[HISTORY: Adopted by the Borough Council of the Borough of Muncy 6-18-2009 by Ord. No. 502. Amendments noted where applicable.]
The Borough of Muncy finds that demolition, unless properly and timely conducted, presents a hazard to public health and safety and may cause damage to Borough neighborhoods.
This chapter shall not supersede Chapter 286, Zoning, or any amendment thereto or subsequent ordinance, with respect to demolition of buildings on historic properties. All applications for permits to demolish buildings on historic properties shall be submitted and reviewed pursuant to Chapter 286, Zoning, or any amendment thereto or subsequent ordinance, with respect to demolition of buildings on historic properties.
No individual, partnership, corporation or other entity may demolish any structure or part thereof enclosing more than 200 square feet of floor area unless that individual, partnership, corporation or other entity has obtained a permit from the Borough Council as further provided in this chapter. For purposes of this chapter, "structure" means an enclosed building or facility that is affixed to real estate, and includes the demolition of portions of a structure. The demolition permit is valid for 30 days from the date of issuance, or such other reasonable time as determined by Borough Council, except that the Borough Council may grant one additional extension. All applications for time extensions shall be submitted to the Borough Council no later than 24 hours prior to the expiration of the initial permit. The requirements for a demolition permit as set forth in this chapter are in addition to any other federal, state, county or Borough statutes, regulations and permits that may apply.
Any person wishing to demolish a structure that requires a permit must provide the following information to the Borough Council:
Payment of all applicable fees;
The address of the structure;
The name(s), address(es) and telephone number(s) of the owner(s) of the property and structure;
The contractor's name, address and telephone number;
A copy of the contract for demolition;
Statement of current use of the lot or part thereof occupied by the structure proposed for demolition, description of most recent use, and, if vacant, number of years vacant;
Statement of the reason for demolition, including an explanation as to why rehabilitation, reuse, plan alteration, or stabilization with the intent to market or sell the property is not feasible or not desirable;
A bond or certificate of insurance evidencing that the individual, partnership, corporation, or other entity undertaking the demolition work has insurance coverage, the minimum of which provides for $1,000,000 coverage for each person, $3,000,000 for each occasion and $1,000,000 property damage;
A projected schedule that provides for carrying out all work within the allowable time frame;
Site plans demonstrating features to be removed and/or retained, including existing and proposed landscaping, utilities, and site restorations. The site plan must also show fencing and other safety measures to be utilized and work staging areas. If new structures are proposed, the plans must show their location along with all related site improvements, utilities, and the schedule for such construction. Site plans do not have to be prepared by an engineer;
A certification of utility disconnects for gas, water and electric lines. In addition, all sanitary and storm sewers shall be disconnected and sealed in an appropriate manner subject to inspection by a representative of the Borough of Muncy as designated by the Borough Council;
A written statement in which the owner of the structure and the individual, partnership, corporation or other entity undertaking the demolition work shall agree in writing to indemnify and hold harmless the Borough of Muncy against any and all claims for personal injury or property damage arising out of or as a result of the demolition work to be undertaken;
A solid waste permit issued by the Pennsylvania Department of Environmental Protection, or a letter of approval from the Pennsylvania Department of Environmental Protection for use of a proposed or existing disposal facility which has a permit or is under review for a permit;
Irrevocable written permission for a Building Inspector, designated by the Borough Council, to enter the property such to the permit prior to and during the time the permit is under application and effect;
Where the demolition work requires the temporary removal of any wires or other impediments in order to facilitate the demolition work, the individual, partnership, corporation or other entity undertaking the demolition work shall give the owners of said wires or other impediments which are to be temporarily removed, or anyone naturally affected by the removal of said wires or impediments, notification of the temporary removal, so that said owners have an opportunity to be heard by the Borough Council on the subject of the temporary removal;
Any other information required by Borough Council as relevant to its decision.
The charge for the demolition permit issued by the Borough Council for the demolition of the structure shall be the same permit fee schedule as building permits which shall be paid at the time of application for the permit, as set forth in § 111-2.
The Borough Council shall designate its Zoning Officer, Enforcement Officer, or other individual, from time to time, to perform the following inspections and advise the Borough Council in issuing permits. Said designation by the Borough Council shall be by resolution. The designated representative of the Borough shall inspect the demolition site prior to demolition, after the completion of demolition and prior to backfilling and following backfilling and site restoration. Said designated representative shall confirm to the Borough Council that the demolition work was performed to his/her satisfaction and in accordance with all applicable regulations.
The following conditions and restrictions apply to all demolition projects:
All work must be conducted in a manner that protects life and property, including neighboring parcels and public property. The contractor shall provide and maintain barricades, lights, fencing, flagmen, watchmen and such other facilities or personnel as may be reasonably necessary and/or reasonably prescribed by the Borough representative;
Existing trees, shrubs and grass areas that do not have to be disturbed shall be preserved, including replacement if damaged in conjunction with demolition work;
All debris shall be removed from the demolition site, with the exception of brick, stone, concrete or slate, which may be used to fill in the cellar excavation to within two feet of the surrounding terrain. The top two feet of any filled-in excavation shall be earthen fill. No piece larger than six inches through its smallest diameter not more than 12 inches long will be permitted in the backfill in the subsurface spaces;
Burning of any debris on the demolition site is prohibited;
The owner is responsible for the successful germination of seed and ongoing condition of the site until vegetation is reestablished, including dust control and erosion;
If dust from demolition or loading of debris is excessive, watering of the building and rubble shall be performed as work progresses. The determination of whether the dust from demolition or loading is excessive shall be made by the Borough Council upon advice of the designated representative;
The owner and/or individual, partnership, corporation or other entity undertaking the demolition shall be responsible for cleaning and repairing streets, curbs, driveways, sidewalks and alleys that were damaged or soiled, or upon which materials were deposited as a result of the demolition activity. Such cleaning and repair shall be to the satisfaction of the Borough Council upon advice of the designated representative; and
The owner and/or individual, partnership, corporation or other entity undertaking the demolition shall furnish, install and maintain ample sanitary facilities for workers.
Meeting. The completed application for a demolition shall be sent to Borough Council for consideration at its next regularly scheduled meeting, and the Borough Secretary-Treasurer shall provide to the applicant notice of the time and place of the Borough Council meeting at which said application will be considered and shall advise the applicant to attend such meeting in order to explain the application.
Decision of Borough Council.
Borough Council shall, within five business days following the conclusion of the meeting or meetings at which the application is reviewed, either:
Issue written approval directing the issuance of the demolition permit for the proposed demolition activity;
Issue written approval, with conditions, directing the issuance of the demolition permit subject to specific conditions or changes not included in the application as submitted, but which would protect any distinctive architectural or archaeological character of the building, structure or area which is subject to change as a result of the proposed demolition activity; or
Issue a written denial to the application with a decision setting forth the reason for the denial of the demolition permit.
Failure of Borough Council to so act within said period shall be deemed to constitute a decision against the applicant. In the event that the approval is granted subject to conditions, the applicant may, within five business days after receiving a written copy of the decision, give notice of his, her, its refusal to accept all of the conditions, in which case, Borough Council shall be deemed to have denied the application. In the event that the applicant does not, within said period, notify Borough Council of his, her, or its refusal to accept all of the said conditions, the approval, with all conditions, shall stand as granted.
Appeals. Upon receipt of the written denial by Borough Council, the applicant may appeal the decision as permitted by law and the ordinances of the Borough of Muncy.
Each day of violation of any provision of this chapter shall be considered a separate violated subject to this penalty provision. Each violation of any provision of this chapter shall subject to a penalty of $300 per violation, per day, the total of which shall not exceed the appraised value of the property as determined by the latest tax assessment by Lycoming County.