[Added 11-8-2007[1]]
Recognizing the Town of Wilton's rich history
and acknowledging that the preservation, protection, enhancement and
continued use of historic structures and sites serves the best interests
of all the people, this article is intended to:
A.Â
Preserve, protect and promote the use of historic
landmarks which reflect the Town's cultural, social, economic, political
and architectural history.
B.Â
Safeguard the property rights of owners.
C.Â
Stabilize and improve property values.
D.Â
Foster civic pride.
E.Â
Strengthen the economy.
F.Â
Protect and enhance the appeal of the Town for residents,
tourists, and visitors and for educational purposes.
A Historic Preservation Board is hereby established
and shall consist of five members. All members shall be appointed
by the Town Board, have an interest in historic preservation and shall
serve for terms of five years, provided that one original member will
serve an initial term of one, two, three, four or five years. All
members must be residents of the Town of Wilton. One position will
be held by the Wilton Town Historian and another by a member of the
Wilton Heritage Society. The Town Supervisor shall appoint a chairman.
A.Â
For the purpose of furthering the goals and purpose
of this article and the preservation, protection, perpetuation and
use of landmarks and historic areas, certain buildings, historic districts
or landmarks for designation have been identified. Those buildings,
districts and landmarks are so designated on Appendix A, Schedule
of Designated Historic Districts, Buildings and Landmarks.[1]
[1]
Editor's Note: A copy of Appendix A is available
in the Town offices.
B.Â
The Historic Preservation Board may make additions
to Appendix A, subject to Town Board ratification. In identifying
any area, place, building, structure or similar object as a landmark
to add to Appendix A, the Historic Preservation Board shall apply
one or more of the following criteria:
(1)Â
It possesses special character, historic interest
or value as part of the cultural, political, economic or social history
of the Town.
(2)Â
It is identified with an historic personage.
(3)Â
It embodies the distinguishing characteristics of
an architectural style.
(4)Â
It exemplifies the cultural, economic, social or historic
heritage of the Town.
C.Â
In identifying a group of properties as an historic
district, the district shall be geographically within a clearly identifiable
area of a number of structures which give it distinct historic or
aesthetic character. The boundaries of the historic district so designated
shall be specified in detail.
D.Â
Upon designation
by the Town Board, the Town Clerk shall record and forward notice
of each property placed on the Schedule of Historic Districts, Buildings
and Landmarks to the Town of Wilton Assessor, Building Inspector,
and Planning Director.
[Added 12-3-2009]
[Amended 12-3-2009]
All property owners that hold title to any property
identified in Appendix A[1] shall be notified in writing that their property has been
designated as an historic building or landmark or that it is part
of an historic district. An owner receiving such notice may opt out
of inclusion in the Schedule of Designated Historic Districts, Buildings
and Landmarks by notifying the Historic Preservation Board in writing
within 90 days of the receipt of said notice. Properties that remain
on the schedule may receive appropriate recognition by the Town of
Wilton and the Historic Preservation Board with a suitable historic
marker or plaque and additional benefits as the Town of Wilton Town
Board may deem suitable.
[1]
Editor's Note: A copy of Appendix A is available
in the Town offices.
A.Â
No person shall alter, construct, remove, reconstruct,
demolish or otherwise change the exterior of any property designated
a landmark or within the historic district without first obtaining
a certificate of appropriateness from the Historic Preservation Board.
Exterior improvements which need the approval of the Board include:
(1)Â
Erection of a new building.
(2)Â
Demolition of a building, porch, garage or any part
thereof.
(3)Â
Additions, alterations or enclosures.
(4)Â
Any other exterior changes requiring a governmental
permit.
(5)Â
Any major change in landscaping and changes in the
amount of paving in parking areas and their screening.
B.Â
The following procedures shall apply in regard to
such a change in any such property:
(1)Â
Any application to the Town for a building or demolition
permit for a change as described above shall also be deemed an application
for a certificate of appropriateness and shall be forwarded to the
Historic Preservation Board with copies of all detailed plans, elevations,
specifications and documents relating thereto. The Historic Preservation
Board shall act on such applications within 10 business days of receiving
notification. No building or demolition permit shall be issued for
the work until a certificate of appropriateness has been issued by
the Historic Preservation Board. If the Historic Preservation Board
has not acted on such application within 10 business days, the application
will be assumed to be approved and the changes appropriate.
[Amended 12-3-2009]
(2)Â
If the Historic Preservation Board finds that the
change proposed by the applicant will not adversely affect any significant
historic or aesthetic feature of the property and is appropriate and
consistent with the spirit and purposes of this article or will remedy
any conditions imminently dangerous to life, health or property, as
determined by the Building Inspector or the Code Enforcement Officer,
then the Historic Preservation Board shall issue a certificate of
appropriateness.
(3)Â
This certificate shall be in addition to, not in lieu
of, any building or demolition permit or variances required by the
Town.
(4)Â
If the Historic Preservation Board finds that the
change proposed by the applicant will adversely affect any significant
historical or aesthetic feature of the property or is inappropriate
or is inconsistent with the spirit and purpose of this article, the
Historic Preservation Board shall disapprove the application and so
advise the applicant, in writing, and a copy shall be filed with the
Town Clerk's office within 30 days after receiving the application.
(5)Â
Appeals. Any person aggrieved by the decision of the
Historic Preservation Board by reason of hardship or by disapproval
of an application for a certificate of appropriateness may, within
30 days of the date the decision is filed with the Town Clerk, submit
a written application with the Town Board for review of that decision.
C.Â
Demolition
of any structure or building 49 years or older.
[Added 12-3-2009]
(1)Â
Prior
to issuing a demolition permit on a building or structure older than
49 years old, the Town Building Department shall notify the Historic
Preservation Board by providing 14 days' written notice identifying
the building or structure for which such permit is sought by the address
and name of the owner or owners, unless, in the opinion of the Building
Department, the structure poses an imminent threat to health and safety.
(2)Â
The
Historic Preservation Board shall evaluate and document the building
or structure for historic or architectural significance appropriately
as may be necessary during the fourteen-day notice period prior to
any demolition permit. The Board may request an additional 14 days
to evaluate and document such significant structures in cases where
extensive research is required.
Nothing in this article shall be construed to
prevent the ordinary maintenance and repair of any exterior feature
of a landmark property or property within an historic district which
does not involve a change in design, material or outward appearance
thereof nor prevent any change that the Building Inspector or Code
Enforcement Officer shall certify is required by law.