[HISTORY: Adopted by the Town Council of
the Town of New Canaan 4-19-2006, effective 5-5-2006. Amendments noted where applicable.]
The purpose of this ordinance is to authorize
the Town of New Canaan, as allowed by § 29-406(b) of the
Connecticut General Statutes, to impose a waiting period of not more
than 90 days before granting a demolition permit for certain structures
of architectural, historical, or cultural importance. The objective
of this process is to promote the cultural, economic, educational
and general welfare of the Town of New Canaan by establishing a process
whereby the owners of buildings with significant historic characteristics
will be informed of the economic, cultural, and aesthetic benefits
of historic preservation and to encourage the preservation, rehabilitation
and reuse of such structures. The waiting period will provide time
for all interested parties to consider and put forth alternatives
to demolition, and to preserve historically significant records, photographs,
artifacts, and other items of continuing historical interest. This
ordinance is limited to, and will provide greater public notice of,
permits to demolish a building, structure, or part thereof that is
more than 50 years old and 500 square feet or more in area.
No person shall demolish any building, structure
or part thereof without first obtaining a permit for the particular
demolition undertaking from the Town Building Official. Such permit
shall be issued except as otherwise provided in this ordinance pursuant
to § 29-406 of the Connecticut General Statutes, as amended.
When the building, structure or part thereof
to be demolished is 500 square feet or more in size and at least 50
years old (hereinafter referred to as the "structure"), then no permit
shall be issued except upon compliance with the provisions of this
ordinance in addition to § 29-406 of the Connecticut General
Statutes and the State Demolition Code, as amended.
Any person wishing to obtain a permit to demolish
a structure shall file an application (hereinafter referred to as
the "application") verified under oath in the office of the Town Building
Official on a form approved by the Town Building Official, which application
shall include the following information:
A.
The name, if any, and address of the structure to
be demolished;
B.
The name and address of the owner(s) of the structure
to be demolished;
C.
The age of the structure to be demolished;
D.
The square footage of the structure to be demolished;
and
E.
The names and addresses of the owners of all properties
adjoining (and across the street from) the property on which the structure
to be demolished is located, according to an attached copy of a pertinent
portion of the current Assessor's map.
Within 10 days after the filing of an application
for a permit to demolish a structure, the applicant shall:
A.
Publish in a local newspaper having substantial circulation in the Town of New Canaan a "Notice of Intent to Demolish" (hereinafter referred to as the "notice"). Such notice is defined and described in § 12A-6 below;
B.
Mail copies of such notice by certified mail to the
owners of all properties adjoining (and across the street from) the
property on which the structure to be demolished is situated;
C.
Mail copies of the notice by certified mail to the
New Canaan Historical Society, the New Canaan Historic District Commission,
and any New Canaan taxpayer who has requested, in writing, from the
Town Building Official copies of any such notices filed pursuant to
this ordinance. The Town Building Official shall maintain the list
of those requesting to be so notified, and shall delete from the list
those who do not annually renew in January, in writing, the request
to be notified; and
D.
Post in a conspicuous location of the property on
which the structure is situated a sign at least 24 inches by 36 inches
in size visible from the nearest public street or other accessway
adjoining the property. Such sign shall include a copy of the notice
and shall contain the word "DEMOLITION" in capital letters no less
than two inches in height. If there is more than one structure proposed
for demolition, one sign shall be posted in respect to each such structure.
All signs required hereunder shall remain posted on the property,
if the permit is issued, until the completion of all demolition activities
authorized by the permit.
The notice required by § 12A-5 shall be on a form approved by the Town Building Official, shall be entitled "Notice of Intent to Demolish," and shall include the following information:
Within 14 days after publication of the notice,
the applicant shall file in the office of the Town Building Official
a statement verified under oath on a form approved by the Town Building
Official certifying that all of the requirements of this ordinance
have been complied with and attaching thereto a copy of the notice,
evidence of publication, a photograph of the posted sign, and all
certified mail receipts.
There shall be a standing committee appointed
by the Board of Selectmen consisting of at least three and not more
than five persons with appropriate credentials or experience in architecture,
design, construction, engineering, archeology, history, or historical
preservation. The committee shall have the following duties and responsibilities:
A.
To prepare and update the Historic Resource Inventory
listing structures in the Town of New Canaan with historical significance;
B.
To prepare and update written criteria for the analysis
of historical, architectural, and other characteristics relevant to
this ordinance;
C.
To reach out proactively to owners of significant
structures and inform them of the tax benefits, grants, and economic,
cultural, and aesthetic benefits of historic preservation, and to
encourage the preservation, rehabilitation and reuse of such structures;
D.
To develop policies and procedures consistent with
this ordinance;
E.
To review and decide upon objections to demolition
filed in accordance with the following section.
A.
If the Town Building Official has received no pertinent
written objection to the application within 15 days following publication
of the notice in the newspaper, then the Building Official shall issue
the demolition permit, provided all other requirements of the State
Demolition Code have been satisfied. Pertinent written objections
shall state the architectural, historical or cultural importance of
the structure. Impertinent objections may be rejected by the Building
Official.
B.
If the Town Building Official receives a pertinent
written objection to the application within 15 days following publication
of the notice, then the Building Official shall promptly refer such
objection to the Historical Review Committee. The Committee shall
review and decide all pertinent objections within 15 days of receipt
of the objection by the Building Official. If the Committee fails
to notify the Building Official of its decision within such fifteen-day
period, or if the Committee makes a written finding that the structure
is not of an age, style, condition or character that is of historical,
architectural or cultural significance to the Town of New Canaan,
then the Building Official shall issue the demolition permit, provided
the time for filing objections has passed, and provided that all other
requirements of the State Demolition Code have been satisfied. If
the Committee makes a timely written finding that the structure is
of historical, architectural or cultural significance to the Town
of New Canaan, then the Building Official shall not issue the demolition
permit until 90 days after the date the application was filed. In
the event, however, that all pertinent written objections are withdrawn
before the expiration of such ninety-day period, or the Committee,
having considered the steps that have been taken to accomplish the
purpose of this ordinance, makes a finding that no further delay is
appropriate, the Building Official shall issue the demolition permit,
provided that all other requirements of the State Demolition Code
have been satisfied.
In carrying out the purposes of this ordinance,
the Building Official and the Committee shall consider, in addition
to other criteria developed by the Committee, the structure's significance
in national, state, or local history, architecture, archeology, engineering,
and culture. A structure may be considered significant for any of
the following reasons:
A.
The structure is associated with events that have
made a noted contribution to national, state, or local history;
B.
The structure is associated with the lives of persons
noted in national, state or local history;
C.
The structure embodies distinctive characteristics
of a type, period, or method of construction that is rare or disappearing
and worthy of preservation; or represents the work of a noted architect,
builder, or craftsman; or possesses high artistic values or distinctive
design features or craftsmanship.
This ordinance is intended to supplement and
not to limit any requirements now or hereinafter imposed on any applicant
for or recipient of a permit and to supplement and not to limit any
authority now or hereafter granted to the Town Building Official by
the Connecticut Basic Building Code and the State Demolition Code.
The provisions of this ordinance shall not apply to any demolition
ordered by the Town Building Official because of an emergency or threat
to public health or safety.
Property owners or their agents may apply to the Historical Review Committee, prior to filing an application for a demolition permit, for an advance determination of whether the structure is of historical, architectural or cultural significance to the Town of New Canaan. The application shall be on a form provided by the Building Official, and the application fee shall be established by the Board of Selectmen. The Historical Review Committee shall hold a public hearing on the application, and shall cause notice of the public hearing to be mailed to the owners of all properties adjoining (and across the street from) the property on which the structure is situated, and to the New Canaan Historical Society, the New Canaan Historic District Commission, and any New Canaan taxpayer who has requested, in writing, from the Town Building Official copies of any such notices filed pursuant to this ordinance. The Committee shall cause notice of the public hearing to be published in a newspaper having substantial circulation in New Canaan, at least six days prior to the date of the public hearing. The legal notice shall specify the date, time and location of the public hearing, and shall identify the property on which the structure is located. If the Committee determines that the structure is not of historical, architectural or cultural significance to the Town of New Canaan, then the notice and objection provisions of §§ 12A-5, 12A-6, 12A-7 and 12A-9 of this ordinance shall not be applicable. Any such determination shall be valid for three years. If the Committee determines that the structure is of historical, architectural or cultural significance to the Town of New Canaan, then such notice and objection provisions shall be applicable.
