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:
BUILDING INSPECTOR
The Building Inspector of the Village of Suffern or his or
her duly authorized representative.
DEMOLITION
The razing, disassembly or removal of:
B.
Any wall, roof, porch, beam or other constructed or essential
element of any structure, where such element cannot be easily reused
in its same configuration without reconstruction.
C.
The debris of any structure that has been demolished or has
collapsed.
EMERGENCY
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.
HAZARDOUS SUBSTANCE
A substance that:
A.
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.
B.
Poses a present or potential hazard to the environment when
improperly treated, stored, transported, disposed of or otherwise
managed.
C.
Because of its toxicity or concentration within biological chains,
presents a demonstrated threat to biological life cycles when discharged
into the environment.
D.
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.).
PERMIT
A building permit for demolition, pursuant to Chapter
266 of the Village Code.
STRUCTURE
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.
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.
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.