Town of Clarence, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clarence 10-28-1998. Amendments noted where applicable.]
Building construction and fire prevention — See Ch. 67.
Unsafe buildings — See Ch. 75.
Industrial hazardous waste — See Ch. 123.
Streets and sidewalks — See Ch. 189.
[Amended 9-8-2004 by L.L. No. 6-2004]
Conformity with provisions required; exemptions. On and after the effective date of this chapter, no person shall demolish any structure, or portion thereof, exceeding 500 square feet or remove any above- or below-ground storage tank, except in conformity with the provisions of this chapter and only after acquiring a permit as defined in this chapter. Agricultural buildings and buildings used solely as accessory buildings to residential structures will be exempt from the requirements of this chapter.
Building Inspector review. For all structures constructed in the year 1950 and thereafter, the Building Department shall receive demolition permit applications and issue demolition permits in conformance with the provisions of this chapter.
Town Board review. For all structures constructed prior to 1950, the Town Board shall receive demolition permit applications through submittal to the Planning and Zoning Department. Prior to the Town Board acting upon a demolition permit application, the Town Board shall complete a thorough environmental analysis, including coordinated review under the State Environmental Quality Review Act (SEQRA). At a minimum, coordinated review shall be undertaken to determine whether any historic significance exists for the structure proposed for demolition.
As used in this chapter, the following terms shall have the meanings indicated:
Nonresidential farm buildings historically used solely for farming-type operations.
The razing of all structures and related work, including disposal of any excess fill materials and rubbish, filling of cellars and all other depressions, rodent extermination and removal of all footings.
Any natural person, partnership, firm, association, corporation, joint venture or other business entity.
The demolition contractor shall cap all sanitary house laterals subject to approval of the Building Inspector, the Plumbing Inspector and the Erie County Sewer Authority. The contractor shall be responsible for obtaining and paying for all necessary permits.
The demolition contractor shall be responsible for removal of the following services:
Water services to the site or sites shall be disconnected by the authority having jurisdiction.
Natural gas services to the site or sites and gas meters on the site or sites must be disconnected and removed by the authority having jurisdiction.
Electrical services to the site or sites and electric meters on the site or sites must be disconnected and removed by the authority having jurisdiction.
Telephone services to the site or sites and overhead service wires between poles and the site or sites must be removed by the authority having jurisdiction.
Cable service to the site.
No demolition may take place until all of the above have been properly completed.
Structures may be demolished without first obtaining a permit in conjunction with exigent circumstances. The situation must be the result of a fire or other natural disaster. Demolition may commence after a visual inspection by the Building Inspector.
Cesspools, privies or other sanitary facilities not connected to the public sanitary sewer system shall be cleaned by removal of all organic waste and thoroughly fumigated with an ample application of hypochlorite and then filled with clean earth. Notwithstanding these requirements, the contractor shall also conform to all regulations of the Erie County Health Department regarding such work.
The contractor shall clean out each cellar of all trash and other material not suitable for backfilling and remove the same from the project site.
All concrete cellar floors shall be broken up with a heavy hammer or maul, which work shall be approved by the Town before any fill material shall be deposited.
All walls and foundations, including cellar floor slabs and footings, shall be broken up. All floor construction, paved interior walls, parking areas, alleys, area drains and catch basins, etc., within the property lines shall be broken up.
All basement partitions, furnaces, heating apparatus, piping, gasoline or oil tanks, miscellaneous fixtures and stairways shall be removed at the start of demolition or before any fill is deposited in cellars. Oil tanks are to be removed from the ground or under sidewalk area. All below-ground storage tanks are to be removed consistent with Department of Environmental Conservation regulations.
Public sidewalks and curbing adjacent to the site are not to be removed but left as they now exist. All footings shall be removed.
The contractor shall leave contiguous/adjacent buildings in a safe condition and shall not deface, mar, hurt or jeopardize any adjacent/contiguous buildings which are not to be demolished. Any damage done to such adjacent/contiguous or nearby buildings shall be repaired, and the repair shall be the responsibility of the contractor.
The first-floor flooring of each building shall remain intact until the walls are down, and no material shall be allowed to collect in the cellar during demolition.
No unstable or combustible material will be permitted in the fill, and any material encountered in the demolition which the contractor proposes to use as fill shall be stored on the ground until the walls are down. Fill will not be permitted in the cellars until the walls are down.
Inert material, such as brick, broken concrete, plaster and earth, will be acceptable as fill materials; debris, trash and all wood material will not be accepted.
All depressions, including abandoned cellar excavations, pits and other open areas below ground level where there are no structures to be demolished, shall be filled to grade as specified, providing for proper drainage. The entire ground surface of the demolition site shall be finished to a reasonable level with a minimum of three inches of topsoil, seeded and properly maintained.
The demolition of any structure shall be complete, and its cellar area, as well as all other subsurface areas, shall be completely cleared of any and all unstable or combustible material before any backfilling operations may be started.
Backfill shall be placed in lifts of no greater than 12 inches. Voids are to be prevented. Backfill material (concrete pieces) cannot be larger than two feet in any dimension. The contractor shall furnish, at his expense, all additional fill material required for filling subsurface areas to levels of adjacent existing grades. Said material required shall be of a quality acceptable to the Town, and a sufficient quantity shall be on hand to ensure uninterrupted progress in completing the backfilling. The site is to be graded to allow runoff towards existing drainage areas. No concave surface will be approved.
Curbs, sidewalks and street paving are not to be moved or damaged. Broken sidewalks or pavement removed during the excavation for the capping of sanitary laterals or other utilities shall be replaced or repaved after excavations have been backfilled, using a minimum of four inches of like material.
The contractor shall remove any refuse or other material of any kind from all properties on the site. Upon completion of the work, the site shall be free of debris. On-site burning of the structure or debris is prohibited unless a permit is issued by the Department of Environmental Conservation.
The contractor or owner may offer for sale materials salvaged from the demolition, but no material may be brought to the site for resale. All salvageable material must be removed within 30 days from onset of demolition.
After inspection of the site and approval by the Building Inspector, a certificate of completion will be issued by the Building Inspector. All demolition work and disposal of material must be completed within a thirty-day period.
If, in the course of demolition work, hazardous or toxic materials are encountered, work is to be halted forthwith and shall not be resumed until the appropriate town, state or federal agency gives permission to do so. It is the contractor's responsibility to notify the Town if such materials are encountered and to cease work until told to resume.
In addition to the provisions of this chapter, the contractor shall comply with all codes, rules and regulations adopted by or promulgated by Occupational Safety and Health Administration (OSHA), local, county, state and federal regulations.
All operations in connection with demolition and all other work shall be completed in a workmanlike manner acceptable to the Town of Clarence and other authorities having jurisdiction. The use of explosives for demolition purposes is prohibited unless specifically approved by the Building Department.
Hours of operation shall be from 7:00 a.m. to 6:00 p.m. six days a week; no Sunday hours.
The contractor shall be responsible for keeping the town, county and state roads adjacent to the site cleaned of all debris resulting from the demolition operation.
Each violation of a section or subsection of this chapter shall constitute a separate and distinct violation independent of any other section or subsection hereof. Each day's failure to comply with any section or subsection of this chapter shall constitute a separate violation.
A violation of any section or subsection of this chapter shall be punishable by a fine not to exceed $1,000 or by 30 days in jail, or both. Each day the violation exists shall constitute a separate violation.
Before any permit for demolition shall be issued, the contractor shall supply the Building Department with a current certificate of insurance listing the Town of Clarence as an additional insured. This certificate must contain a thirty-day cancellation clause.
Minimum requirements are as follows:
General Liability Minimum Limit
Comprehensive form
(Coverage for underground, explosion and collapse hazard must be included.)
$1,000,000 CSL for bodily injury, and property damage
Workers' compensation
Statutory limits