[HISTORY: Adopted by the Board of Trustees of the Village
of Suffern 4-6-2022 by L.L. No. 2-2022. 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 Village of Suffern; to protect structures of special value to
the community; and to enhance the visual environment of the Village
by regulating total and partial demolition of structures in the Village
of Suffern.
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.
(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 Village policies regarding land use, visual character,
health and safety.
This chapter shall be known as the "Demolition Local Law of
the Village of Suffern."
All demolition activities requiring a building permit pursuant to § 266-47 or any other provision the Village 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, or regulation, this chapter shall control.
Where greater restrictions are imposed by any law 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 Building Inspector of the Village of Suffern or his or
her duly authorized representative.
The razing, disassembly or removal of:
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 law, code, or regulation enforced
by the Village of Suffern.
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 266 of the Village 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 Building Inspector, 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 266 of the Village Code.
B.
A demolition permit application may be filed by a property owner(s) or his or her agent(s) or a demolition contractor(s) employed by the Village of Suffern in accordance with an order for demolition pursuant to Chapter 100.
D.
In addition to any other fee or penalty, the Building Inspector shall
have the authority to charge a fee equal to the actual costs to the
Village of any special activity, including but not limited to inspection,
investigation and/or monitoring, whether by Village 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 Village
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 Building Inspector. The applicant shall be liable
for the full fee, representing the actual cost to the Village 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 and may be added to the subject
property tax bill if unpaid.
F.
The Building Inspector shall have the authority to grant or deny
all permits pursuant to this chapter. In granting a permit for demolition,
the Building Inspector 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 Building Inspector
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 96, 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 Building Inspector,
that a comprehensive liability policy exists which covers the demolition
work. The applicant shall provide a certificate of insurance for such
limits that are reasonably required by the Village from time to time
but not less than a combined single limit of $3,000,000 per occurrence
and at least $5,000,000 in the aggregate. Such policy shall name the
Village as additional named insured and shall provide that the same
may not be canceled or terminated without at least 30 days' written
notice to the Village.
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 Building Inspector, 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 Building Inspector 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 Building Inspector a demolition permit application.
The Building Inspector 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 Building Inspector 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 Building Inspector, 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 name, address and interest of all mortgagees or lien holders.
The applicant shall provide a letter from any such mortgagee or lien
holder that they consent to the demolition.
(5)
The zoning classification and present use of the subject property.
(6)
A description of the proposed demolition activity and of subsequent
development plans for the property.
(7)
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:
(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 Commissioner as potentially
eligible for listing on the National and State Registers of Historic
Places.
(8)
Identification of all hazardous substances to which people or properties
may be exposed before, during or after the proposed demolition activity.
(9)
A hazardous substances abatement and disposal plan, if applicable,
including copies of any required state or federal certifications.
(10)
An asbestos survey performed pursuant to New York State Industrial
Code Rule 56 (12 NYCRR 56), if required by Code Rule 56.
(11)
A building materials disposal plan, including proof of authorization
to dispose of the full quantity of material.
(12)
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.
(13)
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.
(14)
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.
(15)
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.
(16)
Elevations of all structures proposed to be constructed on the
site.
(17)
A time schedule indicating when major phases of the proposed
project are to be initiated and completed.
(18)
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 Building Inspector for maintaining and protecting
pedestrian and vehicular traffic and that specifies the location of
equipment and schedule of activity.
The Building Inspector shall issue written findings setting
forth the manner in which any disapproved application fails to comply
with the standards listed below. The Building Inspector 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 Village 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 Village.
A.
After the approval of the application and before the issuance of any permit, the demolition contractor shall file with the Building Inspector 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 § 119-11. The performance guaranties shall be in favor of the Village and shall be unconditional and irrevocable until a certification of completion shall have been issued by the Building Inspector. The performance guaranty shall be:
(1)
A performance bond which shall be satisfactory to the Village Attorney
as to form, sufficiency, manner of execution, surety and period of
execution;
(2)
A letter of credit from a financial institution, the terms of which
are approved by the Director of Finance; or
(3)
Similar security acceptable to the Director of Finance.
B.
Prior to the issuance of any permit, the owner shall submit a fully executed agreement, in a form provided by the Village, which shall permit the Village to enter the subject property and to perform any work required under the performance guaranty, subject to the requirements of § 119-9C. The agreement shall be irrevocable until a letter of completion is issued by the Building Inspector.
C.
Should the owner fail to have the required actions or improvements
performed within the agreed period of time, the Building Inspector
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 Building Inspector may, but is not required
to, draw upon the bond, letter of credit or other approved security
as may be necessary to cover the costs to the Village to perform work
which the owner failed to have performed. The owner may request a
hearing before the Board of Trustees 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 Building Inspector a request for
an extension of time setting forth the reasons for the requested extension.
The Building Inspector 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 Building Inspector 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 Village for a more comprehensive project
which is inclusive of the requirement determined necessary pursuant
to this chapter.
A.
The Board of Trustees 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 Board of Trustees 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 Board of Trustees will conduct a hearing and render a written decision within 35 days of receipt of a complete written application to vary or modify a provision or requirement of this chapter. The decision of the Board of Trustees 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 Board of Trustees 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 decision of the Board of Trustees, 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.
A.
All areas of excavation shall be filled and all affected surface
areas shall be graded, in accordance with the requirements of the
Building Inspector.
B.
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 the requirements
of the Building Inspector.
C.
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:
D.
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.
E.
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 Building
Inspector and his designees, including the Code Enforcement Officer(s).
The Building Inspector 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 Building Inspector 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 Building Inspector shall issue a certification of
completion. If the Building Inspector finds any existing conditions
not as stated in any application or approved plan, the Building Inspector
may refuse to approve further work until such conditions are made
to conform with approved plans.
A.
The following fines and other penalties are hereby imposed, in addition
to the punishments imposed by other statute, law or regulation, on
every person violating any of the requirements or other provisions
of this chapter: a fine not exceeding $5,000 per day.
B.
A sentence to pay a fine which is imposed on a corporation for an
offense defined in this chapter shall be in conformity with § 80.10
of the Penal Law.
C.
The continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
D.
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 Village shall cause such violation
to be remedied. The cost of such work shall be a personal liability
of the owner, and the Village 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 and may be added to the subject property tax bill if
unpaid.
