[HISTORY: Adopted by the Representative Town Meeting of the Town of Branford 11-13-1996; amended in its entirety 6-8-2005. Subsequent amendments noted where applicable.]
It is the purpose of this chapter to impose a waiting period of not more than 90 days before granting a permit for the demolition of any building or structure which is 500 square feet or larger and 75 years old or older in order to explore alternatives to demolition. Connecticut General Statutes Section 29-406 authorizes municipalities to approve a waiting period before granting any permit for the demolition of any building, structure or part thereof. The health, safety and welfare of the public will be served by imposing such a waiting period in order that buildings or structures with historical and social significance may be saved from demolition.
As used in this chapter, the following term(s) shall have the meanings indicated below:
- Any activity directed to disassembling, dismantling, dismembering or razing the exterior of any structure or building. 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.
No person, firm, corporation or other entity shall engage in the demolition of any building, structure, or any part thereof, without first obtaining a permit from the Building Department.
If the building, structure or part thereof to be demolished is 500 square feet in size or larger and less than 75 years old, certification of the age of the building or structure shall be obtained from the Assessor's records, Town Historian (or a duly authorized representative of the Branford Historical Society if the Town Historian is not available), or both, with the final determination of the building's or structure's age to be made by the Building Official. No such permit shall be issued until the applicant:
Complies with the provisions of the Connecticut General Statutes Section 29-406 as it may be amended from time to time.
Supplies the Building Department with a current certificate of registration for a Class A or Class B demolition license.
Supplies the Building Department with a current certificate of insurance evidencing liability coverage in an amount not less than the amounts set forth in Connecticut General Statutes Section 29-406, listing the Town of Branford as the certificate holder.
Supplies proof that real estate taxes have been paid.
Supplies authorized utility clearance letters of service disconnect from electricity, gas, water, sewer/septic, telephone and cable.
Supplies "Call before you dig" numbers, which must be received within 30 days prior to permit issuance.
Notifies all adjoining property owners by registered or certified mail, stating the intent of the demolition, and provides certified mail return receipts (green cards) to the Building Department.
Supplies the Building Department with a certificate from a licensed exterminator certifying that the building or structure to be demolished is free from rodent infestation.
Supplies evidence from state-licensed abatement contractors concerning the existence or nonexistence of asbestos and lead paint and, if necessary, provides an abatement plan for same.
If the building, structure or part thereof to be demolished is 500 square feet in size or larger and 75 years old or older, the applicant shall comply with the requirements of § 129-3B(1) through (9), with the addition of:
After a demolition permit application has been filed, and all fees have been collected, the owner or applicant shall post, within 10 days, a Building Department provided demolition notification sign, at the demolition site. The sign must remain posted for no less than 90 days or until the issuance of a demolition permit, whatever comes first, and be visible and readable from the street line.
The Building Department shall publish a legal notice of the application for a demolition permit in a daily or weekly newspaper having substantial circulation in the municipality. The notice shall be published following the filing of the demolition permit application. Such notice shall state the following: that an application has been filed for a demolition permit; the date of the filing of such application; the location of the property; the name of the owner of the property; and, unless written objection, stating the nature of the objection, is filed with the Building Official within 30 days of the publication of this legal notice, the permit may be issued after the expiration of such thirty-day period.
Within 10 days of the filing of a demolition permit application, provide by certified mail, return receipt required, a letter stating the date and the intent of the demolition application filed, to the Center Revitalization Review Board, the Economic Development Commission and the Branford Historical Society. In addition, notices shall be given to any other individual, firm, corporation, organization or other entity, which files with the Building Official a written request for such notice pursuant to Section 1-21 of the Connecticut General Statutes. Such registration must be renewed annually each January 1 following the initial registration. Within such period, notice shall be provided in like manner to the Connecticut Commission on Culture and Tourism.
Editor's Note: See now Section 1-225 of the Connecticut General Statutes.
Observe a thirty-day waiting period from the date of public notification, which shall be the date of publication as set forth in § 129-3C(2) above. If written objection stating the nature of the objection to the issuance of the demolition permit is filed by at least 10 property owners of the Town of Branford, or by a duly authorized representative of any organization that has as its members no less than 10 owners of real property located within the Town of Branford, the Building Official shall delay the issuance of the demolition permit for a period of 90 days from the date of said application. If no objection has been stated, the demolition permit may be issued.
All required documentation and approvals set forth in this chapter must be received within a ninety-calendar-day period from the date of said application.
Any application pending beyond a ninety-calendar-day period will be considered null and void.
The fee is based on the fair market value of the demolition work. The applicant for the demolition work shall pay a permit fee based on the following at the time the application is filed:
A processing fee will be collected for the publication of legal notice and distribution of demolition sign to be posted.
No permit shall be issued until all required fees and costs have been paid.
This chapter is intended to supplement and not to limit any requirements now or hereafter imposed by the Connecticut General Statutes and regulations adopted thereunder on any applicant for or recipient of a demolition permit or any authority now or hereafter granted to the Building Official by, including the authority of the Building Official to order a building demolished pursuant to, the Connecticut State Building Code.
Any persons failing to abide by the provisions of this chapter or Connecticut General Statutes Sections 29-401 through 29-415 shall be fined $1,000 or imprisoned not more than six months, or both, pursuant to Connecticut General Statutes Section 29-254a. All fines imposed shall be collected and made payable to the Town of Branford.