[HISTORY: Adopted by the Board of Trustees
of the Village of Bronxville 3-11-1996 by Section 1 of L.L. No. 2-1996.
Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Building Code Enforcement Law of the Village of Bronxville,
New York."
The purpose of this chapter is to provide for
enforcement procedures in the Village of Bronxville of the New York
State Uniform Fire Prevention and Building Code which was made effective
in the Village of Bronxville on the first day of January 1984.
A.
All words, terms and phrases used in this chapter
which are defined in the New York State Uniform Fire Prevention and
Building Code shall have the meaning ascribed to them in such Code.
B.
DEMOLITION
STRUCTURE
As used in this chapter, the following terms shall
have the meanings indicated:
For purposes of this chapter, the term "demolition" shall
be deemed to include demolition and/or removal of all or part of a
building or structure.
[Added 2-14-2019 by L.L.
No. 1-2019]
Includes a change in use of a portion thereof from the use
in effect on February 19, 1987.
No officer or employee of the Village of Bronxville,
acting for the village in the discharge of his or her duties under
this chapter, shall thereby render himself or herself liable personally,
and all such officers and employees are relieved from all personal
liability for any damage that may accrue to persons or property as
a result of any act or failure to act as required or permitted in
the discharge of his or her duties hereunder.
There is hereby designated in the Village of
Bronxville a public official to be known as the "Superintendent of
Buildings," who shall be appointed by the Mayor with the approval
of the Board of Trustees at a compensation to be fixed by it. The
Superintendent of Buildings shall act as Building Inspector for the
Village of Bronxville.
A.
In the absence of the Superintendent of Buildings
or in the case of his or her inability to act for any reason, the
Mayor shall have the power, with the consent of the Board of Trustees,
to designate a person to act on behalf of the Superintendent of Buildings
and to exercise all the powers and perform all the duties conferred
upon the Superintendent of Buildings by this chapter.
B.
In the absence of such designation, the Village Clerk
shall act on behalf of the Superintendent of Buildings and shall exercise
all the powers and perform all the duties conferred upon the Superintendent
of Buildings by this chapter.
The Superintendent of Buildings shall not engage in any activity inconsistent with his or her duties or with the interests of the Village of Bronxville or with Chapter 21, Code of Ethics, nor shall he or she be engaged directly or indirectly in any building business, in the furnishing of labor, materials, supplies or appliances for, or the supervision of, the construction, alteration, moving, demolition, repair or maintenance of a building or other structure or the preparation of plans or specifications therefor within the Village of Bronxville, excepting that this section shall not prohibit the Superintendent of Buildings from engaging in any such activities in connection with the construction of a building or other structure owned by him or her for his or her own personal use and occupancy or for the use and occupancy of members of his or her immediate family, and not constructed for sale.
A.
Enforcement duties. Except as otherwise specifically
provided by law, rule or regulations, or as otherwise provided in
this chapter, the Superintendent of Buildings shall administer and
enforce all laws, rules and regulations applicable to plans, specifications
and permits for the construction, alteration, moving or demolition
of buildings or other structures, and the installation and use of
materials and equipment therein, and the location, use and occupancy
thereof.
B.
Rules and regulations. He or she may promulgate rules
and regulations subject to the approval of the Board of Trustees to
secure the intent and purposes of this chapter and the proper enforcement
of laws, rules and regulations applicable to the construction, alteration,
moving or demolition of buildings or other structures.
C.
Applications and permits. He or she shall receive
applications, approve plans and specifications and issue permits for
the construction, alteration, moving or demolition of buildings and
other structures and shall examine the premises for which such applications
have been received plans approved, or such permits have been issued
for the purpose of insuring compliance with all laws, rules and regulations
applicable to the construction, alteration, moving or demolition of
buildings or other structures.
D.
Notices and orders. He or she shall issue in writing
all appropriate notices or orders to remove illegal or unsafe conditions,
to require the necessary safeguards during construction, alteration,
moving or demolition of buildings and other structures and to ensure
compliance during the entire course of such construction, alteration,
moving or demolition with the requirements of such laws, rules and
regulations. Such a notice or order may be served upon the owner or
his or her agent personally, or by sending a copy thereof by certified
mail, return receipt requested, to the owner or his or her agent at
his or her address set forth in the application for permission for
the construction, alteration, moving or demolition of such building
or other structure or, if no such application has been filed, at the
address of the owner or agent as listed on the Village tax roll; and
by posting the same upon a conspicuous portion of the premises to
which the notice or order applies.
E.
Inspections. He or she shall make such inspections
as are necessary or appropriate to determine compliance with the provisions
of all laws, rules or regulations applicable to the construction,
alteration, moving or demolition of buildings or other structures.
In addition to such inspections or in lieu thereof he or she may,
in his or her discretion, accept and rely upon written reports of
tests in the field by experienced professional persons or by accredited
testing laboratories or service and inspection bureaus or agencies.
F.
Certificate of occupancy. He or she shall issue a
certificate of occupancy where appropriate for a building or other
structure constructed, altered or moved, or the occupancy of which
has been changed, in accordance with the requirements of this chapter.
G.
Investigations and reports. He or she shall, when
requested by the Board of Trustees or when, in his or her opinion,
the interests of the Village of Bronxville so require, make investigation
in connection with matters referred to in this chapter or in the New
York State Uniform Fire Prevention and Building Code and render written
or oral reports thereon to the Board of Trustees.
A.
Building permit required. No person, firm or corporation
shall commence the construction, alteration, moving, demolition or
change in the nature of the occupancy of any building or other structure,
or cause the same to be done, without first obtaining a separate building
permit from the Superintendent of Buildings for each such building
or structure.
B.
Information required. Application for a building permit
shall be made to the Superintendent of Buildings on forms provided
by him or her and shall contain the following:
(1)
The full name and address of the owner and of the
applicant, and the names and addresses of their responsible officers
if any of them are corporations, and the name and address of the owner's
authorized agent, if any.
(2)
A description of the land on which the proposed work
is to be done, including the block and lot numbers as they appear
on the Official Village Tax Map of all lots included therein.
(3)
A description of the nature of the proposed work.
(4)
The valuation of the proposed work.
(5)
A statement of the existing and proposed use or occupancy
of all parts of such land and of all proposed buildings and other
structures thereon, including a statement of the number of dwelling
units each such building is designed to accommodate.
(6)
A statement that the applicant consents to permit the Superintendent of Buildings and any person authorized by him or her to enter upon the premises without a search warrant in the manner prescribed in Subdivision A of § 112-17 hereof.
(7)
The name, address, telephone number and a copy of a current Westchester County Home Improvement Business License of the contractor retained to perform the work described in Subsection B(3) above.
(8)
A statement that such application is made to construct,
alter, move, demolish or change the nature of the occupancy of a building
or other structure in accordance with the provisions of the New York
State Uniform Fire Prevention and Building Code.
(9)
Such other information as may reasonably be required
by the Superintendent of Buildings to establish compliance of the
proposed work with the requirements of all zoning laws and all other
laws, rules and regulations applicable to the construction, alteration,
moving or demolition of buildings or other structures.
C.
Execution of application. The application shall be made and signed and sworn to by the owner or his or her duty authorized agent. Where an application is made by a person other than the owner, it shall be accompanied by an affidavit of the owner that the proposed work is authorized by the owner and that the applicant is authorized to make such application; and the application shall contain a statement that the owner authorizes the applicant to consent to permit the Superintendent of Buildings or any person authorized by him or her to enter upon the premises without a search warrant in the manner prescribed in Subdivision A of § 112-17 hereof.
D.
Plans and specifications.
(1)
Each application for a building permit shall be accompanied
by duplicate copies of plans and specifications, including a plot
plan, drawn to scale, showing:
(a)
The actual shape, dimensions, orientation, angles
and area of each lot on which each proposed and existing building
or other structure on the building site is, or is proposed to be,
located.
(b)
The location, height, number of stories and
ground coverage of all proposed and existing buildings or other structures
on the building site, including specification of all yard dimensions.
(c)
The distance between each proposed and existing
building or other structure on the building site and each lot line
and between each such building or structure and any existing building
or structure on adjoining property.
(d)
The nature and character of the proposed work
and of the materials to be incorporated therein and details of all
proposed structural, mechanical and electrical work, including computations,
stress diagrams and other essential technical data.
(e)
The widths and grades of all adjoining streets,
walks and alleys and of all proposed and existing streets, walks and
alleys on the building site.
(f)
Such topographic or other information as may
be required by the Superintendent of Buildings to establish compliance
of the proposed work with the requirements of all zoning laws and
all other laws, rules and regulations applicable to the construction,
alteration, moving or demolition of buildings or other structures.
(2)
All such plans and specifications shall bear the signature
of the person responsible for the design and drawings and, where required
by §§ 7209 or 7307 of the Education Law of the State
of New York, the seal and the original or authorized facsimile signature
of a licensed architect or a licensed professional engineer. All plans
accompanying an application for a building permit shall be accompanied
by an affidavit of the architect, engineer or other person who signed
them stating that he or she has supervised the preparation of the
plans as filed and the notes thereon and that, to the best of his
or her knowledge, information and belief, the building or structure,
if built in accordance with the plans, will conform to the New York
State Uniform Fire Prevention and Building Code and will not conflict
with any other applicable laws, except as specifically noted.
E.
Where, in the opinion of the Superintendent of Buildings, compliance with any of the requirements of this section is not necessary to his or her decision under § 112-10 hereof on any particular application for a building permit, he or she may waive such requirements by a waiver in writing.
F.
Summary project statement.
[Added 1-11-2021 by L.L.
No. 4-2021]
(1)
At the same time that an applicant submits an application for a building
permit or otherwise submits proposed plans for construction or demolition
(but excluding permits or plans that relate solely to interior renovations
and that do not involve any change to the use of the property, the
exterior dimensions of a building or any accessory structure, or to
any driveway or parking area), the applicant shall prepare a summary
project statement, which:
(a)
Identifies the property at issue by street address;
(b)
Identifies, by name, address, telephone number and email, the
applicant or a representative of the applicant;
(c)
Briefly summarizes the nature (e.g., proposed home addition,
proposed demolition, proposed driveway alteration, etc.) and rationale
of the submission; and
(d)
States that the publicly filed copies of plans and relevant
supporting materials are available for inspection by prior appointment
at the Building Department.
(2)
The Superintendent of Buildings shall send copies of such summary
project statements to the Chair and Vice Chair of the Planning Board
and the Zoning Board of Appeals (ZBA).
(3)
The applicant shall be required to provide a copy of the summary
project statement to any property owner within 100 feet of the subject
property by certified mail or registered mail within 10 days of submitting
said building permit application or proposed plans for construction
or demolition. Should the Chair or Vice Chair of the Planning Board,
or the Chair or Vice Chair of the ZBA, deem an area beyond 100 feet
of the subject property to be affected by the application, he or she
may require that the applicant send a copy of the summary project
statement to the property owners within not more than 200 feet of
said property by certified mail or registered mail. The Chair of either
the Planning Board or the ZBA may also authorize the required notice
to neighboring property owners to be provided by the applicant via
less-expensive means (such as regular mail, electronic mail, and/or
hand delivery), as long as the applicant files a signed certificate
with the Building Department attesting to such notice having been
duly issued, in a form approved by the Building Department.
(4)
An applicant's failure to comply with the provisions of this
section shall constitute grounds for denying any requested permit
or variance, or for delaying the commencement of any time period otherwise
established under this chapter for any Village official or board to
take any action or undertake any review.
A.
The Superintendent of Buildings shall examine or cause
to be examined all applications for building permits and all plans,
specifications and other documents filed therewith. He or she shall
approve or disapprove the application within 60 days from the date
of submission of the application or within such longer period as may
be required or permitted by law.
B.
Upon approval of the application and upon receipt
of the fees therefor, the Superintendent of Buildings shall issue
a building permit to the applicant upon the form prescribed by him
or her and shall affix his or her signature or cause his or her signature
to be affixed thereto.
C.
Upon approval of the application, all sets of plans
and specifications submitted therewith shall be endorsed with the
word "approved." One set of such approved plans and specifications
shall be retained in the files of the Superintendent of Buildings
and another set shall be returned to the applicant and maintained
by the applicant at the building site open to inspection by the Superintendent
of Buildings or his or her authorized representative during reasonable
working hours.
D.
If the application together with plans, specifications
and other documents filed therewith describe proposed work which does
not conform to all of the requirements of this chapter, all zoning
laws and all other laws, rules or regulations applicable to the construction,
alteration, moving or demolition of buildings or other structures,
the Superintendent of Buildings shall disapprove the same and shall
return the plans and specifications to the applicant. Upon the request
of the applicant, the Superintendent of Buildings shall cause such
refusal, together with the reasons therefor, to be transmitted to
the applicant in writing.
The Superintendent of Buildings may approve and issue a permit for the construction, alteration, moving, demolition or change in the nature of occupancy of part of a building or other structure, subject to compliance by the applicant with the requirements of § 112-9 hereof with respect to his or her application relating to such part, if he or she finds that an application for a building permit for the entire building or structure at that time would not be practicable or would impose substantial hardship on the applicant. The Superintendent of Buildings may require an applicant for a building permit for part of a building or other structure to make such submissions in addition to those required by § 112-9 hereof as he or she considers necessary to determine whether such impracticability or hardship exists.
[Amended 2-14-2019 by L.L. No. 1-2019]
A.
Prior to the issuance of a demolition or building permit, an applicant
may not make any change in the application or in plans or specifications
submitted with it, unless the Superintendent of Buildings shall consent
to such change in writing.
B.
No deviation from approved plans or specifications for the construction,
alteration, moving, demolition or change in the nature of occupancy
of any building or other structure, for which a demolition or building
permit has been issued, shall be made until the permit holder has
obtained written permission from the Superintendent of Buildings,
who may give such permission by signing his or her name in approval
of such changes as may be submitted to him or her in writing on the
required form and filed with such fee as may be required, provided
that he or she finds them to be in conformance with this chapter and
all other laws, rules and regulations applicable to the construction,
alteration, moving or demolition of buildings or other structures.
Should the changes be so extensive as, in the opinion of the Superintendent
of Buildings, to require a new set of plans and specifications, an
entirely new application for a demolition or building permit must
be presented to him or her in regular form for his or her approval.
A.
Term of permit; extensions. A building permit shall
be effective to authorize the commencement of work for a period of
six months after the date of its issuance. For good cause the Superintendent
of Buildings may allow a maximum of two extensions of periods not
exceeding three months each. All work carried out pursuant to a building
permit shall conform to the approved application, plans and specifications
and shall be in accordance with this chapter and all other laws, rules
and regulations applicable to the construction, alteration, moving
or demolition of buildings or other structures.
B.
Display of permit. Building permits shall be prominently
displayed on the job site at all times during the progress of the
work so as be readily visible from adjacent thoroughfares.
A.
Commencement of work. Unless extended by the Superintendent
of Buildings in writing, a building permit shall expire one year after
its date of issuance in the event that a substantial amount of construction
has not then commenced, and every building permit issued by the Superintendent
of Buildings shall contain this limitation.
B.
Completion of work. Unless extended by the Superintendent
of Buildings in writing, a building permit shall also expire two years
after its date of issuance, unless the proposed work has been completed
and a certificate of occupancy has been issued, and every building
permit issued by the Superintendent of Buildings shall contain this
limitation.
The Superintendent of Buildings may revoke a
building permit theretofore issued in the following instances:
A.
Where he or she finds that there has been any false
statement or misrepresentation as to a material fact in the application,
plans or specifications on which the building permit was based;
B.
Where he or she finds that the building permit was
issued in error and should not have been issued in accordance with
applicable law;
C.
Where he or she finds that the work performed under
the building permit is not being carried out in accordance with the
provisions of the application, plans or specifications; or
D.
Where the person to whom a building permit has been
issued fails or refuses to comply with a stop order issued by the
Superintendent of Buildings.
[Amended 2-14-2019 by L.L. No. 1-2019]
When the Superintendent of Buildings has reasonable grounds
to believe that work on any building or other structure is being carried
out in violation of the provisions of the New York State Uniform Fire
Prevention and Building Code, this chapter, or any other law, rule
or regulation applicable to the construction, alteration, moving or
demolition of buildings or other structures or in an unsafe or dangerous
manner, or is not in conformity with the application, plans or specifications
on the basis of which a demolition or building permit was issued,
he or she shall notify the owner of the property, or the owner's agent,
to suspend all work, and any such person shall forthwith stop such
work and suspend all building activities until the stop order has
been rescinded. Such stop order shall be in writing, shall state the
conditions under which the work may be resumed and may be served upon
the owner or his or her agent personally, or by sending a copy thereof
by certified mail, return receipt requested, to the owner or his or
her agent at his or her address set forth in the application for a
permit to construct, alter, move or demolish such building or other
structure or, if no such application has been filed, at the address
of the owner or agent as listed on the Village tax roll; and by posting
the same upon a conspicuous portion of the premises to which the stop
order applies.
A.
The Superintendent of Buildings or his or her authorized
representative shall be authorized, in the performance of his or her
duties, to conduct inspections of premises, or parts of premises,
at such times and in such manner as the Superintendent of Buildings
or his or her authorized representative may find convenient or necessary
during regular working hours, with the consent of the person in possession
or occupancy.
B.
If admission is refused or cannot be obtained from
the person, in possession or occupancy, the Superintendent of Buildings
or his or her authorized representative shall be authorized to obtain
a warrant to make an inspection, provided that reasonable or probable
cause is shown.
C.
In case of an emergency, the Superintendent of Buildings
or his or her authorized representative may, without a warrant, enter
any premises, or parts of premises, to inspect the same, at any time,
without the permission of the person in possession or occupancy.
A.
Required. No building or other structure hereafter
constructed or moved shall be occupied in whole or in part until a
certificate of occupancy shall have been issued by the Superintendent
of Buildings.
B.
Temporary use. No building or other structure hereafter
altered, or upon which any other work has been performed which required
the issuance of a building permit, shall be occupied or used for more
than 30 days after the completion of the work unless a certificate
of occupancy shall have been issued by the Superintendent of Buildings.
C.
Change of use. No change shall be made in the nature
of the occupancy of an existing building or other structure unless
a certificate of occupancy authorizing such change shall have been
issued by the Superintendent of Buildings.
D.
Application. The owner or his or her agent shall make
application for a certificate of occupancy. Accompanying this application
and before the issuance of a certificate of occupancy, there shall
be filed with the Superintendent of Buildings such fee as may be required
and an affidavit of the licensed architect or licensed professional
engineer who signed the original plans, or of the licensed architect
or licensed professional engineer who administered the construction
of the work, except that in the event that no licensed architect or
licensed professional engineer was required to sign the original plans,
such affidavit may be made by the superintendent of construction who
supervised the work and who, by reason of his or her experience, is
qualified to superintend the work for which the certificate of occupancy
is sought. Such affidavit shall state that the applicant has examined
the approved plans of the building or other structure for which a
certificate of occupancy is sought, and that to the best of his or
her knowledge, information and belief, based on periodic observations
at the site, the building or other structure has been erected in accordance
with such approved plans and, as erected, complies with the New York
State Uniform Fire Prevention and Building Code (if applicable), subject
to any variance or modification thereof theretofore granted pursuant
to § 385 of the Executive Law of the State of New York,
and with all other applicable laws governing building construction.
There shall also be filed with such application such electrical, plumbing,
heating or sanitation certificates, or other evidence of approval,
by experienced professional persons or by accredited testing laboratories
or service and inspection bureaus or agencies as the Superintendent
of Buildings shall require.
Before issuing a certificate of occupancy, the
Superintendent of Buildings shall examine or cause to be examined
all buildings, structures and premises for which an application for
such certificate has been filed, and he or she may conduct such inspections
as he or she deems appropriate from time to time during and upon completion
of the work for which a building permit has been issued.
A.
When, after final inspection, the Superintendent of
Buildings finds that the proposed work has been completed in accordance
with all zoning laws and all other laws, rules and regulations applicable
to the construction, alteration, moving, demolition or occupancy of
buildings or other structures, and also in accordance with the application,
plans and specifications filed in connection with the application
for the building permit, he or she shall issue a certificate of occupancy
upon the form provided by him or her. If he or she finds that the
proposed work has not been properly completed, the Superintendent
of Buildings shall not issue a certificate of occupancy and may order
the work to be completed in conformity with the building permit therefor
and in conformity with all such applicable laws, rules and regulations.
B.
A certificate of occupancy shall be issued, where
appropriate, within 30 days after written application therefor is
made or within such longer period as the applicant shall agree to.
C.
The certificate of occupancy shall certify that the
work has been completed, and that the proposed occupancy is in conformity
with all zoning laws and all other laws, rules and regulations applicable
to the construction, alteration, moving, demolition or occupancy of
buildings or other structures, and shall specify the use or uses and
the extent thereof to which the building or structure or its several
parts may be put.
Upon written request, the Superintendent of
Buildings may issue a temporary certificate of occupancy for a building
or other structure, or part thereof, before the entire work covered
by a building permit shall have been completed, provided that such
portion or portions as have been completed may be occupied safely
without endangering life or the public health or welfare. A temporary
certificate of occupancy shall remain effective for a period not exceeding
three months from its date of issuance. For good cause the Superintendent
of Buildings may allow a maximum of two extensions for periods not
exceeding three months each.
A.
Upon the filing of an application, the fees shall
be paid as established by resolution of the Board of Trustees.
B.
All Building Department fees and related construction
development fees, including the fee for certificates of occupancy,
will automatically be doubled when work is commenced on or after September
15, 2001, without first securing all required permits and approvals.
[Added 9-10-2001]
C.
An administrative fee of $250 shall be required in
addition to all Building Department fees and related construction
development fees when work was completed prior to September 15, 2001,
without first securing all required permits and approvals.
[Added 9-10-2001]
A.
The Superintendent of Buildings shall keep permanent
official records of all transactions and activities conducted by him
or her including all applications received, plans approved, permits
and certificates issued, fees charged and collected, inspection reports,
all fee schedules established by him or her, all rules and regulations
promulgated by him or her and all records open to public inspection
during normal business hours.
B.
The Superintendent of Buildings shall annually submit
to the Board of Trustees a written report and summary of all business
conducted by him or her, including approvals, permits and certificates
issued, fees collected, orders and notices promulgated, inspections
and tests made and appeals or litigation pending or concluded.
A.
It shall be unlawful for any person, firm or corporation to construct,
alter, repair, move, remove, demolish, equip, use, occupy or maintain
any building or structure or portion thereof in violation of any provision
of this chapter or to fail in any manner to comply with a notice,
directive or order of the Superintendent of Buildings or other authority,
or to construct, alter or use and occupy any building or structure
or part thereof in a manner not permitted by an approved demolition
permit, building permit, or certificate of occupancy.
[Amended 2-14-2019 by L.L. No. 1-2019]
B.
Any person who shall fail to comply with a written
order of the Superintendent of Buildings or other authority, within
the time fixed for compliance therewith, and any owner, builder, architect,
tenant, contractor, subcontractor, construction superintendent or
their agents or any other person taking part or assisting in the construction,
demolition, or use of any building who shall knowingly violate any
of the applicable provisions of this chapter, or any lawful order,
notice, directive, permit or certificate of the Superintendent of
Buildings or other authority made thereunder, shall, upon conviction
thereof, be subject to a fine of not more than $5,000.
[Amended 6-12-2000 by L.L. No. 2-2000; 2-14-2019 by L.L. No.
1-2019]
C.
Except as provided otherwise by law, such a violation
shall not be a crime and the penalty or punishment imposed therefor
shall not be deemed for any purpose a penal or criminal penalty or
punishment and shall not impose any disability upon or affect or impair
the credibility as a witness, or otherwise, of any person convicted
thereof.
D.
This section shall not apply to violations of the
provisions of the New York State Uniform Fire Prevention and Building
Code punishable under § 385 of the Executive Law; nor to
violations of the provisions of the Multiple Residence Law punishable
under § of the Multiple Residence Law.
E.
For the purposes of this section, each twenty-four-hour
period or portion thereof in which a violation of any provisions of
this chapter or any regulation made under the authority conferred
by this chapter, or in violation of the provisions of any building
permit or certificate of occupancy, continues shall constitute a separate
and distinct offense.
[Amended 2-14-2019 by L.L. No. 1-2019]
In addition to the penalties for set forth above, appropriate
actions and proceedings may be taken at law or in equity to prevent
unlawful demolition or construction or to restrain, correct or abate
a violation or to prevent illegal occupancy of a building, structure
or premises or to prevent illegal acts, conduct of business in or
about any premises; and these remedies shall be in addition to the
penalties prescribed in the preceding section.
[Amended 2-14-2019 by L.L. No. 1-2019]
A.
Permit required.
(1)
The demolition or removal of more than 25% of a principal building
or structure within any twelve-month period shall not be carried out
until a demolition permit is obtained.
(2)
Unless waived by the Superintendent of Buildings, a demolition permit
shall be required for the demolition or removal of an accessory building
or structure.
(3)
Provided, however, if the Superintendent of Buildings so elects,
demolition or removal may be approved as part of a building permit
for any building or structure that is proposed to be built as a replacement
for, or in or about the location of, the demolished building or structure.
(4)
If demolition is to be conducted in pursuance of, or in any way related
to, contemplated prospective additional construction (including reconstruction)
on the same property where demolition is proposed, a demolition permit
shall not be issued until the permit for the additional construction
is issued, and demolition shall be covered under the building permit
for such work. Provided, however, this provision may be waived by
the Superintendent of Buildings where special circumstances (e.g.,
hazardous condition) exist.
(5)
If a demolition permit is issued without issuance of a building permit
for additional construction, except in the case of special circumstances
referenced above, no building permit for construction (including reconstruction)
on the same property where the demolition occurred shall be issued
for a period of one year from the completion of the demolition. The
property owner can seek relief from this one-year waiting period from
the Village Planning Board. The Planning Board may grant such relief
upon a demonstration by the applicant that the construction (including
reconstruction) for which the permit is sought was not contemplated
at the time the demolition permit was issued.
B.
Unless waived by the Superintendent of Buildings, the following information
in form and substance satisfactory to the Superintendent of Buildings
shall be submitted as part of a demolition permit application: ·
(1)
The time frames during which demolition and site restoration may
occur and will be completed;
(2)
A plan to manage parking and traffic at and adjacent to the subject
property throughout the demolition process;
(3)
Documentation from utility companies evidencing that all utility
hookups have been or will be properly terminated;
(4)
An asbestos clearance report, where applicable;
(5)
An oil tank removal permit, where applicable;
(6)
A plan for filling all exposed below-grade areas with soil and, if relevant, that the lot be graded to match adjacent grades, all in compliance with Chapter 257, Stormwater Management and Erosion and Sediment Control;
(7)
A plan to protect trees and other vegetation during demolition operations;
and
(8)
A post-demolition landscaping plan in accordance with the Superintendent
of Buildings's requirements, which shall include maintenance of such
landscaping and a prohibition against bare areas of soil.
C.
Notice.
(1)
In the Residence AAA, AA, and A Districts (except in the case of
emergencies/hazardous circumstances), at least 10 days prior to issuance
of a demolition permit, notice, containing a description of the action
proposed in the demolition permit application, shall be mailed by
the applicant using the U.S. Post Office Certificate of Mailing process
to the record owners of neighboring properties within 100 feet of
the subject property.
(2)
No demolition permit will be issued for the demolition or removal
of a principal building or structure in the Residence AAA, AA, or
A Districts until proof of the above-required notice having been mailed
is provided to the Superintendent of Buildings.
(3)
For the purpose of this section, the term "record owner(s)" shall
mean the person(s) shown on the real property tax records of the Village
of Bronxville on the date the notice is mailed as being the owner(s)
of the property.
(4)
In the event there is substantial compliance with this section, the
failure of any property owner to receive the required notice shall
not invalidate any action taken by the Superintendent of Buildings
in connection with the application to which the required notice refers.
