[HISTORY: Adopted by the Common Council of the City of Oneonta 7-18-2023 by Ord. No. 5-2023. Amendments noted where applicable.]
These regulations shall control all matters concerning the demolition
of all buildings, structures, and parts thereof. Additionally, they
aim to ensure public safety, health, and welfare insofar as they are
affected by building demolition, and in general, to secure safety
to life and property from all hazards incident to the removal or demolition
of buildings, structures, or premises.
As used in this chapter, the following terms shall have the
meanings indicated:
DEMOLITION
The intentional act of substantially pulling down, destroying,
defacing, removing, or razing a building or structure, or commencing
the work of total, substantial, or partial destruction with the intent
of completing the same.
A permit application and construction documents shall be submitted
for each structure to be demolished. It shall be unlawful to engage
in any demolition without first applying for and being issued a demolition
permit from the City of Oneonta Code Enforcement Office. In addition
to complete demolition of a building or structure, the following actions
shall require a demolition permit:
A. Removal of a roof for the purpose of raising the overall height of
a roof; rebuilding the roof to a different pitch; or adding another
story to a building.
B. Removal of one or more exterior wall(s) or partition(s) of a building.
C. Gutting of a building's interior to the point where exterior
features (windows, etc.) are impacted or where changes are made to
the structure's floorplan.
D. Removal of more than 25% of a structure's overall gross square
footage as determined by records on file with the City of Oneonta
Code Office.
E. The lifting and relocating of a building on its existing site or
to another site.
F. Altering a building's key-character defining features, making
it ineligible to be listed on the National Register of Historic Places.
G. Removal of porches, vestibules, porticos, or other exterior ancillary
architectural elements or structures.
A permit shall not be required for the demolition of a structure
that is 144 square feet or less. This exception shall not include
structures or buildings listed on the National Register of Historic
Places or structures or buildings located within a designated national
or local historic district.
Any application for a demolition permit within a local historic district shall comply with the requirements found in Chapter
160, Historic Preservation, of the City of Oneonta Municipal Code.
Any structure that exceeds 200 square feet shall require a site
plan review by the City of Oneonta Planning Commission before a demolition
permit may be issued by the Code Enforcement Office. This shall not
include the demolition of structures that have been declared unsafe
and ordered demolished by the Board of Public Service.
The Planning Commission shall provide a written determination
before the approval of a site plan review associated with any demolition.
In their review, the Planning Commission shall consider the following
criteria:
A. Will the demolition negatively impact housing availability within
the City of Oneonta?
B. Will the demolition negatively impact the character of the neighborhood
or result in the loss of a structure or part thereof that is of particular
architectural significance?
C. Does the applicant have an approved restoration plan in place?
D. Does the demolition meet the planning goals outlined in the City
of Oneonta Comprehensive Plan and the City of Oneonta Municipal Code?
The application for a demolition permit shall be accompanied
by a site plan showing to scale the size and location of all existing
structures and construction that is to remain on the site. The site
plan shall show distances from lot lines, the established street grades,
the proposed finished grades, and the final landscape plan following
any demolition.
An application for the demolition of porches, vestibules, porticos,
or other exterior ancillary architectural elements, or the alteration
of a building's key-character defining features that would make
it ineligible to be listed on the National Register of Historic Places,
shall require a restoration plan before a demolition permit is approved.
The restoration plan shall include a detailed proposal for the repair,
restoration, or in-kind replacement of any of the above-referenced
elements or structures. Any restoration plan shall mirror the existing
architectural elements in size, scale, massing, architectural style,
detail, location, and, when feasible, material. Without an approved
restoration plan, a demolition permit shall not be issued by the Code
Enforcement Office. In addition to any other applicable penalties,
if demolition is performed without a permit, a restoration plan shall
be submitted which shall include the correction of any damaged architectural
elements, structures, or features as described in this section.
The New York State Department of Labor Code Rule 56 requires
a predemolition survey of buildings to identify any asbestos that
may be present. It shall be the duty of the owner of the building
or structure to ensure compliance with all regulations relating to
the disposal and handling of asbestos material.
The performance or engagement in construction or repair work
after 9:00 p.m. or before 7:00 a.m., excepting emergency work and,
including, but not limited to, building, excavation, site preparation,
hoisting, grading, demolishing, dredging or pneumatic hammering, where
the standards for determination so dictate or in such a manner that
a reasonable person of normal sensitiveness in the area is caused
discomfort or annoyance. Whenever a structure is demolished or removed,
the premises shall be maintained free from all unsafe or hazardous
conditions by the proper regulation of the lot, restoration of established
grades, and the erection of the necessary retaining walls and fences
in accordance with the provisions of all applicable state and local
laws or ordinances.
Every excavation or area of construction on a site located five
feet or less from the street or lot line shall be enclosed with a
barrier to prevent the entry of unauthorized persons. Where located
more than five feet from the street or lot line, a barrier shall be
erected where required by the Code Official or the Board of Public
Service.
All waste materials shall be removed in a manner that prevents
injury or damage to persons, adjoining properties, and public rights-of-way.
All buildings under demolition shall be provided with a portable
fire extinguisher in accordance with the NYS Uniform Fire Prevention
and Building Code and the City of Oneonta Municipal Code.
Wherever the ground is excavated under the sidewalk or encroaches
onto a public right-of-way, the Director of Public Works or their
designee shall also be required to approve, deny, or approve with
modifications a demolition permit.
Construction materials, debris, waste, and equipment shall not
be stored on the street without approval by the Director of Public
Works or their designee. Where so stored, such materials or equipment
shall not unduly interfere with vehicular traffic or the orderly travel
of pedestrians on the street or sidewalk. Construction materials,
debris, waste, and equipment shall be arranged to maintain a safe
walkway not less than four feet wide, unobstructed for its full length,
and open for public use at all necessary times.
Material shall not be dropped by gravity or thrown outside the
exterior walls of a building during demolition. Wood or metal chutes
shall be provided for the removal of such materials. Where the removal
of any material will cause an excessive amount of dust, such material
shall be wet down to prevent the creation of a nuisance.