Town of Randolph, MA
Norfolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Randolph 4-20-1999 ATM by Art. 8, approved 8-23-1999; amended 6-17-2002 STM by Art. 2, approved 10-3-2002. Subsequent amendments noted where applicable.]
Building construction — See Ch. 83.
Property maintenance — See Ch. 147.
Fines — See Ch. 301.
This ordinance is adopted for the purpose of preserving and protecting significant buildings within the Town of Randolph which reflect or constitute distinctive features of the cultural, architectural, economic, political or social history of the Town and to encourage the preservation and restoration rather than the demolition of such buildings.
As used in this chapter, the following terms shall have the meanings indicated:
Any combination of materials forming a shelter for persons, animals, or property.
The Randolph Building Commissioners.
The Randolph Historical Commission.
Any act of pulling down, destroying, removing, or razing a building or any portion thereof, or commencing the work of total or substantial destruction with the intent of completing the same.
A process of ongoing damage to the materials, viability and/or functionability of a building leading towards and/or causing its eventual demolition due to decay and/or structural failure and/or severe degradation over a period of time as a result of a general lack of maintenance, and/or failure to secure the building from pests or vandals, and/or failure to take reasonable measures to prevent the ingress of water, snow, ice, and wind through the roof, walls, or apertures. This definition to apply to buildings that meet one (1) or more of the following criteria: Municipal Building; Listed as part of a Local Historic District, a National Register or National Register eligible property, or listed on a Form A or B in the Massachusetts Cultural Resource Inventory Survey (MACRIS).
[Added 5-26-2009 ATM by Art. 31]
The permit issued by the Building Commissioner as required by State Building Code, for the demolition or removal of a building or structure. This permit must also indicate the location of the facility at which the debris is to be disposed.
Any building or portion thereof which is one hundred (100) years old or over and is not included in a historic district but which:
Is listed on, or is within an area listed on, the National Register of Historic Places, or is the subject of a pending application for listing on said National Register; or
Is included in the Cultural Resources Inventory prepared by the Commission including those buildings listed for which completed surveys may be pending; or
Has been determined by a vote of the Commission to be historically or architecturally significant in terms of period, style, method of building construction, or association with a famous architect, builder, person or event provided that the owner of such a building and the Building Commissioner have been notified, in hand or by certified mail, within ten (10) days of such vote.
Prior to application for a demolition permit of any building in the Town that is one hundred (100) years old or older, applicant should apply to the Historical Commission for a determination of whether such building is a Significant Building. A list of one hundred (100) years old or older buildings shall be maintained at the offices of both the Building Commissioner and the Historical Commission. No demolition permit shall be issued for such a property without the determination specified herein, except as noted below.
After the Commission has received a copy of the application for a determination of historical significance, it shall within twenty (20) days submit a preliminary recommendation regarding the granting of a demolition permit. If the commission issues a recommendation in favor of granting such a permit, an application may be filed with the Building Commissioner for the granting of such a permit, no permit shall be issued until a more thorough investigation and a public hearing is undertaken and a final recommendation is made by the Commission. Such investigation, public hearing and recommendation shall be completed within forty-five (45) days of the original submission to the Commission.
After the Commission issues a preliminary recommendation in opposition to the granting of a permit for demolition, the Commission shall fix a time for the hearing no more than thirty (30) days from the issuance of the preliminary recommendation and shall give public notice thereof by publishing notice of the time, place, and purpose of the hearing, in a local newspaper at least fourteen (14) days before said hearing, and also, within seven (7) days of said hearing, by mailing a copy of said notice to the applicant, to the owners of all property within a three-hundred-foot radius of subject property as they appear on the most recent local tax list and to other such persons as the Commission shall deem entitled to notice.
If, after such hearing, the Commission determines that the demolition of the Significant Building would not be detrimental to the historical heritage or resources of the Town, the Commission shall so notify the Building Commissioner with ten (10) days of such determination. Upon receipt of such notification, or after the expiration of fifteen (15) days from the date of the conduct of the public hearing if notification from the Commission has not been received, the Building Commissioner may, subject to the requirements of the State Building Code and any other applicable law, ordinances, rules and regulations, issue the demolition permit.
If the Commission determines that the Significant Building would be detrimental to the historical heritage or resources of the Town, such building shall be considered a "preferably-preserved significant building."
Upon determination by the Commission that the Significant Building which is the subject of the application for a demolition permit is a preferably-preserved significant building, the Commission shall so advise the applicant and the Building Commissioner, and no demolition permit may be issued for at least six (6) months after the date of such determination by the Commission.
Notwithstanding Subsection F preceding, the Building Commissioner may issue a demolition permit for a preferably-preserved significant building at any time after receipt of written advice from the Commission to the effect that either:
The Commission is satisfied that there is no reasonable likelihood that either the owner or some other person or group is willing to purchase for fair market value, to preserve, rehabilitate, or restore such building, or
The Commission is satisfied that for at least six (6) months the owner has made continuing, bona fide and reasonable efforts to locate a purchaser to preserve, rehabilitate and restore the subject building, and that such efforts have been unsuccessful.
If the Commission determines that a vacant building appears to suffer from deterioration and meets the definition of "demolition by neglect" stated in § 87-2, the Commission shall so notify the owner of the property by certified mail.
The property owner shall have thirty (30) days to respond in writing to the Commission and submit a plan for securing the building from further risk of loss or damage.
Upon submission of the plan for securing the building, the owner shall perform the actions described in the plan no later than thirty (30) days after submission of the plan, with completion to be within a reasonable time to be determined by the Commission and the owner.
If the property owner fails to carry out the plan described in § 87-4C above, the Commission shall deem the building to be at risk of demolition by neglect and shall refer the violation to the Code Management Task Force for further action.
Failure to respond to the Commission's notification shall result in the property being referred to the Town's Code Management Task Force for further action.
Notwithstanding the foregoing sections of this Chapter 87, these provisions shall not apply to any building or structure located within a local historic district and subject to regulation under the provisions of MGL c. 40C and any ordinances regulating historic districts in the Town of Randolph.
The Commission and Building Commissioner are each authorized to institute any and all proceedings in law or equity as they deem necessary and appropriate to obtain compliance with the requirements of this ordinance, or to prevent the violation thereof.
Whoever violates any provisions of this ordinance shall be punishable by a fine in accordance with the fine schedule for each such violation.[1] Each day during which a violation exists shall constitute a separate offense.
Editor's Note: See Ch. 301, Fines.
No building permit shall be issued with respect to any premises upon which a Significant Building has been voluntarily demolished in violation of this ordinance for a period of three (3) years after the date of completion of such demolition. As used herein, "premises" includes the parcel of land upon which the demolished significant building was located.
The provisions of sub-section B above shall not apply to those buildings or structures that were demolished due to fire, storm or other natural disaster, provided that said fire damage was not the result of arson or other intentional destruction by the owner as determined by the Fire Chief or his designee or State Fire Marshal.
Any person aggrieved by the determination of the Commission, may within twenty (20) days after the filing of the notice of such determination with the Building Commissioner, appeal to the Superior Court for Norfolk County.
If any section, paragraph, or part of this ordinance is for any reason declared invalid or unconstitutional by any court, every other section, paragraph and part shall continue in full force and effect.