HomeMy WebLinkAboutOrd 5812 08/17/2010 ORDINANCE NO. 5812
AN ORDINANCE AMENDING CHAPTER 21 AND APPENDICES
OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS
REGARDING DEMOLITION OF STRUCTURES
Passed and approved by
the President and Board of Trustees
the 17 day of August, 2010
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois,
the 18 day of August, 2010
ORDINANCE NO. 5812
AN ORDINANCE AMENDING CHAPTER 21 AND APPENDICES OF THE
VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS,
REGARDING DEMOLITION OF STRUCTURES
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS
HOME RULE POWERS:
SECTION 1: Section 21.205, "Demolition of Buildings ", of Article II, General Provisions, of
Chapter 21 of the Mount Prospect Village Code shall be amended by deleting the section in its
entirety and replacing with the following text:
A. No building or other structure shall be demolished, razed or wrecked (hereinafter referred
to as demolished) unless a permit is first obtained from the Director of Community
Development. Reference to the Director of Community Development shall include any
authorized agent or designee of such Director.
B. Application for a demolition permit as required in subsection A of this section shall be
made to the Director of Community Development and accompanied by the following:
1. A description of the proposed building or structure to be demolished, its location,
nature of construction, and the reason, method and procedure for its proposed
demolition. All pavement proposed to be demolished shall include removal of the
stone base (full depth pavement removal). Any depressed curb and gutter across a
driveway apron that is demolished shall be replaced to match the adjacent barrier or
roll curb.
2. Cost estimate and a security and restoration bond in the amount of the estimate as
set forth in section 21.318 of this chapter. This cost estimate shall include, but
not be limited to, the proposed demolition of any structure, hard -paved surface such
as parking lots, driveways, sidewalks, any public utility connections, old foundations,
and site restoration of affected areas as described in B(3) of this section.
3. The plan for restoration of the property to its natural condition after all demolition
of buildings and structures are complete. Restoration to natural condition includes,
but is not limited to deposit of topsoil at its average grade. With respect to private
property, natural condition shall include installation of grass seed with an erosion
control blanket to allow a stand of grass to grow. Natural condition, with respect to
public right of way, shall mean restoration with sod.
4. Releases from all gas and electric utilities serving the premises. The release must
state that the respective services have been disconnected and terminated in a safe and
approved manner. After Village demolition permit issuance, all existing water and
sanitary services are to be terminated. All termination of water and sewer services
must also meet the requirements set forth in subsections 16.407I and 16,504H of this
code before the demolition of the structure may be commenced
5. Such other information as may be required by the Director of Community
Development.
6. For Commercial demolition projects, a plan for sediment and erosion control as
set forth in section 16.703 of the Village Code. If any pavement or drainage
structures are to be demolished, a grading and drainage plan shall be submitted. A
sediment and erosion control plan shall be submitted for residential demolition
projects as required by the Director of Public Works.
C. The Director of Community Development shall issue such demolition permit upon
finding that the application and the proposed operations fully comply with all provisions
of this code and any other outstanding permits for the property.
D. All demolition and restoration operations shall conform to the following requirements:
1. There shall be compliance with all provisions of this code with respect to safety
procedures to be used in occupying streets and making excavations, including
lighting, guard- railing, temporary sidewalks and proper scaffolding.
2. Adequate sprinkling shall be employed so as to assure the containment of dust.
3. Except as to buildings no more than two (2) stories in height and wholly of wood
frame construction; only one story at a time shall be demolished. No wall, chimney or
other construction shall be allowed to fall en masse on an upper floor. Bulky material,
such as beams and columns, shall be manually or mechanically lowered so as not to
free fall for more than one foot from a floor or the ground.
4. Chutes for the removal of materials and debris shall be provided in all parts of
demolition operations that are more than twenty feet (20') above the point of deposit.
Such chutes shall be completely enclosed. They shall not extend in an unbroken line
for more than twenty five feet (25'), but shall be equipped at intervals of twenty five
feet (25') or less with substantial stops to prevent descending material from attaining
dangerous speeds. The bottom of each chute shall be equipped with a gate or stop,
with suitable means for closing or regulating the flow of material.
5. All pits, holes or other areas below street grade shall be filled, appropriately
compacted and leveled. All abandoned foundations, structures and debris shall be
removed and the premises left in a safe condition.
6. Demolition and site restoration deadlines:
a) Enforcement
In the event the property has not been restored to its natural condition or new
construction has not begun within (60) calendar days of the issuance of the
demolition permit, or demolition work has stopped for (7) calendar days, the
security and restoration bond may be used by the village to restore the premises
to its natural condition.
b) Release of Security
The security and restoration bond (or such portion as may not have been spent
pursuant to 6(a) above) shall be refunded (1) upon completion of the work and
approval by the Director of Community Development or designee; or (2) upon
issuance of a new construction permit for construction at that location for another
building or structure. All deadlines as set forth in 21.205(D)(6)(B) apply and
supersede all other applicable permit time periods.
E. The foregoing provisions to the contrary notwithstanding, where a permit for new
construction has been issued on the premises where such demolition, razing or wrecking
is to occur, upon a written agreement with the Director of Community Development, the
requirements of subsection D5 of this section shall not apply.
SECTION 2: Section 21.318, "Demolition and Moving of Buildings; Fees and Bonds ", of
Article III, Fees Bonds and Deposits, of Chapter 21 of the Mount Prospect Village Code shall be
amended by deleting the section in its entirety and replacing with the following text
No building or other structure shall be demolished, razed or wrecked unless permit fees and
bonds are submitted to the village as follows:
A. A security deposit in the sum as set forth in appendix A, division I of this code, to assure
completion of the proposed demolition and restoration of the property to its natural
condition.
B. A permit fee as set forth in appendix A, division II of this code, shall be paid for all
demolition, unless of a minimum nature as specified in subsection D of this section. In
addition, a fixed fee is to be computed at a rate as specified in appendix A, division II of
this code, for each ten feet (10') of height of such building or structure above ten feet
(10') in height.
D. A permit fee as set forth in appendix A, division II of this code, shall be paid for all minor
demolition, including interior remodeling, rehabilitation and other related minor work
prior to construction.
E. A permit fee as set forth in appendix A, division II of this code, shall be paid for moving a
building.
SECTION 3: Section 21.318, "Demolition and Moving of Buildings; Fees and Bonds ", of
Division I, Bonds, Salaries, Insurance, and Miscellaneous, of the Appendices of the Mount
Prospect Village Code shall be amended by deleting the section in its entirety and replacing with
the following text:
A. Security and restoration bond: Demolition or building shall require a cash deposit or letter
of credit be submitted to the Village in the amount of:
1. Single Family Residential Primary Structure: $5,000
2. Single Family Residential Accessory Structure: No deposit required
3. Multi- Family, Commercial, Industrial, or Institutional Structure: An amount equal to
an engineer's demolition and restoration estimate.
SECTION 4: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form in the manner provided by law.
AYES: Hoefert, Juracek, Polit, Zadel
NAYS: None
ABSENT: Korn, Matuszak
PASSED and APPROVED this 17 day of August, 2010