[HISTORY: Adopted by the Town Council of the Town of North Branford 8-20-1991
as Ord. No. 174. Amendments noted where applicable.]
This ordinance 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 the ordinance 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 ordinance shall not apply to:
A.
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.
Abatement of a public nuisance as a remedy of last resort
because of public necessity and emergency.
C.
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 ordinance, the following terms shall have the meanings
indicated:
- DEMOLITION
- 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.
- HISTORIC PROPERTY
- 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/her use in the implementation of this ordinance.
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 ordinance.
If the Building Official or the Town of North Branford determines that the
proposed demolition is subject to this ordinance, the Building Official shall
inform the applicant, in writing, that a waiting period of ninety (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 (5) 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 ninety (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 (6) months after issuance of a permit, the Building
Official shall declare the permit null and void.
In addition to other penalties and remedies provided by law, each violation
of the provisions of this ordinance shall be punishable by a fine of not more
than one hundred dollars ($100.), with each day of such violation constituting
a separate violation.
