[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:
A.
Payment of all applicable fees;
B.
The address of the structure;
C.
The name(s), address(es) and telephone number(s) of the owner(s)
of the property and structure;
D.
The contractor's name, address and telephone number;
E.
A copy of the contract for demolition;
F.
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;
G.
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;
H.
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;
I.
A projected schedule that provides for carrying out all work within
the allowable time frame;
J.
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;
K.
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;
L.
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;
M.
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;
N.
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;
O.
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;
P.
Any other information required by Borough Council as relevant to
its decision.
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:
A.
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;
B.
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;
C.
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;
D.
Burning of any debris on the demolition site is prohibited;
E.
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;
F.
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;
G.
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
H.
The owner and/or individual, partnership, corporation or other entity
undertaking the demolition shall furnish, install and maintain ample
sanitary facilities for workers.
A.
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.
B.
Decision of Borough Council.
(1)
Borough Council shall, within five business days following the conclusion
of the meeting or meetings at which the application is reviewed, either:
(a)
Issue written approval directing the issuance of the demolition
permit for the proposed demolition activity;
(b)
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
(c)
Issue a written denial to the application with a decision setting
forth the reason for the denial of the demolition permit.
(2)
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.
C.
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.
