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HomeMy WebLinkAboutOrd 5816 09/21/2010 ORDINANCE NO. 5816 AN ORDINANCE AMENDING CHAPTER 21 AND APPENDICIES 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 21 day of September, 2010 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 22 day of September, 2010 ORDINANCE NO. 5816 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. Residential accessory structures under 200 square feet in size are exempt from this provision and shall not require a permit. 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, Korn, Matuszak, Polit, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 21 day of September, 2010. /