[HISTORY: Adopted by the Town Council of
the Town of Tolland 10-8-1991 by Ord. No. 48. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 170.
It is the purpose of this chapter, through the
establishment herein of the Tolland Green Historic District, to preserve
and protect the distinctive characteristics and appearance of the
Tolland Green and of the buildings which surround it while respecting
the rights and wishes of those who own property within the district.
It is the intent of this chapter that the requirements set forth herein
be construed with these purposes in mind and be administered with
common sense.
The Tolland Green Historic District shall consist
of the area shown on the map attached hereto as "Boundaries of the
District."[1] It includes the properties described in the report of
the Historic District Study Committee as well as the historic Tolland
Green itself. The boundaries of the Historic District shall include
the properties described to a depth of 300 feet or to the rear property
line, whichever is less.
[1]
Editor's Note: The map and boundary description
are on file in the Town offices.
A.
Membership. There is hereby established an Historic
District Commission. The Commission shall consist of five members
and three alternate members, all of whom shall be electors of the
Town holding no salaried Town office. At least one of the regular
members and one of the alternate members shall be residents of the
Historic District if there are such residents willing to serve. In
addition, at least one other regular member shall be either a resident
of the district or shall be an officer, director or other representative
of a nonresidential private property owner within the district. The
members of the Commission shall be appointed by the Town Council,
and the regular members shall be appointed in such a manner that the
term of one member shall expire each year from the effective date
of this chapter establishing the Commission; and the Town Council
shall also appoint three alternate members to the Commission, whose
terms shall expire three years, two years and one year from said effective
date. Thereafter, the Town Council shall appoint successors to regular
and alternate members to terms of five years, except that an appointment
to fill a vacancy shall be for the duration of the unexpired term
of a regular or alternate member.
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Any member or alternate may be appointed for
another term or terms. All members shall serve without compensation.
Each member and alternate member shall continue in office until his
successor is duly appointed.
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B.
Powers and duties. The Commission shall have the following
powers and duties:
(1)
To hear and decide applications for certificates of
appropriateness.
(2)
To hear and decide applications to vary or modify
strict adherence to the requirements of this chapter.
(3)
To designate application forms and procedure and to
set an application fee not to exceed the costs of publication of necessary
legal notices.
(4)
To make periodic reports to the legislative body.
(5)
To provide information to property owners and others
involving the preservation of the district.
(6)
To suggest pertinent legislation.
(7)
To initiate planning and zoning proposals.
(8)
To cooperate with other regulatory agencies and civic
organizations and groups interested in historic preservation.
(9)
To comment on all applications for zoning variances
and special exceptions where they affect historic districts.
(10)
To render advice only on sidewalk construction and
repair, tree planting, street improvements, storm drainage devices,
curbs, street parking and traffic flow.
(11)
To furnish information and advisory assistance in
connection with any capital improvements program involving the Historic
District that is not otherwise subject to this chapter.
(12)
To consult with groups of experts.
(13)
To exercise any other powers granted to historic district
commissions pursuant to the Connecticut General Statutes, § 7-147a
through 7-147k, not inconsistent with the terms of this chapter.
A.
No building or structure shall be erected, altered,
restored, moved or demolished within the Tolland Green Historic District
until after an application for a certificate of appropriateness as
to exterior architectural features has been submitted to the Commission
and approved by said Commission. "Exterior architectural features"
shall include such portion of the exterior of a structure as is open
to view from a public street. For the purposes of this chapter, exterior
architectural features which are located on the side or to the rear
of buildings or structures and are only incidentally visible from
a public street shall not be considered "open to view." No industrial,
commercial, business or home industry or occupation parking areas
shall be newly created without a certificate of appropriateness from
the Commission. The style, material, size and location of permanent
outdoor signs, fences, monuments, flagpoles and streetlighting within
the Tolland Green Historic District shall also be under the review
of the Commission. The provisions of this section shall not be construed
to extend to the color of paint used on the exterior of any building
or structure or to temporary structures, tents or signs placed on
the Green in conjunction with events or activities sanctioned by the
Town Council.
B.
The Commission shall hold a public hearing upon each
application for a certificate of appropriateness unless the Commission
determines that such application involves items not subject to approval
by the Commission. The Commission shall fix a reasonable time and
place for such hearing. Notice of the time and place of such hearing
shall be given by publication in the form of a legal advertisement
appearing in a newspaper having a substantial circulation in the municipality
not more than 15 days nor less than five days before such hearing.
C.
A majority of the members of the Commission shall
constitute a quorum, and the concurring vote of a majority of the
members of the Commission shall be necessary to issue a certificate
of appropriateness. Within not more than 65 days after the filing
of an application, the Commission shall pass upon such application
and shall give written notice of its decision to the applicant. When
a certificate of appropriateness is denied, the Commission shall place
upon its records and in the notice to the applicant the reasons for
its determination, which shall include the basis for its conclusion
that the proposed activity would not be appropriate. In the notice
to the applicant, the Commission may make recommendations relative
to design, arrangement, texture, material and similar features. The
Commission may issue a certificate of appropriateness with stipulations.
Evidence of approval shall be by certificate of appropriateness issued
by the Commission. Failure of the Commission to act within said 65
days shall constitute approval, and no other evidence of approval
shall be needed.
A.
No certificate of appropriateness need be issued for
alterations or structures which are of such a minor nature as to not
significantly impact the building involved or the district. Such minor
items shall, at a minimum, include the following list, which may be
added to by the Commission from time to time.
B.
In reviewing applications for certificates of appropriateness,
the Commission shall not disapprove modern materials or methods of
construction so long as the final result remains visually appropriate
and does not unduly obscure architectural detail. In that the Tolland
Green contains a mixture of buildings from different periods in history,
the Commission shall consider the age and character of the individual
building involved. In passing on appropriateness as to exterior architectural
features, buildings or structures, the Commission shall consider,
in addition to other pertinent factors, the type and style of exterior
windows, doors, light fixtures, signs, aboveground utility structures,
mechanical appurtenances and the type and texture of building materials.
In passing upon appropriateness as to exterior architectural features,
the Commission shall also consider, in addition to any other pertinent
factors, the historical and architectural value and significance,
architectural style, scale, general design, arrangement, texture and
material of the architectural features involved and the relationship
thereof to the exterior architectural style and pertinent features
of other buildings and structures in the immediate neighborhood. No
application for a certificate of appropriateness for an exterior architectural
feature, such as a solar energy system, designed for the utilization
of renewable resources shall be denied unless the Commission finds
that the feature cannot be installed without substantially impairing
the historic character and appearance of the district. A certificate
of appropriateness for such a feature may include stipulations requiring
design modifications and limitations on the location of the feature
which do not significantly impair its effectiveness. In passing upon
appropriateness as to parking that is under its jurisdiction, the
Commission shall take into consideration the size of such parking
area, the visibility of cars parked therein, the closeness of such
area to adjacent buildings and other similar factors. In passing upon
a demolition request, the Commission shall consider the historical
significance of the building or structure involved, its relationship
to the district as a whole and whether its importance is outweighed
by public health and safety concerns.
C.
In its deliberations, the Commission shall act only
for the purpose of controlling the erection, demolition or alteration
of buildings, structures or parking which are incongruous with the
historic or architectural aspects of the district. The Commission
shall not consider interior arrangement or use.
D.
Nothing in this chapter shall be construed to prevent
the ordinary maintenance or repair of any exterior feature in the
Tolland Green Historic District which does not involve a change of
design thereof nor prevent the construction, reconstruction, alteration
or demolition of any such feature which the Building Inspector certifies
is required by the public safety because of an unsafe or dangerous
condition or under a permit issued by the Building Inspector prior
to the effective date of establishment of the district.
Where, by reason of topographical conditions,
district borderline situations or because of other unusual circumstances
solely with respect to a certain parcel of land and not affecting
generally the district in which it is situated, the strict application
of any provision of this chapter would result in exceptional practical
difficulty or undue hardship upon the owner of any specific property,
the Commission, in passing upon the applications, shall have power
to vary or modify strict adherence to said sections or to interpret
the meaning of said sections so as to relieve such difficulty or hardship,
provided that such variance modification or interpretation shall remain
in harmony with the general purpose and intent of said sections so
that the general character of the district shall be conserved and
substantial justice done. In granting variations, the Commission may
impose such reasonable and additional stipulations and conditions
as will, in its judgment, better fulfill the purposes of said sections.
The Commission shall, for each variation granted, place upon its records
and in the notice to the applicant the reasons for its determinations.
A.
If any action taken or ruling made by the Commission
or any part of this chapter has been violated, the Commission may,
in addition to other remedies, institute an action in the Superior
Court for the judicial district of Tolland, which Court shall have
jurisdiction to restrain such violation and to issue orders directing
that the violation be corrected or removed. Such order may direct
the removal of any building, structure or exterior architectural feature
erected in violation of said sections or any bylaw or ordinance adopted
under said sections or the substantial restoration of any building,
structure or exterior architectural feature altered or demolished
in violation of this chapter. This chapter shall be enforced by an
enforcement official, who is hereby authorized to inspect and examine
any building, structure, place or premises and to require, in writing,
the remedying of any condition found to exist therein or thereon in
violation of any provision of this chapter. The enforcement official
shall be appointed by the Commission and shall serve at its pleasure.
In clear cases where no Commission action is necessary, he is authorized
to waive application to the Commission for such ruling.
B.
The owner or agent of any building, structure or place
where a violation of any provision of this chapter or of any regulation
or ordinance adopted under said sections has been committed or exists,
or the lessee or tenant of an entire building, entire structure or
place where such violation has been committed or exists, or the owner,
agent, lessee or tenant of any part of the building, structure or
place in which such violation has been committed or exists, or the
agent, architect, builder, contractor or any other person who commits,
takes part or assists in any such violation or who maintains any building,
structure or place in which any such violation exists, shall be fined
not less than $10 nor more than $100 for each day that such violation
continues; but if the offense is willful, the person convicted thereof
shall be fined not less than $100 nor more than $250 for each day
that such violation continues. The Superior Court for the Judicial
District of Tolland shall have jurisdiction of any such offenses,
subject to appeal as in other cases. Each day that a violation continues
to exist shall constitute a separate offense. All costs, fees and
expenses in connection with actions under this section may, in the
discretion of the Court, be assessed as damages against the violator,
which, together with reasonable attorney's fees, may be awarded to
the Commission. Any funds collected as fines pursuant to this section
shall be used by the Commission to restore the affected buildings,
structures or places to their condition prior to the violation wherever
possible, and any excess shall be paid to the Town of Tolland.
Any person or persons severally or jointly aggrieved
by any decision of the Commission may, within 15 days from the date
such decision was rendered, take an appeal to the superior court in
accordance with Connecticut General Statutes, § 7-147i,
as it may be amended.
