Demolition Ordinance

TOWN OF MORRISTOWN

ORDINANCE O-12-2019

AN ORDINANCE REPEALING CHAPTER 12 SECTION 4 “DEMOLITION OF BUILDINGS” AND AMENDING AND SUPPLEMENTING CHAPTER 30 “LAND DEVELOPMENT ORDINANCE”

WHEREAS, the intent of this ordinance is to protect the historic character of Morristown by limiting the detrimental effect of demolition; and

WHEREAS, significant structures within Morristown that contribute to the architectural, cultural, economic, political, or social history of the town should be preserved when possible; and

WHEREAS, the purpose of this ordinance is not to permanently prevent all demolition, but to provide an opportunity to evaluate options for preservation, restoration, relocation, and rehabilitation, or when necessary, to document historic or architecturally important resources prior to demolition; and

WHEREAS, as part of the adoption of this Ordinance the Town of Morristown desires to repeal Chapter 12 Section 4 of the Morristown Town Code entitled “Demolition of Buildings” as this new ordinance will now govern the process for applying and obtaining a demolition permit;

NOW, THEREFORE BE IT RESOLVED, by the Town Council of the Town of Morristown, County of Morris, State of New Jersey, being the governing body thereof, that Chapter 12 Section 4 of the Morristown Town Code entitled “Demolition of Buildings” be and hereby is repealed it its entity; and

BE IT FURTHER RESOLVED that Chapter 30 of the Morristown Town Code entitled “Land Development Ordinance” be and hereby is amended to read as follows:

30-8.A.3. Demolition of Buildings

1. Permit Required. No person shall remove or demolish or commence the removal or demolition of any building or structure in the Town of Morristown without first filing with the Zoning Officer an application in writing and obtaining a permit thereof. This shall apply to all principal or accessory buildings and accessory structures in excess of 120 square feet. This includes “partial demolition”, where more than 25% of a building's façade or 120 square feet will be removed. All such applications shall include payment of a filing fee in the amount of $75.00.

2. Applications.

The applicant for a demolition permit shall state on a form provided by the Zoning Officer: a. The name and address of the person or entity who owns the building or structure to be demolished and who shall execute application, as well as signature to verify they have the authority to make such application. b. The reason for the demolition. c. The approximate age of the building or structure to be demolished. d. The zoning classification for the land on which the building or structure is situated. e. A certified statement of the proposed work schedule with the approximate number of working days required to complete the work but in no case in excess of thirty (30) days. Upon application and a showing of good cause, the Zoning Officer, after consulting with the Construction Official, may extend the maximum number of days for completion beyond thirty (30) days. f. The approximate size of the building or structure in terms of square feet, number of floors, approximate height and type of construction, with photographs that show, at a minimum, the front, rear, and side facades. g. Whether or not the building is conforming or nonconforming to the Town zoning laws at the time of demolition. h. Whether any new structure or building is planned or contemplated within one (1) year of the date of demolition. i. Whether subsequent construction is planned within thirty (30) days of the date of demolition. j. Whether the demolition is sought for Federal, State, municipal or private purposes. k. Whether the building or structure has been used or occupied during the five (5) years prior to demolition, and if so, for what purpose and use for each of the five (5) years. l. The name and address of the person who will perform the demolition. m. A copy of the performance bond guaranteeing completion of demolition in accordance with this section. n. A statement that the structure is not listed on any register of historic landmark. o. Agrees that if permit is issued, a release from the utilities stating that their respective service connection and appurtenant equipment, such as meters and regulations, have been removed, sealed or plugged in a safe manner, will be submitted prior to demolition.

p. A land development application approval from the Planning or Zoning Board does not preclude compliance with the demolition approval process contained herein. Demolition permits can be made before, concurrently, or after the land development application process. 3. Referral to the Historic Preservation Commission.

Within ten (10) days of receipt of an application for a demolition permit, the Zoning Officer shall refer such application to the Historic Preservation Commission for review. The Historic Preservation Commission shall have forty five (45) days to determine if the structure proposed for demolition should be deemed “Preferably Preserved”. In order for a structure to be deemed to be “Preferably Preserved” one or more of the following criteria must be met:

a. The structure must be 100 years old or older according to Tax Assessor Records; or

b. Historic Resource mentioned in the Town’s Master Plan; or

c. The structure is listed or deemed eligible for the National Register of Historic Places. The National Register of Historic Places covers four main categories:

i. Aesthetics/Architecture; ii. Connection to Historic Event/Movement (could be locally or nationally significant); iii. Connection to Historical Figure; iv. Reasonable Evidence to Merit Archaeological Investigation; or

d. The structure is located within a State or National Historic District.

If the Historic Preservation Commission does not deem the structure to Preferably Preserved, the Zoning Officer shall issue the requested permit for demolition. If the Historic Preservation Commission determines that the structure is Preferably Preserved, the Historic Preservation Commission shall recommend to the Zoning Officer that the permit for demolition be denied.

Once a Structure is determined to be Preferably Preserved, the owner shall be responsible for properly securing the structure (if vacant) to the satisfaction of the Building Officer, and for taking common preventative measures (e.g. turning water off if the structure will remain unheated) to prevent damage to said structure. Subsequent destruction of the structure at any time during the demolition delay period, which could have been avoided by common preventative or basic security measures, shall be considered a demolition in violation of this Ordinance.

4. Effect of Grants or Denials of Permits; Appeals.

A. Effect. Issuance of an approval of a permit shall be deemed to be a final approval pursuant to this Chapter. Such approval shall neither cause nor prevent the filing of any collateral application or other proceeding required by any other Town Ordinance to be made prior to undertaking the demolition of the approved structure. The denial of a permit for demolition shall be deemed to preclude the applicant from undertaking the activity applied for.

B. Appeal. The denial of a permit may be appealed to the Zoning Board of Adjustment pursuant to the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-70(a). Appealed applications shall provide the following: i. Any forms required as part of the demolition application.

ii. Interior and exterior photographs of the building.

iii. A statement that explains why the building lacks historic or aesthetic value.

iv. A list of the architectural-defining elements and the building materials used to construct those elements.

v. Inventory of building and site to comply with historic standards.

C. If said denial is appealed to the Zoning Board of Adjustment, and the Zoning Board of Adjustment finds in the applicant’s favor, the Zoning Officer shall issue a demolition permit.

D. If said denial is appealed to the Zoning Board of Adjustment, and the Zoning Board of Adjustment affirms the denial, the applicant shall not be issued a demolition permit until the applicant has demonstrated the following to the Zoning Officer:

i. Notice of the proposed demolition has been posted on the premises of the building, structure or site for a period of nine (9) months starting from the date of denial by the Zoning Board of Adjustment (the “Notice Period”) and applicant has published notice of the proposed demolition in the official newspaper of the Town within the first ten (10) days of the Notice Period, within the last ten (10) days of the Notice Period, and at least once every 90 days within the Notice Period; ii. Applicant has worked with the Historic Preservation Commission to evaluate viable alternatives to demolition; and iii. Applicant has made good faith attempts to either sell or rent the property at fair market value. iv. Applicant has allowed HPC to document and take photographs of the property, interior and exterior of the building, and all structures that may be affected by the demolition, and obtain historical records, maps, plans, reports related to the site and structures. v. At the conclusion of the Notice Period, if the applicant still wishes to proceed with demolition, prior to performing the demolition, the Applicant will: (1) Advise the Zoning Officer in writing of its intention to proceed with the demolition; and (2) Certify in writing to its compliance with the provisions of the Notice Period; and (3) Provide the Commission with a copy of the notice that appeared in the official newspaper of the township and a listing of all dates on which the said notice appeared in the newspaper; and

5. Demolition Procedure Approvals; Inspections.

a. In the demolition of a structure, the person making application for a permit will erect an approved system of barricades, have the electric, gas and telephone services disconnected by the respective utility companies and shall be required to disconnect and seal the water and sewer lines. A permit to demolish a structure shall not be issued until a release is obtained from the utilities stating that their respective service connection and appurtenant equipment, such as meters and regulations, have been removed, sealed or plugged in a safe manner. The Division of Building and Uniform Construction Code Enforcement shall be notified at least four (4) days prior to the proposed demolition; adequate and proper rodent control measures shall be institutes at least three (3) and not more than ten (10) days prior to commencement of work. In addition thereto, the applicant shall give written notice to the owners of adjoining lots and to the owners of wires or other facilities, the temporary removal of which may be necessitated by the proposed work. All necessary permits shall be obtained from the Department of Public Works. The applicant shall arrange for an inspection to be made by the Construction Official to determine if the above-mentioned measures have been taken in accordance with this section, and if so, a demolition permit will be issued. b. The contractor shall obtain appropriate approval for water use on the site from the Department of Public Works for dust control. The contractor shall provide a flagman for traffic control when necessary, and should a street have to be closed, he shall obtain written permission from the Director of Public Works, the Chief of Police and the Fire Chief. c. No explosives shall be utilized in the demolition of any building or structure. d. The Construction Official may inspect the demolition of any building or structure in the Town of Morristown daily and shall be empowered to halt any such demolition that in the judgment of the Construction Official is not being performed in a safe and sanitary manner or in accordance with the provisions of this section.

6. Procedure Following Demolition. a. When a building or structure has been demolished and no building permit has been obtained for a replacement structure so that the site of the previous building will remain vacant for longer than 8 months, the site and/or lot shall be filled, graded, seeded and maintained in conformity to the established street grades at curb level. b. Once a building or structure has been demolished, a safety fence shall be erected around the site and/or lot until subsequent construction requires other or until site is restored as discussed above. c. The site and/or lot shall be maintained free from the accumulation of rubbish and all other unsafe or hazardous conditions which endanger the life or health of the public in accordance with the provisions of the appropriate subcodes. Provisions shall be made to prevent the accumulation of water or damage to any foundation on the premises or on private or public property.

7. Failure to Complete Work. If any demolition contractor fails to complete the work for which a permit has been issued within ten (10) days after the expiration of the time period specified in the statement submitted in support of the permit application under subsection 2e, the Construction Official or his designee, after the service of a three (3) day written notice, shall declare the contractor in default and proceed to have the demolition completed by exercising the Town's right under the performance bond.

8. Insurance. a. Any person or contractor engaged in the demolition of a building or structure within the Town of Morristown shall file with the Municipal Clerk evidence of the contractor's financial responsibility in the form of a certificate of insurance specifying demolition purposes. The person or contractor must obtain insurance specifically covering the demolition in the following amounts: 1. Liability insurance covering bodily injury to persons of at least one million ($1,000,000.00) dollars combined single limit per person. 2. Liability insurance covering property damage of at least one million ($1,000,000.00) dollars combined single limit per accident. b. In addition thereto the applicant or contractor must obtain a completion of performance bond pursuant to subsection 2m. The certificate of insurance shall provide that the Town of Morristown and its agents shall be saved harmless from any claim or claims resulting from the demolition caused by the applicant, contractor, their agents, servants or employees.

9. Violations and Penalties. Enforcement.

Any person violating any of the provisions of this Chapter shall, upon conviction hereof, be subject to the penalties herein. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Any person who shall undertake any activity without approvals required by this Chapter shall be deemed to be in violation hereof.

If any person shall undertake demolition of a premises without first having obtained a permit, he or she shall be required to immediately stop the demolition, apply for approval and take any necessary measures to preserve the affected premises pending such approval. If the permit for demolition is denied, he or she shall immediately restore the affected premises to its condition prior to any demolition. In the event of a threat of imminent action for which the necessary approvals have not been granted and which action would permanently and adversely change a historic or landmark premises, the Zoning Officer is empowered to apply to the Superior Court of New Jersey for injunctive relief as is necessary to prevent such actions.

In addition to the remedies provided above, a person convicted of a violation of this Chapter shall be subject to penalties as follows:

(1) For each day up to ten (10) days : no more than $500 per day; (2) For each day between eleven (11) and twenty five (25) days: not more than $1,000 per day; (3) For each day beyond twenty five (25) days : not more than $2,000 per day and a jail term not to exceed 90 days may be imposed; and (4) If a building subject to the provisions of this Ordinance is demolished without first obtaining a demolition permit, no building permit shall be issued for a period of five (5) years from the date of the demolition on the subject parcel of land or any adjoining parcels of land under common ownership and control unless the building permit is for the faithful restoration, or unless otherwise agreed to by the Commission.

BE IT FURTHER ORDAINED that if any section, paragraph, subsection, clause or provision of this Ordinance shall be adjudged by the courts to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause or provision so adjudicated, and the remainder of the Ordinance shall be deemed valid and effective.

BE IT FURTHER ORDAINED, any ordinances or parts thereof in conflict with the provisions of this Ordinance are repealed to the extent of such conflict.

BE IT FURTHER ORDAINED, this Ordinance shall take effect upon passage.

Adjustment affirms the denial, the applicant shall not be issued a demolition permit until the applicant has demonstrated the following to the Zoning Officer:

5. Demolition Procedure Approvals; Inspections.

9. Violations and Penalties. Enforcement.

In addition to the remedies provided above, a person convicted of a violation of this Chapter shall be subject to penalties as follows:

BE IT FURTHER ORDAINED, any ordinances or parts thereof in conflict with the provisions of this Ordinance are repealed to the extent of such conflict.

BE IT FURTHER ORDAINED, this Ordinance shall take effect upon passage.

ATTEST: ADOPTED:

______Margot G. Kaye, Timothy P. Dougherty, Town Clerk Mayor Date: ______May 13, 2019______