[HISTORY: Adopted by the Mayor and Council of the Borough
of Fanwood 12-13-1989 by Ord. No. 89-17R. Amendments noted where
applicable.]
The demolition of any structure or building within the Borough
shall require a permit pursuant to the State Uniform Construction
Code (UCC).
A.
A person seeking a permit to demolish a building or structure within
the Borough shall apply for such permit at the office of the Construction
Code Official, and said application shall be on forms provided by
the Construction Code Official. Such application shall require the
following information:
(1)
The name and address of the owner of the building or structure.
(2)
The name and address of the contractor who will demolish the building
or structure.
(3)
A statement as to the liability insurance coverage of said contractor
for said work, which shall be in a minimum amount of $300,000 which
shall set forth the amount of coverage, the insurance company and
the insurance agent.
(4)
The written consent of the owner of the property and any mortgagees
who may hold a mortgage on the property to demolish the building or
structure.
(5)
Proof that the taxes on the property are current.
B.
The Construction Code Official shall determine compliance with requirements
of this chapter for obtaining a demolition permit. If he or she is
satisfied that the applicant has complied with all requirements of
this chapter, the Construction Code Official shall so certify such
compliance and transmit a copy to the Borough Clerk, along with the
application form and all attachments thereto relating to insurance,
inspections and certifications of utility companies. A copy of the
certificate of the Construction Code Official shall also be sent to
the Chairmen of the Planning Board, Board of Adjustment and Historic
Preservation Commission.
A.
The following requirements must be satisfied before a permit shall
be issued.
(1)
A complete application filed with the Construction Code Official.
(2)
All fees required by this chapter paid.
(3)
The consent of owner and mortgagees obtained.
(4)
Notice to adjoining owners verified.
(5)
Receipt of a certificate of insurance showing liability coverage
for the contractor and/or owner in the minimum amount of $300,000.
(6)
Statements and releases from the utilities supplying telephone, cable
television, electricity, water, gas, sewer and others that these respective
utilities have their respective service connections and appurtenant
equipment disconnected, removed, sealed and/or plugged from the structure
or building at the street line in a safe manner.
(7)
Inspection by the Fire Prevention Officer of the Borough to determine
that all flammable, explosive, toxic or otherwise hazardous materials
have been removed from the building or structure and certification
by him or her that the building or structure is free of such flammable,
explosive, toxic or otherwise hazardous materials and safe to demolish.
By requesting a permit, the applicant authorizes inspection of the
interior and exterior of the premises.
(8)
Proof satisfactory to the Construction Code Official that provisions
have been made to remove all debris and fill any excavation below
grade level which remains as a result of the demolition with clean
fill and that the premises shall be maintained free from all unsafe
or hazardous conditions by proper regulation of the property, restoration
of established grades and erection of necessary retaining walls and
fences.
(9)
Proof that taxes on the property are current.
(10)
Proof of compliance with all other applicable provisions of
the Borough Code and/or state law.
B.
A copy of any such permit issued shall be sent to the Chairmen of
the Planning Board, Board of Adjustment and Historic Preservation
Commission.
Within five working days after demolition is complete, all debris
shall be removed from the site and excavation resulting shall be filled
with clean fill unless an extension of such time is obtained from
the Construction Official for good cause. The site shall be kept free
from all unsafe or hazardous conditions by its proper regulation,
restoration of established grades and erection of necessary retaining
walls and fences.
In the case of emergencies where there is a present danger to
persons or property because of the condition of a structure or building
as a result of fire, explosion or other causes, the Construction Code
Official, local official or the Borough Engineer shall have the power
to issue a demolition permit at his or her own discretion so long
as he or she is satisfied that a bona fide emergency exists and that
the structure to be demolished has been disconnected from all utility
services as required by this chapter and that no hazards exist within
the building or structure which would render it dangerous to demolish.
The Borough shall be exempt from the requirements of obtaining a permit
under this chapter for the demolition of any building or structure
by the Borough, but the Borough shall comply with all safety requirements
of this chapter.
[Amended 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No. 06-11R]
Any person demolishing any building or structure or who causes
or suffers the demolition of any building or structure within the
Borough of Fanwood without first having obtained a permit therefor
or, having demolished a building or structure, fails to remove the
debris or fill any excavations as provided herein shall be deemed
in violation of this chapter. In the event of such violation, the
Construction Code Official shall cause of a summons and complaint
to be issued returnable in the Municipal Court charging violation
of this chapter. The penalty for violation shall be a fine of not
more than $2,000, not more than 90 days in jail, or both, or up to
90 days of community service. Each day that such offense continues
shall be considered a separate offense.
