No building or structure shall hereafter be demolished,
structurally altered or expanded on any lot, plot or premises until
a report has been submitted by a state-accredited asbestos monitoring
firm or the Town to the Commissioner of Planning and Development certifying
that such building or structure has been monitored for asbestos and
that either the building or structure is free of asbestos or the building
or structure to be altered necessitates asbestos abatement and that
the same is to be disposed of in an environmentally safe and legally
prescribed fashion or that any asbestos does not pose any health risks
to occupants of the building or the public at large.
Upon a review of the report of the asbestos monitoring,
a determination shall be made by the Commissioner of Planning and
Development as to whether a building permit will require asbestos
abatement. Where an asbestos condition is found requiring its abatement,
the building permit to be issued will be conditioned upon such abatement.
During and subsequent to the abatement of any asbestos, the site shall
be monitored by the Town or any certified monitoring firm according
to regulations promulgated by the Department of Planning and Development
of the Town of Babylon. All asbestos abatements shall be performed
by such persons possessing a valid asbestos handling license issued
by the New York State Department of Labor. All asbestos abatement
projects shall be performed in accordance with all federal, state
and local laws and regulations. Copies of waste manifests must be
submitted to the Town of Babylon Commissioner of Planning and Development
as evidence of safe and proper disposal of asbestos. No certificate
of occupancy shall be issued until a certification is received from
an asbestos monitoring firm that the building or structure is in compliance
with the federal, state and local laws regarding asbestos. This section
shall not apply to one- or two-family residential dwellings.
A fee shall be charged for every permit issued
under this article. The amount of such fee shall be determined from
time to time by the Town Board.