The Commission shall be organized in accordance
with the applicable Statute of the State of Connecticut (Sec. 7-147c)
and the enabling ordinance-Borough of Newtown Historic District of
the Borough of Newtown.
A.
There shall be appointed by the Board of Burgesses
of the Borough of Newtown an Historic District Commission (hereinafter
referred to as Commission) consisting of five regular members and
three alternate members. The Board of Burgesses shall designate one
regular member to serve until July 8 of each of the years 1997, 1998,
1999, 2000, 2001 and three alternate members to serve until July 8
of each of the years of 1997, 1998, and 1999. Thereafter, each year
the Board of Burgesses shall appoint a regular member for a five-year
term to begin on July 9 of that year. and an alternate member for
a five year term to begin on July 9 of that year.
B.
Vacancies shall be filled for the unexpired term and
in the same manner as the original appointment.
C.
Alternate members, when seated, shall have all powers
and duties of a regular member of the Commission.
D.
The Board of Burgesses shall have the authority to
remove a Commission member for cause, which, among other things, will
include the failure to attend Commission meetings on a regular basis.
The Chairperson of the Commission shall inform the Warden and the
Board of Burgesses regarding a regular Commission member's failure
to attend six regular monthly meetings of the Commission in a year.
E.
Any member who shall cease to possess any of the statutory
or ordinance qualifications required by law shall forthwith forfeit
his or her office.
A.
The Commission, by a majority of its membership, shall
elect annually a chairperson, a vice chairperson and a clerk/secretary
from its own members. The first election shall occur at the first
organizational meeting of the Commission and the elected chairperson,
vice chairperson and clerk/secretary shall hold their offices until
July 1997, where thereafter annual elections at each July monthly
meeting will commence.
B.
The Chairperson shall preside at all meetings and
hearings of the Commission and shall have the duties normally conferred
by parliamentary usage of such affairs. The Chairperson shall have
the authority to appoint committees, call special meetings and generally
perform other duties as may be prescribed in these rules.
C.
The Vice-Chairperson shall perform the duties of the
Chairperson in the absence or incapacity of the Chairperson; the Vice
Chairperson shall perform such duties as are imposed on the Chairperson
until such time as the Commission shall select a new Chairperson.
D.
The Clerk/Secretary shall keep the records of the
Commission, act as Clerk/Secretary to the meetings of the Commission,
keep minutes and records of the Commission, provide notice of all
meetings to all Commission members, and perform those duties normally
carried out by a Clerk/Secretary. The Clerk/Secretary shall also act
as Treasurer if applicable.
E.
The Commission shall keep a permanent record of its
resolutions, transactions and determinations and of the vote of each
member participating therein.
F.
The officers of the Commission shall perform such
additional duties and functions as may from time to time be required
by the Rules and Regulations of the Commission.
G.
Should the office of Chairperson, Vice Chairperson,
or Clerk/Secretary become vacant, the Commission shall elect a successor
at a regular or special meeting, and such election shall be for the
unexpired term of said office.
H.
Any member may, upon proper order, process Applications
for a Certificate of Appropriateness for review and approval of the
Commission, arrange proper and legal advertisements and warnings of
public hearings, perform such duties as are duly authorized by law
and agreed to by majority of the sitting Commission members.
I.
In the absence of the Chairperson and Vice-Chairperson,
the regular Commissioners present shall elect a Chairperson pro tem.
A.
Alternates to the regular commissioners shall be appointed
on as close to a rotating basis as possible so that they shall act
as nearly an equal number of times as possible. When any alternate
is not available in accordance with the rotation schedule, such fact
shall be recorded in the minutes of the meeting. Alternates shall
be appointed by the acting Chairperson at the Meeting.
B.
Alternate members when appointed, shall have all powers
and duties of a regular member of the Commission.
C.
Alternates may serve on any committees.
Committees will be appointed and dissolved as
needs and projects require. Membership will be at the discretion of
the Commission.
A.
The members of the Commission shall serve without
compensation, but shall be reimbursed for their necessary and reasonable
expenses in the performance of their statutory duties.
B.
The Commission may accept grants and gifts, and incur
other reasonable expenses appropriate to the carrying on of its work,
subject to appropriation by the Board of Burgesses or receipt of such
grants or gifts.
C.
The Commission may open bank accounts, checking accounts,
and transact financial business when necessary within the scope of
the law.
A.
The Historic District Commission shall have the right
to modify the Rules and Regulations contained herein as they deem
necessary to improve the workability, as well as effectiveness of
said Rules and Regulations.
B.
Changes shall conform to limits as prescribed and
as amended in municipality and State regulations previously herein
referred to.
C.
Proposed changes shall be submitted to public hearing
prior to adoption by majority vote of the Historic District Commission.
Within 60 days after adoption of rules, regulations
and amendments thereto, the Commission shall make reasonable efforts
to distribute copies to all property owners within the Historic District,
the Building Inspector, the clerks of the Borough and Town, the Warden,
the Board of Burgesses and the First Selectman of the Town of Newtown.
A.
The Building Inspector, Borough Attorney, and any
Commissioner, or any other lawful official shall enforce the Regulations
and orders of the Commission.
B.
The enforcement officer shall require in writing the
remedy of any condition that is found to be in violation of these
regulations. The written order shall state the violation and advise
the individual of the Commission's designated completion date to remedy
such violation. Such time limit may be determined by the Commission
in conjunction with the enforcement officer, and may be extended by
the Commission after meeting with the responsible party and reviewing
the circumstances of the violation. It is the intent of this provision
to allow appropriate time for violation correction due to weather
and/or building trades person or material problems and not to permit
in action due to procrastination.
C.
The enforcement officer shall be authorized to inspect
and examine any building, structure, place or premise for violations
of these regulations as per the Connecticut General Statutes, Section
7-147h, as amended.
D.
Failure to correct such a violation in an appropriate
amount of time, as outlined above, shall result in the Commission
causing action to be instituted in the Superior Court as stipulated
by the Connecticut General Statutes, Section 7-147h, as amended. Such
action shall include pursual of a fine of 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 not more than $250 dollars for each day that such violation
continues. Each day that 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 responsible
attorney's fees, 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 municipality in which the district is situated.
(Connecticut General Statutes, Section 7-147(b), as amended.)
E.
Should the enforcing officers fail to act in a timely
fashion upon the written request of the Commission to enforce a specific
violation, the Commission may retain independent counsel to seek appropriate
action.
Any person or persons severally or jointly aggrieved
by any decision of the Commission or of any officer thereof may, within
15 days from the date when such decision was rendered, take an appeal
to the Superior Court in accordance with General Statutes Section
7-147i. Notice of such appeal shall be given by leaving a true and
attested copy thereof in the hands of or at the usual place of abode
of the Chairperson or Secretary of the Commission within 12 days before
the return date to which such appeal has been taken.
A.
Notice of the date of such hearings shall be mailed
to the applicant not more than 15 days or less than five days before
the set date for the hearing. The Commission shall cause a notice
of the hearing to be published in a newspaper, under Legal Notices,
having circulation in the Town of Newtown not more than 15 days or
less than five days before the date set for the public hearing.
B.
Such notice shall contain the name of the applicant,
the property affected and the date, time, and place of the meeting.
