(A) A demolition permit shall be required for any structure 250 square feet or greater in size. All applications for demolition permits shall be accompanied by a demolition plan containing the signature of the property owner, who shall be ultimately responsible for compliance with this chapter and the approved demolition plan.
(B) Such plan shall be binding upon subsequent property owners and shall require the following:
(1) Proof of the applicant’s having obtained all the necessary permits from the North Carolina Department of Environment and Natural Resources and/or the North Carolina Department of Health and Human Services;
(2) Removal of all mowing obstructions, construction debris and materials, and removal of all structural foundations. Upon completion of demolition and with the exception of any state and federal environmental regulations to the contrary, no demolition materials may be left on-site prior to the redevelopment of the subject property. “Redevelopment” shall not include storage, for business or non-business purposes, of demolition materials generated on the subject property;
(3) For single- and two-family residential projects, removal of such materials within 14 days of the removal of the structure(s);
(4) Upon demolition, sewer line must be satisfactorily capped off by the property owner and/or contractor and inspected by the town’s Public Works Department;
(5) Paved parking area may be retained on site, although the property owner is required to maintain such areas so they do not detract from the overall appearance of the property;
(6) Upon demolition, the lot where the demolition has occurred shall be sodded or hydroseeded with a silt fence installed to prevent and eliminate erosion. This silt fence must be maintained in place until the lot has a vegetative cover of at least 70%. Any resulting holes (e.g., from basement levels) must be filled and returned to normal grade;
(7) Deadline for completion of the demolition;
(8) A description of the applicant’s plans for ongoing post-demolition maintenance of the lot so that the condition of that lot does not rise to the level of a public nuisance as defined in § 90.02 of this code of ordinances;
(9) All applications for demolition permits shall be accompanied by payment of a secure bond in the form of cash, certified check, cashier’s check or surety bond according to the size of project as noted within the current town’s Schedule of Fees as approved by the Board of Commissioners. Bonds shall be based upon square footages identified on the official tax cards of Rutherford County. Any bond in the form of cash or certified/cashier’s check will be refunded within 30 days upon satisfactory completion and inspection of the subject property by the Zoning and Subdivision Administrator or his or her designee;
(10) Failure on the part of the property owner or his or her contractor to completely demolish, remove and clear the premises as stipulated in the demolition plan after 30 days’ notice by the Zoning and Subdivision Administrator shall be cause for forfeiture of the bond;
(11) Structures greater than 10,000 square feet and sectional demolition.
(a) In the case of individual structures greater than 10,000 square feet, subsections thereof may be bonded and demolished individually provided that these subsections are bounded by intact firewalls. A performance bond based upon square-footage unit cost shall be posted for each subsection demolished, regardless of that subsection’s size. Bond amount shall be determined by the cumulative square footage per story within the structure.
(b) Each permitted section of demolition shall require a performance bond from either:
1. Any bond company rated B+ or greater by A.M. Best; or
2. Cash or cashier’s check to be deposited and held by the town until the project is completed. Outlying and unattached structures less than 10,001 square feet located on the same parcel may be bonded according to the applicable per structure rates within the town’s Fee Schedule as approved annually by the Board of Commissioners. All bond amount schedules shall be specified in the town’s Fee Schedule.
(12) Administration of subsectional demolition.
(a) Bond shall not be released until all material generated by that section’s demolition has been removed from the property. Bond for the final section on a parcel shall be held until the entire parcel is graded, sodded and finished according to the terms of this chapter.
(b) While complete foundation removal is required as noted under division (B)(2) above, the entire foundation may be scheduled up front in the approved demolition plan as the one single, final section in cases where complete removal at once is most practical for the developer. In such case, the town shall retain one-third of every previous section’s bond amount to serve as bond on the final section.
(13) In addition to posting bond according to the terms of this chapter, the applicant shall pay inspection fees to the town as set forth in the town’s annual Fee Schedule. The Zoning and Subdivision Administrator or his or her designee shall conduct random inspections and have the authority to issue an immediate stop-work order if the terms of this chapter and the project’s demolition plan are not met;
(14) Demolition activity shall be prohibited from sunset to sunrise, Eastern Standard Time, and all day on Sundays; and
(15) Failure to comply with the provisions of this section shall subject the violator to penalties, enforcement and abatement as provided in § 10.99 of this code of ordinances.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)