[HISTORY: Adopted by the Town of Ridgefield 3-4-2020. Amendments
noted where applicable.]
[Added 12-7-2022]
The purpose of this chapter is to authorize the Town of Ridgefield,
as allowed by C.G.S. § 29-406(b), 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 chapter is to promote the cultural, economic, educational
aspects and general welfare of the Town of Ridgefield by establishing
a process whereby the owners of buildings with significant historical,
architectural or cultural characteristics will be informed of the
benefits of historic preservation, rehabilitation and reuse of such
buildings and structures. The waiting period will provide time for
all interested parties to consider and put forth alternatives to demolition.
For the purposes of this chapter, the following words, terms
and phrases, when used in this chapter, shall have the meanings ascribed
to them in this section, except where the context clearly indicates
a different meaning:
Any person or entity who files an application with the Town
of Ridgefield for a demolition permit.
Any structure built for the support, shelter or enclosure
of persons, animals, chattels or property of any kind.
Any wrecking activity directed to the disassembling, dismantling,
dismembering of any structure or building.
An assembly of materials above or below ground level forming
a construction for occupancy or other use.
A.
Except as specifically exempted under the Connecticut State Building
Code, including Section 105.2 thereof, permits are required pursuant
to Chapter 541, Part IV, of the Connecticut General Statutes Demolition
Code, which provides that:
[Amended 12-7-2022]
(1)
No person, firm, corporation or other entity shall demolish any building,
structure or part thereof without first obtaining a permit from the
Building Department.
B.
The permit application shall include the following:
(1)
The common name, if any, and actual street address of the building
or structure to be demolished.
(2)
Tax Assessor's map and lot identification.
(3)
The name, address and telephone number of the owner of the building
or structure to be demolished.
(4)
If the property is located within the Ridgefield historic districts,
an issued certificate of appropriateness from the Ridgefield Historic
District Commission.
(5)
Inspection report indicating the presence of or absence of asbestos.
(6)
A copy of the notification to the State of Connecticut Department
of Public Health if asbestos is found present.
(7)
The applicant shall also provide documentation that it is in compliance
with Connecticut General Statutes Chapter 541, § 29-402,
License for demolition business; application; fees; refusal or revocation.
Exemptions, and § 29-406, Permit for demolition of particular
structure. Exemption. Waiting period.
(8)
As required by Chapter 541 of the Connecticut General Statutes § 29-407,
Notice(s) of intent to demolish a structure letter to the adjoining
property owners. A copy of the letter and postal receipt to be presented
with application.
[Amended 12-7-2022]
(9)
Notice of intent to demolish a structure letter mailed registered
or certified to the Ridgefield Historic District Commission. A copy
of the letter and postal receipt to be presented with application.
[Amended 12-7-2022]
(10)
Notice of intent to demolish a structure letter mailed registered
or certified to the Ridgefield Historical Society. A copy of the letter
and postal receipt to be presented with application.
[Amended 12-7-2022]
(11)
Notice
of Intent to Demolish A Structure letter mailed Registered or Certified
to the Ridgefield Architectural Advisory Committee/Village District
Consultant. A copy of the letter and postal receipt to be presented
with application.
[Added 12-7-2022[1]]
[1]
Editor's Note: This amendment also redesignated former Subsection
B(11) as Subsection B(12).
(12)
Notice of intent to demolish a structure letter mailed registered
or certified to the Town Clerk and posted in the Town Clerk's office.
A copy of the letter and postal receipt to be presented with application.
[Amended 12-7-2022]
(13)
Notice of Intent to Demolish A Structure letter mailed Registered
or Certified to the First Selectman. A copy of the letter and postal
receipt to be presented with the application.
[Added 12-7-2022]
(14)
Notice of Intent to Demolish A Structure letter mailed Registered
or Certified to any Ridgefield Taxpayer who has registered with the
Town Building Official to receive notices filed pursuant to this chapter.
A copy of the letter and postal receipt to be presented with application.
[Added 12-7-2022]
C.
If the applicant is not the owner of the premises upon which the
building or structure is situated, the owner must sign an authorization
letter authorizing an applicant to proceed with the work on their
behalf. If said applicant is not the demolition license certificate
holder, then an additional letter of authorization shall be required
for said individual.
A.
Recipients of notice.
(1)
As required by § 136-2A, the applicant desiring to perform such demolition shall provide a notice of intent to demolish a structure, via registered or certified mail to the following recipients:
(2)
The registered or certified mail receipts shall be submitted to the
Building Department at the time of the application.
B.
The Notice
of Intent to Demolish a Structure letter shall contain at least the
following information:
[Amended 12-7-2022]
C.
Publication requirement. Applicant shall publish a "Notice of Intent to Demolish" in a newspaper and an internet published newsletter having substantial circulation in the Town. Such notice shall include the information required in § 136-3B and shall state that an application for a permit to demolish has been filed in the Office of the Town Building Official, the date of the filing and that such application is currently pending and available for public inspection. The notice shall be published within 10 days following the filing of the demolition permit application.
[Added 12-7-2022]
D.
Posting requirement. Within seven days following the filing of the
demolition permit application. Applicant shall post in a conspicuous
location on the property of which the building or structure is situated
a sign at least 24 inches by 36 inches in size, visible from the nearest
public or private street. Such sign shall include a copy of the notice
of intent to demolish and shall contain the word "DEMOLITION" in capital
letters in no less than two inches in height. If there is more than
one building or structure proposed for demolition, one sign shall
be posted with respect to each building or structure. All signs required
hereunder shall remain posted on the property for 30 days. If the
permit is issued, the sign shall remain posted on the property until
the completion of all demolition activities authorized by the permit.
[Added 12-7-2022]
[Amended 12-7-2022]
A.
With respect to any application to demolish any building, structure
or part thereof that is at least 50 years old or older, or is otherwise
historically, architecturally or culturally significant, if a written
objection to the issuance of the demolition permit together with the
written support for such objection from either the Ridgefield Historic
District Commission or the Ridgefield Historical Society is filed
with the Building Department via Registered or Certified mail by any
concerned citizen, individual, firm, corporation, organization or
other entity within 30 days following the date of public notice in
the newspaper, the Chief Building Official, or his/her designee, shall
delay the issuance of the permit for a period of 90 days from the
date of the published public notice. If no objection to the demolition
of the subject building, structure or part thereof is filed within
30 days of the date of the public notice in the newspaper, the Chief
Building Official may issue the permit forthwith.
B.
The ninety-day delay period is intended to provide an objecting party
a reasonable period of time to further investigate the historical
background and preservation benefit of the structure and to communicate
with the property owner possible alternatives to the demolition of
the structure. Written objections shall be based solely upon whether
the proposed building or structure to be demolished meets the criteria
of age and/or is historically, architecturally or culturally significant
to the Town of Ridgefield and such written objections from an objecting
party must be accompanied by the written concurrence to the objection
by either the Ridgefield Historic District Commission or the Ridgefield
Historical Society.
C.
Notwithstanding the foregoing provisions, within 30 days following
the publication of the legal notice, the Building Official may, with
the written approval of the Ridgefield Historic District Commission
and the Ridgefield Historical Society, make a written finding that
the building or structure which is proposed to be demolished is not
of an age, style, location, condition or character that is of historical,
architectural or cultural significance to the Town of Ridgefield.
Upon such finding, the Building Official may waive the provision of
this chapter requiring delay in the issuance of the demolition permit.
D.
Notwithstanding the foregoing provisions of this chapter, the issuance of a demolition permit shall not be delayed more than 90 days from the date an initial objection is filed to the issuance of a permit under Subsection A above.
E.
Notwithstanding the foregoing provisions, after 40 days following
the publication of the legal notice, the applicant may request in
writing that the Building Official confer with the objecting party
to determine whether the ninety-day delay period may be terminated
at an earlier date. Such applicant request for early termination of
the ninety-day delay period shall state the reasons for such request.
F.
During the waiting period referred to in this section, the applicant
shall take no action toward demolition of the building, structure
or part thereof, including, but not limited to, site remediation and
asbestos abatement. Throughout the demolition delay period imposed
under this chapter, the owner of record shall be required to secure
and maintain the building or structure in a manner that minimizes
the risk of water penetration, vandalism, fire or other significant
damage. Partial demolition including the removal of windows, doors,
roofing or any other building material is expressly prohibited during
the demolition delay period. The provisions of this subsection shall
not apply in the event that the Chief Building Official determines
that compliance with the subsection would result in a danger to public
health.
G.
Notwithstanding the provisions of this § 136-4, if a building or structure is subject to oversight by the Ridgefield Historic District Commission under the authority granted by C.G.S. § 7-147 and Town Ordinance Chapter 208, the requirements of those sections, including receipt of a Certificate of Appropriateness approving the demolition of such building or structure from the Ridgefield Historic District Commission, must be met before the Building Official may issue a demolition permit and the Building Official may not waive any provisions of this chapter.
A.
The Building Official is authorized to institute any and all actions
or proceedings, in law or in equity, as he/she may deem necessary
and appropriate to obtain compliance with the requirements of this
chapter or to prevent a threatened violation thereof.
B.
During the application processing period and during the demolition
delay period, if applicable, the owner shall take reasonable steps
to protect the building or structure to prevent deterioration.
C.
Any person failing to abide by the provisions of this chapter or
Connecticut General Statutes §§ 29-401 through 29-415
shall be fined the maximum amount allowed or imprisoned not more than
one year, or both, pursuant to Connecticut General Statutes § 29-414.
[Amended 12-7-2022]
(1)
In addition to such penalties and remedies provided by such law, any person violating § 136-4F of this chapter, with respect to the demolition or partial demolition of a structure which is subject to a continuing demolition delay waiting period will be denied the issuance of any land use permits including but not limited to zoning, building, health, wetlands, Department of Public Works, and water pollution control for one year from the date of the violation. This one-year denial of permit applies to all of the properties of any violating person and any entities under that person's common control or ownership. The restriction may only be lifted by action of the Board of Selectmen.
(2)
Violators will also be responsible for all costs and expenses associated
with enforcement and the collection of any civil penalties, which
shall include, but shall not be limited to, attorney fees, court costs,
mailing fees and filing fees.
A.
Emergency measures shall be taken and enforced pursuant to Connecticut
General Statutes § 29-252a, otherwise known as the currently
adopted building code.
