[HISTORY: Adopted by the Board of Trustees of the Village of Walden 2-25-1986 by L.L. No. 1-1986 (Ch. 64 of the 1982 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- APPLICATION FOR DEMOLITION
- The application for a permit to demolish a building or structure.
- BASE AREA
- The product of the length of the building or structure as measured from its exterior walls times the width of the building or structure as measured from its exterior walls.
- That space of a building which is partly below grade, which has more than half of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building.
- A structure, wholly or partially enclosed, within exterior walls or within exterior and party walls and a roof, affording shelter to persons, animals or property.
- BUILDING INSPECTOR
- The Building Inspector of the Village of Walden.
- That space of a building which is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building.
- That person(s), firm or corporation employed by the owner of the property, empowered by written consent of the owner or employed by the Village to perform the specific duty of demolition as may be specified in the authorizing permits.
- DEMOLITION PERMIT
- The permit required for demolition of an existing building or structure.
- An application fee shall accompany all applications. This
fee shall be determined by the Board of Trustees.[Amended 5-9-1989 by L.L. No. 2-1989]
- GROSS FLOOR AREA
- The entire floor area within the surrounding walls of the building or portion thereof.
- HISTORICAL SIGNIFICANCE
- For the purposes of this chapter, any building or structure
that is at least 100 years old as of the date of application for a
demolition permit.[Added 7-24-2007 by L.L. No. 5-2007]
- The actual confines of the demolition. The location as described in the application for permit and as approved by the Building Inspector therein shall be the only area approved for the demolition.
- OWNER or PROPERTY OWNER
- The person who has legal title to land, together with ownership of building or structure located thereon, whose name appears on the most recent tax assessment rolls of the Village of Walden.
- PAYMENT TO THE VILLAGE CLERK
- Payment to the Village Clerk of all applicable fees as set forth in Chapter A310 of this Code.
- PUBLIC WAY
- A street, alley, sidewalk or other thoroughfare or easement permanently established for passage of persons or vehicles. The term "public way" shall be construed, when used herein, as though followed by the words "or part thereof."
- Component parts of a building or structure being demolished, removed or to be removed from said building or structure for reuse or resale.
- SALVAGE CONTRACTOR
- A person, firm or corporation, identified in the application for demolition, authorized by the owner, or if ordered by the Village, the contractor that the Village has contracted with to do the work, in writing, to remove items of salvage from premises, which may or may not be the same person, firm or corporation designated by the owner as the demolition contractor.
- STOP-WORK ORDER
- An order issued by the Building Inspector to the owner, lessee, the owner's agent or the agent of the lessee to immediately stop the work if it is not performed in a safe and sanitary manner.
- An assembly of materials forming a construction framed of component structural parts for occupancy or use, including buildings.
No person shall demolish any building or structure having a gross floor area or use area of 900 square feet or more within the Village of Walden or which adjoins or is within five feet of any other building or structure without first obtaining a demolition permit, signed by the Building Inspector, allowing such demolition. Such permit shall be applied for and issued to the owner of the property or his representative pursuant to the following procedures:
Written application for a demolition permit shall be on forms provided by the Village of Walden Building Inspector's office.
Said application shall require the name, address and telephone number of the owner; the names, addresses and telephone numbers of all contractors (general, special or salvage) authorized by the owner or his representative, or employed by the Village, to perform work; insurance coverage information, including the name of each insurance company, policy number and date of expiration of policy; a written description of the building or structure to be removed; starting and completion dates; written list of materials to be salvaged; provision for disposal of refuse; and a statement as to security and/or barricades to safeguard premises from unauthorized entry during demolition work as well as the protection of the general public.
Certificate of insurance.
As part of this application for a demolition permit, a certificate of insurance for liability shall be delivered to the Building Inspector of the Village of Walden as agent for the Village of Walden. The minimum limits of said liability for the demolition of buildings and structures, whether in a homeowner's insurance policy or a separate liability policy, shall be subject to the recommendations from the Village's insurance company at the time the application is applied for.
All insurance certificates shall include the Village of Walden as an additional insured. It shall also name the Village officers, employees, agents, etc., as additional insureds.
Insurance certificates or agreements in a form approved by the Village Attorney, holding the Village of Walden, its officers and employees and agents from liability resulting from work allowed by a demolition permit, shall be delivered to the Building Inspector as agent for the Village of Walden prior to the commencement of demolition.
Terms and conditions of permit. Any person making application for a demolition permit shall obtain approval for the demolition from the Orange County Department of Health if such approval is determined as necessary by the Village of Walden Building Inspector.
Prior to demolition, the contractor will erect a system of barricades around the construction site and have the electric, gas and telephone services disconnected by the respective utility companies. Demolition shall conform to the Industrial Code, Rule No. 23, New York State Department of Labor, Protection of Persons Employed in Construction and Demolition Work, a copy of which may be obtained from the Village Clerk. The Superintendent of Public Works of the Village of Walden, or his designated representative, shall disconnect and cap the water service to the building or structure being demolished and plug the sewer laterals to such building structure. The owner shall pay to the Village Clerk the actual cost of the disconnection work.
The contractor shall obtain appropriate approval for the water use on the site from the Superintendent of Public Works for dust control and have sufficient lengths of one-and-one-half-inch and/or two-and-one-half-inch hose for this purpose. The contractor shall provide a flagman for traffic control when necessary, and should a street have to be closed, he shall obtain permission from the Superintendent of Public Works, the Chief of Police and the Fire Chief of the Village of Walden.
In the case of the demolition of an existing building which has a common or party wall with one or more adjoining buildings, the owner of the building to be demolished shall be responsible for and bear all costs in relation to the safeguard of said adjacent wall.
Where beams, girders and joists are removed from party walls, the resulting pockets in said walls shall be cleaned out and filled with solid masonry. Necessary repairs shall be made to put the party wall in a safe condition. This work shall be done by the contractor at the expense of the property owner having said demolition performed.
Where such demolition work is to be made and no immediate new construction is intended at the site, the adjacent wall, whether of the party type or otherwise, shall be left in an acceptable condition as far as appearance is concerned. Such maintenance shall consist of painting, installation or repair of walls, copings and flashings, waterproofing of joints, waterproof coatings, installation or repair of termite shields, poison treatment of soil or other suitable means. In addition to the repair of all joists, pockets and similar openings, the owner of the demolished building will be required to remove all old plaster, wallpaper and other decorative material in addition to any loose wood, trim or other unrequited material, subject to the approval of the Village of Walden Building Inspector.
During the demolition work, debris must be systematically removed from the site and not be allowed to pile up or cause any obstruction which would prevent movement within the property or the blocking of means of egress and ingress from the property.
When a building to be demolished contains a cellar or basement, the contractor shall remove all debris and organic material from the cellar or basement and then break up and/or perforate the cellar floor. The bearing or foundation wall shall be removed up to a depth of at least 24 inches below the present grade or at least 24 inches below any future grade to be established. The material resulting from the cellar or foundation wall demolition may remain in the excavation, provided that the material is crushed and compacted and covered at least 24 inches with clean fill.
Demolition of any building or structure shall be carried on during daylight hours on normal Village workdays. Demolition of a building or structure may proceed on days other than normal Village workdays, provided that notice of the work is given in advance to the Building Inspector and said Building Inspector permits the work to proceed at the requested times. The Village shall be entitled to charge an additional fee to cover expenses incurred by the Village as a result of permitting demolition to occur during non-Village workdays. At no time shall demolition of a building or structure be carried on after dark. An adjustment will be made in the fee schedule by resolution of the Board of Trustees to include non-Village workdays when demolition is to take place in regular course of time or in a declared emergency.
Salvage materials that are a structural part of the building or structure shall not be removed except as part of the actual demolition of said building or structure.
In-ground storage tanks on the demolition site shall be removed from the demolition area.
No explosives may be used in connection with demolition of buildings or structures in the Village of Walden unless a special permit is first obtained from the Village Clerk and approved by the Village Fire Chief.
All demolition work shall comply with the New York State regulations pertaining to demolition operations at or near underground facilities as set forth in 12 NYCRR 53.
No demolition permit for a building or structure determined by the Building Inspector to be historically significant shall be issued within 15 days of the filing of an application for such a permit. The purpose of this minor time delay is to allow, with the consent of the property owner, the chance for a Village representative to survey and photograph the building or structure or any of its features for cataloging the same for historic preservation purposes.
[Added 7-24-2007 by L.L. No. 5-2007]
Enforcement. The Building Inspector is empowered to issue a stop-work order if, in the judgment of the Building Inspector, the work is not being performed in a safe and sanitary manner or is not otherwise in conformance with the requirements of this chapter.
A demolition permit shall be valid for a period of 30 days.
One additional 10 days' extension may be granted by the Building Inspector in the event that unusual circumstances prevent completion of work.
All cellars and basements of demolished buildings or structures shall be filled in and made safe by filling and tamping such basement or cellar with noncombustible materials and causing the surface of the location to be on a level with the surrounding premises. No materials will be permitted as fill which may corrode, rot, decay or collapse. All barricades, guardrails and temporary structures erected during demolition shall be removed prior to completion and approved by the Building Inspector. A sizable cash bond, the value of which will be determined by the Village of Walden to ensure that the site restoration is completed as per the municipal and state building codes or failure to do so or complete same, shall leave the Village of Walden funds through forfeiture of the bond to complete the work.
In the event that the owner refuses or neglects to fill in and make safe such cellar or basement or refuses or neglects to dismantle and remove any barricades, guardrails or temporary structures erected during demolition, the Village of Walden may do the necessary work involved, either with Village employees or outside contractors, and the cost of making the location safe shall be assessed against such property. The owner shall have 10 days to pay the assessed costs. If the owner does not pay these costs within the ten-day period, such costs shall constitute a lien against the land on which said building is located and shall be levied and collected in the same manner as provided in Article 5 of the Village Law for the levy and collection of real property taxes.
Immediately after said demolition, the Building Inspector shall notify the Village Clerk and the property owner, in writing, that demolition for which a permit was issued has been completed and accepted.
Any person committing an offense against any provision of this chapter shall be guilty of a violation, punishable as follows: by imprisonment for a term not exceeding 15 days or by a fine not exceeding $250, or by both a fine and imprisonment. 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 thereunder.