[Adopted 2-8-1999]
A.
The Village of Elm Grove finds that many buildings
and surrounding landscapes having a special character or aesthetic
value to the Village have been demolished without consideration of
the feasibility of preserving and continuing the use of the building
and landscape features. In addition, an increasing number of buildings
and surrounding landscapes may be at risk of loss and destruction
although the preservation thereof may be both feasible and desirable.
B.
The Village of Elm Grove finds that demolition, unless
properly and timely conducted, can present a hazard to public safety
and can have a blighting effect on the neighborhood as well as being
unsightly.
A.
BUILDING
COMMENCEMENT OF DEMOLITION
COMPLETION OF DEMOLITION
DEMOLITION
As used in this article, the following terms shall
have the meanings indicated:
A structure comprised of a foundation, walls and a roof.
Any work done pursuant to a permit issued pursuant to this
article other than any approved erosion control.
Removal of the walls of the first floor above the foundation
of the structure being demolished.
A.
Every residential, nonresidential or mixed occupancy
building shall comply with the provisions of this article, regardless
of when the building was constructed, remodeled or otherwise altered.
B.
Continuing compliance requirement after demolition. After the effective date of this article, should only demolition of a principal structure occur without the commencement of any new construction as described in § 106-17D(2) and F(2), there shall be complete compliance with all other requirements of this article by any owner of the property, except the payment of the fee as provided in § 106-17C, whenever any structure is proposed for any property which has been the subject of a demolition permit under this article or any amendments thereto.
Except as provided in §§ 106-6 and 106-7 of this chapter, no person shall demolish any building unless a permit therefor under this article shall first be obtained from the Building Inspector after review and approval of the Plan Commission. An application for a demolition permit shall be made on forms provided by the Village and shall be accompanied by the information in the manner required in § 106-3A(1) through (4) of this chapter.
To implement and define criteria for the purposes set forth in § 106-11 of this article, the following principles are established to apply to all applications for a demolition permit:
A.
Whether, in cases where demolition is for the purpose
of facilitating new construction, due and fair consideration has been
given to the feasibility of preserving and continuing the use of the
existing building.
B.
Whether the end result of the applicant's project
including demolition and new construction, if any, will devalue adjoining
properties by unreasonably altering the character of the neighborhood.
C.
Whether the end result of the applicant's project
including demolition and new construction, if any, will be detrimental
to the public interest.
D.
Whether the existing building is in such deteriorated
condition that it is not structurally or economically feasible to
preserve or restore it.
A.
The Building Inspector shall immediately forward to
the Plan Commission all applications for demolition permits, including
attachments and any other information required for the Plan Commission's
review.
B.
Prior to review by the Plan Commission, the Village
Clerk shall timely notify in writing the owners of all properties
within 300 feet of any boundary of the parcel which is the subject
of any demolition permit. Notification shall be given to the owners
of any property within 300 feet despite any intervening public or
private road.
C.
Within 60 days of the applicant's filing of a complete application, the Plan Commission shall review the application in accordance with the principles enumerated in § 106-15 of this article and recommend that the permit be approved or denied. The Plan Commission may impose as a condition of recommending approval those requirements that, in its discretion, are necessary to further the goals and objectives of this article.
The following standards and conditions shall
apply to all work undertaken in the Village pursuant to a permit issued
under this article.
A.
Interpretation.
(1)
This section shall apply to all demolition work for
which a permit is required.
B.
Permit time limit. A demolition permit issued pursuant
to this article shall be valid for a period of no more than 12 months
after the initial date of issuance.
C.
The fee for a demolition permit shall be approved
by resolution from time to time as established by the Village Board.
[Amended 10-28-2003]
D.
Required plans and specifications. Every application
for a demolition permit shall be accompanied by the following plans
and specifications:
(1)
Existing building plans and specifications. If the
application includes demolition of a building, then the application
shall include floor plans and elevational views of that building as
it exists at the time of the application and in addition a survey
of the property on which the building to be demolished is located
showing all buildings and structures, as well as a tree inventory
showing all trees with a caliper of 12 inches diameter at breast height
or more.
(2)
Contingent site restoration plans and specifications.
Where the application includes demolition of a building without proposing
construction of a new building, such application shall include a detailed
site restoration plan depicting all work required to restore the subject
property, within 60 days after completion of demolition, to a safe,
clean condition until construction of a new structure has commenced,
including without limitation backfilling of any excavation, grading,
seeding, landscaping, fencing, runoff water management and the like.
(3)
Site erosion control plans. The application shall include detailed plans and specifications for runoff water management and soil erosion control on the subject property in conformance with the requirements of Chapter 325, Article I of the Code. Section 325-8A shall be applicable to all demolition as defined by this article notwithstanding that such land disturbing activities occur within an area of one acre or less. Such plans and specifications shall be on a drawing or drawings separate from all other plans and specification, labeled as "Erosion Control Plan."
(4)
New construction plans and specifications. Where the
construction of a new building is proposed following completion of
demolition, the application for demolition shall include floor plans
and elevational views of all new buildings together with a survey
of the property showing all of the new buildings and all trees with
a caliper of 12 inches diameter at breast height or more.
(5)
Dust and airborne particulate control provisions.
The application shall include provisions for controlling dust and
other airborne particles from the subject property, including without
limitation a source of water and spraying equipment and any other
measures to be taken to control airborne particles.
(6)
Damage to Village right-of-way provisions. The application
for demolition shall be accompanied by not less than 12 photographs
of the paved portions of the Village right(s)-of-way abutting the
subject property and extending 200 feet beyond the boundaries of the
subject property, depicting the condition of such pavement, including
but not limited to all existing defects or damage to such pavement,
to the reasonable satisfaction of the Public Works Director prior
to the commencement of any demolition activity on the subject property.
The photographs shall be of such resolution and size as to accurately
portray the then existing condition of the pavement. Within one day
after the completion of demolition, the permittee shall notify the
Building Inspector, who shall request the Public Works Director to
inspect the adjacent right-of-way for damage. The Public Works Director
shall, within one business day, determine whether any damage has occurred
to the pavement or any right-of-way improvements resulting from, or
arising out of, demolition related activities. If any damage has resulted,
the permittee shall, within 10 days following notice from the Village,
pay for the repair of the damage or, in the alternative, the Village
shall deduct the cost of repairs from the site management letter of
credit provided for in Subsection (G)(1) below.
[Added 8-13-2001]
E.
Variations. No person shall cause or allow any variation
from the approved plans and specifications for any work unless amended
plans and specifications showing all proposed variations are first
filed with the Village and approved by both the Building Inspector
and the Plan Commission. If any variation involves an increase in
the total cost of the proposed work, then a statement to that effect
shall be made and all necessary additional fees shall be paid before
any approvals are made.
F.
Prosecution of work.
(1)
Demolition work pursuant to a permit issued under
this article shall be diligently and continuously prosecuted and completed
in not more than 60 days after the commencement of demolition within
the permit time limit period.
(2)
The construction of an approved new building shall
be commenced, or the subject property shall be fully restored in conformance
with the approved site restoration plan, within 60 days after completion
of demolition.
G.
Site management letter of credit.
(1)
The applicant shall post with the Village, at the time of issuance of a demolition permit, a site management letter of credit in a form approved by the Village Attorney or cash deposit in the amount of $10,000 to assure timely compliance with the provision of Subsection F and the repair of damage to Village-controlled property under Subsection D(6). Upon the satisfactory completion of all work required under Subsection F, except seeding and/or landscaping, the amount of the site management letter of credit or cash may be reduced to $3,000 upon request. Such security shall be in addition to all other application and processing fees, costs, escrows, bonds and performance securities required by all Village of Elm Grove ordinances.
[Amended 8-13-2001]
(3)
Village right to draw on letter of credit. The Village shall have the right at all times, at its option, to draw on the site management letter of credit for the costs, including without limitation legal fees and administrative expenses, incurred or to be incurred by the Village in exercising any of its rights under this article in the event that the applicant undertakes any work in violation of any provision of this article or of any permit issued or plan approved pursuant to this article, the applicant fails or refuses to complete any work authorized by any permit issued under this article in accordance with all plans approved in connection with said permit, or the applicant fails to pay for damage to Village-controlled property as required under Subsection D(6). The Village's determination of such costs shall be based either on costs actually incurred by the Village or on the Village's reasonable estimates of costs to be incurred.
[Amended 8-13-2001]
(4)
Replenishment of letter of credit. If the Village draws on the site management letter of credit, then the applicant shall replenish the letter of credit to the full amount required by Subsection G(1) immediately after demand therefor is made to the applicant in writing by the Village. Any failure of the applicant to replenish the letter of credit shall result in cancellation of the related permit, which permit shall not be reissued thereafter except after the filing of a new application therefor, payment of the permit fee and establishment of a new site management letter of credit.
(5)
Return of unused letter of credit. Subject to any reduction allowed by Subsection G(1), the Village shall return any unused portion of the site management letter of credit or cash deposit to the applicant, without interest, as follows:
(a)
If the permit authorizes only demolition work
and no construction work is scheduled to take place within 30 days
after completion of demolition, the Village shall return the letter
of credit or cash deposit within 30 days after final inspection of
the restoration of the subject property and approval of the work by
the Building Inspector.
(b)
If the permit authorizes any work in addition
to demolition work, then the Village shall return the letter of credit
or cash deposit within 30 days after issuance of a final certificate
of occupancy.
H.
Village right to enforce. Every permit authorizing
demolition of a dwelling issued pursuant to this article shall be
conditioned on the agreement of the applicant and the owner of the
subject property that if any work pursuant to a permit authorizing
demolition of a dwelling is undertaken in violation of any provision
of this article, then the Village shall have the right at all times,
but not the obligation, to enter onto the subject property and to
cause any and all work to be done and actions to be taken to cure
such violation.
(1)
The applicant and the owner of the subject property shall be jointly and severally responsible for all costs and expenses incurred by the Village, including without limitation attorneys' fees and administrative expenses, in causing such cure. The Village shall have the right, at its option, to draw on the site management letter of credit provided pursuant to Subsection G of this section or to demand payment directly from the applicant or the owner for the cost of such Village work, including without limitation legal fees and administrative expenses, based either on costs actually incurred by the Village or on the Village's reasonable estimates of costs to be incurred.
(2)
Except as provided in Subsection K, the Village shall give a written or oral twenty-four-hour notice and an opportunity to cure to the applicant before taking such action; provided, however, that no such notice and opportunity to cure shall be required in the event of repeated violations or in the event that a condition on or near the subject property poses, in the determination of the Village, a threat of any kind to the public health or safety.
I.
Village right to complete work. Every permit authorizing demolition of a dwelling issued pursuant to this article shall be conditioned on the agreement of the applicant and the owner of the subject property that if the applicant fails or refuses to complete the work authorized by said permit in accordance with all plans approved in connection with said permit, or if said permit has expired or been canceled and the applicant has failed to secure a new permit to complete the work, or if the applicant has violated any provision of this article or of any permit issued or plan approved pursuant to this article and fails and refuses to cure such violation, then the Village shall have the right, in addition to all other rights afforded to the Village by law at the Village's option, to complete such work or to correct any defect or deficiency using the Village's own forces or contractors hired for that purpose. The Village shall have the right to draw on the site management letter of credit provided pursuant to Subsection G of this section or to demand payment directly from the applicant or the owner for the cost of such Village work, including without limitation legal fees and administrative expenses, based either on costs actually incurred by the Village or on the Village's reasonable estimates of costs to be incurred.
J.
Special permit fees.
(1)
Additional fee for late work. If the applicant shall fail to commence construction within 60 days or shall fail to complete site restoration within 60 days, as provided in Subsection D(2) or F of this section, then the applicant shall pay a special late work permit fee of $250 per day for each day until such work is completed. The Village shall deduct such fee from the site management letter of credit provided pursuant to Subsection G of this section.
(2)
No notice required. The Village shall have no duty
to notify the applicant of a violation of any section of this article,
but instead the Village may immediately proceed pursuant to the provisions
of this article.
K.
Penalties. The violation of any provision of this section shall be grounds for revocation of any permit or approval pursuant to which the work in question is being undertaken or for the issuance of a stop order pursuant to § 106-2B(1) of this chapter or for the imposition of a penalty pursuant to § 106-9 of this chapter.
The Building Inspector shall promulgate such
rules and regulations as may be necessary or appropriate to carry
out the purpose and intent of this article.
Any person or persons aggrieved by any decisions
of the Building Inspector or Plan Commission regarding the issuance
or nonissuance of a demolition permit may appeal the decision to the
Board of Appeals. Such appeal shall be filed with the Village Clerk
within 30 days after filing of such decision.
