Village of Whitefish Bay, WI Article XIV Demolition of Buildings

[Adopted by Ord. No. 1697 (Sec. 15.17 of the Codification)]

§ 15-73 Findings.

The Village of Whitefish Bay finds that demolition, unless properly and timely conducted, presents a hazard to public safety and can have a blighting effect on Village neighborhoods.

§ 15-74 Permit required for demolition.

Except as provided in § 18-13 of the Code of the Village of Whitefish Bay, no person may demolish any structure enclosing more than 200 square feet of floor area or footprint or may demolish any structure that is more than 20 feet high unless a demolition permit to do so has first been obtained from the Building Inspector as provided in this article. Such demolition permit is valid for 30 days from issuance, except that the Building Inspector may grant one thirty-day extension for cause. The requirements for the demolition permit stated in this article are in addition to any other federal, state, regional authority, or Village regulations and permits that may apply. For structures between 200 square feet and 576 square feet of floor area or footprint, the Building Inspector may accept certification by the owner or contractor regarding compliance with the requirements in § 15-75B, C and D.

§ 15-75 Required steps for demolition of structures.

Any person wishing to demolish a structure must comply with the following required steps:

A. Application to Building Inspector for a demolition permit. Any person applying to the Building Inspector for a demolition permit must include in such application the following:

(1) Payment for all applicable fees;

(2) The address of the structure;

(3) The owner's name, address, and phone number;

(4) The contractor's name, address, and phone number;

(5) A copy of contract for demolition and contractor or owner proof of insurance in such form and coverage limits as approved by the Village Manager in his or her sole discretion;

(6) A projected schedule that provides for carrying out all work as expeditiously as possible;

(7) Site plans showing features to be removed or retained, including existing and proposed landscaping, utilities, and site restoration. 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;

(8) An erosion control plan that meets the requirements of Chapter 13, Plumbing and Drainage Code, Article IX, Stormwater Management Regulations, of the Code of the Village of Whitefish Bay.

(9) A plan for controlling dust and debris not covered by the erosion control under Chapter 13, Plumbing and Drainage Code, Article IX, Stormwater Management Regulations, of the Code, to include arrangements for spraying water during demolition for this purpose, as needed;

(10) A certificate of appropriateness if a designated historic structure is involved pursuant to Chapter 16, Zoning, Article XIII, Historic Preservation, of the Code of the Village of Whitefish Bay; and

(11) Irrevocable permission for the Building Inspector to enter onto the property subject to the permit during the time the permit is under application or in effect.

(12) For projects over 576 square feet, copies of letters sent by regular United States mail delivery by the applicant to neighbors within the design area as defined in Chapter 16, Zoning, Article XVI, Single-Family and Two-Family Residential Design Guidelines, providing notice that application for a demolition permit is being filed, and providing a description of the resulting use of the property and anticipated work schedule. A copy of such letter shall also be provided to the Village Board and the web master for posting on the Village website.

B. Inspection by Building Inspector prior to demolition. In performing any inspection in connection with the demolition of a structure, the Building Inspector shall confirm that the following work is done, that the work is done by permit (if required), and that it is done to the satisfaction of the Village Engineer:

(1) Water service shall be disconnected at the main, unless the service will be reused and is in good condition, and Village personnel shall perform a final meter reading and remove the water meter;

(2) Sewer laterals shall be capped at the main, unless the lateral will be reused and is in good condition;

(3) Sites shall be marked by Digger's Hotline and the work plan shall give due consideration to conditions determined by Digger's Hotline;

(4) Private utilities shall be disconnected, including, but not limited to, electric, gas, telephone, CATV, and telephone;

(5) Procedures and requirements of the Wisconsin Administrative Code regarding asbestos shall be followed and a copy of the survey report and DNR approval provided;

(6) Properties shall be checked for, and materials shall be removed as required by the DNR's Pre-Demolition Environmental Checklist, as amended from time to time;

(7) An erosion control plan shall be in place that includes provisions for addressing airborne dust and debris. Such plan shall be approved by the Village Engineer and complied with;

(8) Fencing and other site safety measures as prescribed by the Building Inspector pursuant to this article shall be in place; and

(9) Use of the public water system in connection with demolition and construction activities shall be arranged with the Village at least five working days prior to the activity. Arrangements for any fees associated with the use of Village water shall be made prior to such use.

(10) For projects over 576 square feet, neighbors within the design area as defined in Chapter 16, Zoning, Article XVI, Single-Family and Two-Family Residential Design Guidelines, and the Building Inspector, Police Chief, Fire Chief, Village Manager shall be notified by certified letter or hand delivery at least seven days prior to demolition, advising them of the anticipated date and duration of demolition.

C. Inspection by Building Inspector after demolition and prior to backfilling. In removing a structure's foundation in connection with the demolition of a structure, the Building Inspector shall confirm that the following work was done:

(1) For the demolition of a residential structure, all underground installations, including walls, foundations, footings, and basement floors were removed. All existing slabs at the grade used in connection with the structures being demolished were removed. Notwithstanding the foregoing, finely broken material of not larger than one-half square foot on any side may be utilized for fill to the extent not otherwise prohibited by law; and

(2) For the demolition of a commercial structure, all underground installations, including foundations, footings, basement floors, grade beams, walls, piers, caissons, and piles shall be removed to a depth that is two feet below the lowest usable level of the structure being demolished. If underground installations remain below two feet below the lowest usable level of the structure being demolished, the Building Inspector shall confirm that a certified site plan identifying the location of such underground installations was filed with the Building Inspector and an appropriate notice of the underground condition was filed with the Milwaukee County Register of Deeds or approved GIS registry.

D. Inspection by Building Inspector following backfilling and site restoration. After backfilling and site restoration is completed with respect to the demolition of a structure, the Building Inspector shall confirm that the following measures taken:

(1) Temporary fencing, safety, erosion, and dust control, and other pertinent measures shall be taken as directed by the Building Inspector if the site is to be backfilled or built upon with a new substantial structure within 10 days;

(2) The site shall be completely secured by a chain-link fence at least six feet in height and such other safety, erosion, and dust control, and other pertinent measures were taken as prescribed by the Building Inspector if the site is to be backfilled or built upon with a new home or other similar substantial structure within 11 to 30 days; and

(3) The site shall be backfilled and graded to match and accommodate the surroundings and promote good drainage within the lot to preclude the blockage of existing drainage from other parcels and preclude the discharge of drainage from this site onto adjacent parcels. The site should be sodded or seeded and strawed, and otherwise landscaped to be compatible with the neighborhood if the site is not to be built upon within 30 days.

§ 15-76 General conditions for demolition projects.

[Amended by Ord. No. 1714]

The following general conditions are applicable 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 necessary and prescribed by the Building Inspector or Village Engineer;

B. Chain-link fencing shall be strong and secure, a minimum of six feet high, completely surrounding the work area, and of a design and construction so there is no opening larger than a six-inch sphere from the ground to the top of the fence. If there is a locked gate, provision must be made so the Building Inspector has access at all times;

C. Existing trees, shrubs and grass areas that do not have to be disturbed must be preserved, including replacement if damaged in conjunction with demolition work;

D. All dry mortar, lime, brick dust, or other flying material, before and during removal, must be dampened sufficiently to prevent it from floating or being blown into the street or on adjoining property, and all sidewalks must be protected by fences and scaffolds to the satisfaction of the Building Inspector;

E. The owner and/or contractor is 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 any demolition activity to the satisfaction of the Building Inspector;

F. Waste material and rubbish may not be stored nor allowed to accumulate within the building or in the immediate vicinity, but shall be removed from the premises as rapidly as practicable. All materials must be removed from the premises in a safe manner and in compliance with all ordinances;

G. Burning and/or brick cleaning are not permitted on the job site;

H. No decomposable material or material that contains debris may be used as fill;

I. Owner is responsible for the successful germination of seed and ongoing condition of the site until vegetation is reestablished, including dust control and erosion;

J. The contractor shall furnish, install, and maintain ample sanitary facilities for workers;

K. Upon failure by the owner to comply with this article, the Building Inspector may enter upon the premises with such assistance as may be necessary, causing the existing conditions to be corrected and the cost thereof charged against the property. The resulting lien thereon will be collected as a special tax;

L. All wells, underground storage tanks, septic tanks, and other subterranean structures must be abandoned or removed in accordance with this article and applicable state and federal law;

M. No material may be stored within the public right-of-way without the approval of the Village Engineer;

N. The site shall be restored and backfilled, or construction of a new permitted structure commenced, within 30 days of completion of demolition; and

O. The owner of the structure(s) to be demolished shall submit photographs of the exterior of the structure(s) proposed to be demolished, or altered, with elevation views of each face of the building(s), and corner perspectives showing the relationship of the structure(s) to the property; as well as of historic or architectural artifact(s) in the interior of the structure(s) that may be unique to or characteristic of the property, with a written description of the artifact(s). When possible, the owner will work with the demolition contractor to salvage and reuse, donate or sell the artifact(s).

P. The owner of the structure(s) to be demolished shall submit the following information, with citations, subject to availability:

(1) Date of construction.

(2) Name of architect and builder.

(3) Name of original and subsequent owners.

(4) Description of artifact(s), including dimensions, materials used, name of artisan(s), manner of disposal, and name, address and phone number of new owners.

Q. Prior to issuing a final permit for demolition, the Building Inspector shall present the details of the application for demolition permit to the Village Board.

§ 15-77 Special exceptions regarding demolitions.

Special exceptions regarding the requirements of this article may be obtained pursuant to Chapter 16, Zoning, § 16-53.

§ 15-78 Violations and penalties; completion of performance.

A. Each day of violation of any provision of this article shall be considered a separate violation subject to the penalty provisions of Chapter 17, Village Code and Ordinances, of the Code.

B. The Village Manager may direct that any requirement of this article which has not been performed by the owner of a property subject to demolition permit requirements be performed by Village employees or third-party contractors and that the cost of such work, including administrative costs, be placed on the property tax bill of the property pursuant to § 66.0627, Wis. Stats.

§ 15-79 Fees for demolition.

Fees for demolition of structures shall be as determined by the Village Board from time to time.[1]

[1] Editor's Note: Original Sec. 15.17, Section 2, Fees, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I).