[HISTORY: Adopted by the Town Council of the Town of North Branford
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-20-1991 by Ord. No. 174]
This article is enacted pursuant to Section 29-406(b) of the Connecticut
General Statutes for the purpose of imposing a ninety-day waiting period before
granting any permit for the demolition of any historic property. Such waiting
period is intended to promote the cultural, economic, social and general welfare
of the residents of North Branford and to enhance property values. It is further
the intent of this article to provide sufficient time for all interested persons
to consider or develop appropriate options to demolition, including attempts
to find a purchaser who will retain or remove such historic property or who
will present some other reasonable alternative to the last resort of demolition.
This article shall not apply to:
A.Â
Buildings, structures, objects or sites defined as "historic
properties" for purposes of Section 7-147p of the Connecticut General Statutes,
the demolition of which is governed by Sections 7-147p through 7-147y, inclusive,
of the Connecticut General Statutes.
B.Â
Abatement of a public nuisance as a remedy of last resort
because of public necessity and emergency.
C.Â
The removal or destruction of buildings to prevent the
spread of a conflagration or to safeguard the public in a similar emergency.
As used in this article, the following terms shall have the meanings
indicated:
Any wrecking activity directed to the disassembling, dismantling,
dismembering and/or razing of any structure or building or part thereof, or
the substantial disturbance or destruction of any object or site, not exempted
under the provisions of Section 29-402(c) of the Connecticut General Statutes.
"Demolition" shall not be construed to prevent the ordinary maintenance or
repair of any exterior architectural feature which does not involve a change
in the appearance or design thereof nor to prevent the alteration of any such
feature which is required by public safety because of a condition which is
unsafe or dangerous due to deterioration.
Any individual building or structure built for the support, shelter
or enclosure of persons, animals, chattels or property of any kind and which
is significant in the history, architecture, archaeology and culture of North
Branford, the state or the nation. "Historic property" shall also include
objects or sites of comparable significance as above stated. A list of "historic
properties" compiled by the Totoket Historical Society will be filed with
the Building Official of the Town of North Branford for his or her use in
the implementation of this article.
No person shall demolish any historic property or part thereof, as defined
herein, without obtaining a demolition permit from the Building Official of
the Town of North Branford in accordance with the provisions set forth in
Sections 29-401 through 29-415, inclusive, of the Connecticut General Statutes.
Such Building Official shall review applications for permits to demolish historic
property to determine compliance with the State Demolition Code and this article.
If the Building Official of the Town of North Branford determines that the
proposed demolition is subject to this article, the Building Official shall
inform the applicant, in writing, that a waiting period of 90 days from the
date of receipt of the application will be imposed before granting the required
permit. A "Notice of Intent to Demolish" sign shall be furnished by the Building
Official, which the applicant shall post in a conspicuous place on the site,
viewable from a public street, within five days from its receipt. The sign
shall be posted for the remainder of the ninety-day period from the date of
application and shall state that a request for a demolition permit has been
filed; the date of such filing; the location of the property; the owner(s)
of the property; the effective permit date for commencement of demolition
[which shall be calculated as 90 days from the date of filing of the application];
and that the application is on file in the office of the Building Official
and is available for inspection. If demolition is not commenced within six
months after issuance of a permit, the Building Official shall declare the
permit null and void.
[Added 6-19-2001 by Ord. No. 224;
amended 10-18-2005 by Ord. No. 233]
Upon application for a demolition permit, the Building Official shall
send, by regular mail, a notice of said proposed demolition to the Totoket
Historical Society and each member of the North Branford Town Council within
five days of receipt.
In addition to other penalties and remedies provided by law, each violation
of the provisions of this article shall be punishable by a fine of not more
than $100, with each day of such violation constituting a separate violation.
