaken
and diligently pursued within this time period, the site shall be
landscaped as follows:
F.
Any wall or other structural feature exposed to the elements as a
result of the demolition shall be stable and shall withstand such
exposure to the elements.
G.
All walls or other parts of any structure exposed to the elements
as a result of the demolition, and which are owned by the owner of
the property on which the demolition took place, shall be resurfaced
and/or painted.
A.
The requirements of this chapter shall be enforced by the Director.
The Director or his or her designee may cause the subject structure
or property to be inspected as often as necessary to determine whether
the demolition and subsequent development work is proceeding or has
been completed in compliance with the approved application.
B.
The Director or a duly authorized agent may enter at all reasonable
times in or upon any private or public property for the purpose of
inspecting and investigating conditions and practices which may be
a violation of this chapter and shall seek warrants where such are
constitutionally required.
Upon satisfactory execution of all approved work pursuant to
this chapter, the Director shall issue a certification of completion.
If the Director finds any existing conditions not as stated in any
application or approved plan, the Director may refuse to approve further
work until such conditions are made to conform with approved plans.
B.
If there is any damage as a result of a violation of this chapter or if any soil, liquid, debris or any other substance is caused to be deposited upon or to roll, flow, wash or in any manner to be released upon any public or private property or right-of-way in violation of this chapter, the owner shall be notified in writing at the address provided in the application and shall cause the same to be removed from such property or way within 36 hours of the issuance of the notice. In the event of an immediate danger to the public health or safety, notice shall be given where practicable by the most expeditious means and the violation shall be remedied immediately. In the event that the violation is not so remedied, the City shall cause such violation to be remedied. The cost of such work shall be a personal liability of the owner, and the Director shall bill the owner therefor. Such costs shall also be a lien upon the property from the first day the costs are billed to the owner. Such costs shall be assessed and billed to the owner as set forth in Chapter 201 of the City Code for the levy and collection of a special ad valorem levy.
A.
Demolition hearing proceedings.
(1)
Inspection. Upon the receipt of information that a structure may be unsafe or dangerous to the health, safety or welfare of the public, or that the building or structure is a public nuisance, the Director shall cause an inspection to be made and require that such building or structure be demolished and removed in accordance with the Unsafe Buildings Law of the City of Lackawanna, Chapter 83.
If any section, subsection, paragraph, sentence, clause or other
part of this chapter is for any reason invalid, the validity of the
remaining portion of this chapter shall not be affected.
