oxford old house law

8/7/2019 Oxford Old House Law

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CHAPTER 154: DEMOLITION OF HISTORIC BUILDINGS

Section154.01 Purposefi4.A2 Permit required154.03 Definitions154.04 Demolition requirements and procedures154.05 Buildings listed on the National or State Register of Historic Places154.06 Exception154.07 Expiration of Permit154.08 Effective date154.99 Penalty

$ r54.or PURPOSE.The purpose of this chapter is to provide public notice of the intent to demolish a building, structureor part thereof, more than 100 years old, and to impose a waiting period not to exceed 90 days in

accordance with Conn. Gen. Stat. $ 29-406(b) so that consideration may be given to the documentationand preservation of historical, architectural or culturally significant buildings in the town.(Ord. passed 8-1-2006)

$ 154.02 PERMIT REQUIRED.No person, firm, corporation, public agency or other entity ("the applicant") shall demolish abuilding, structure or part thereof located in the town that is larger than 500 square feet in total size and

was constructed more than 100 years prior to the date of the application for a demolition permit withoutfiling an application and obtaining a permit for the demolition from the Building Inspector of the town("the Building Inspector").(Orcl. passed 8-l-2006) Penalty, see $ 154.99

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$ 1s4.03 DEFINITIONS.

Oxford - Land Usage

For the purposes of this chapter, theindicates or requires a different meaning.

following definitions shall apply unless the context clearly

DEMOLITION. Removal, alteration and/or replacement of exterior walls. Including, but notIimited to, any part of proposed work that may impact the architecture and/or facade ofdwelling/structure.PART THEREOF. Fifty percent or more of a dwelling/strucfure more than 500 square feet in sizeincluding areas on ground level and above. Basement not to be considered in the calculation,STRUCTURE Anything that has been constructed/built.(Ord. passed 8-1-2006)

$ 154.04 DEMOLITION REQUIREMENTS AI\'ID PROCEDURES.The demolition of any building, structure or part thereof shall be subject to the followingrequirements and procedures in addition to the provisions of Conn. Gen. Stat. gg 29-4U through 29-415.(A) T'he applicant shall file an application for a demolition permit with the Building Inspector whichapplication shall include, in addition to any other information as may be required, the size and the ageof the building or structure to be demolished. Verification of both size and age shall be provided by theapplicant and shall be obtained from independent records such as the Town Tax Assessor's records.(B) All applications for demolition meeting the conditions of this chapter shall be submitted ro rhetown municipal historian and the Town Historical Society, Inc. for review within 15 days of theapplication.(C) Upon filing of the demolition permit application, the applicant shall post a "notice of intent todemolish" sign provided by the applicant and approved by the Town Buil


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Demolition of Historic Buildings

and that unless a pertinent written objection to the demolition is filed with the Building Inspector withinl5 days of the publication of the legal notice, the demolition permit may be issued after the expirationof the l5 days. The notice shall be published by the Building Inspector not later than 15 days after receiptof an application.

(F) The Building Inspector shall no laterthanthepublicationof the legal notice, mail acopy of thelegal notice to town municipalhistorian, the Town Historical Society, Inc. and to any organization, firm,corporation, society, public agency or individual who has requested notification by written noticedelivered to the Building Inspector. To be entitled to notification under this provision, any organization,firm, corporation, society, public agency or individual shall register with the Building Inspector andindicate a desire to be notified of demolition permit applications for historic or significant buildings orstructures. The notification request, shall be renewed annually each January I following the initialrequest, The Building Inspector shall maintain on file a list of names and addresses of all interestedparties who have requested notification.

(G) If the Building Inspector has received no pertinent written objection to the application within15 days following the publication of the legal notice, he or she may issue the demolition permit.Pertinent written objections shall state the architectural, historic or cultural importance of the subjectbuilding.(H) If the Building Inspector receives a pertinent written objection to the issuance of a demolitionpermit within 15 days following the publication of the legal notice, the Building Inspector shall delaythe issuance of a permit for a period of 90 days following the date of the filing of the demolition permitapplication. In the event that all written objections are withdrawn before the expiration of the 90-dayperiod, the Building Inspector may issue the demolition permit,(l) Notwithstanding the foregoing provisions, within 15 days following the publication of the legalnotice, the Building Inspector may, with the written approval of the town municipal historian and theTown Historical Society, Inc., make a written finding that the building which is proposed to bedemolished is not of an age, style, location, condition or character that is of historical, architectural orcultural significance to the town. Upon that finding, the Building Inspector may waive the provisions ofthis chapter requiring delay in the issuance of the demolition permit. If the Building Inspector receivesno written response from the town municipal historian or the Town Historical Society, Inc. within tendays of mailing the copy of the legal notice, approval shall be presumed. A written notice of waiver shallbe sent by first class mail on the day of the waiver determination to all interested parties as listed indivision (F) above. In the event of a waiver by the Building Inspector, a demolition permit may be issued

on the eighth day following the waiver determination provided that no appeal of the determination hasbeen taken to the Town Board of Selectmen ("the Board").(J) Any person aggrieved by the action of the Building Inspector in waiving these provisions mayappeal to the Board within seven days following the waiver determination, This provision shall notpreclude applicants from pursuing any other available means of appeal provided by the ConnecticutGeneral Statutes.'lhe Board shall have the power to overrule the waiver and may issue a stay of

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demolition for a period of 90 days from the date of the filing of the demolition permit application or mayuphold the waiver. In considering an appeal, the Board shall review the architectural, culrural andhistoric importance of the building. Any appeal shall be heard by the Board at its next regularlyscheduled meeting.(Ord. passed 8-1-2006)

$ T54.05 BLTLDINGS LISTED ON THE NATIONAL OR STATE REGISTER OF HISTORICPLACES.Notwithstanding the provisions of $ 154.04(I), if a building or structure listed on rhe National orState Register of Historic Places or located in a town historic district is proposed to be demolished, theBuilding Inspector may not waive any provisions of this chapter. The application for demolition shallbe referred to the State Historical Commission which may, under Conn. Gen. Stat, $ 7-147j(b), delay

demolition for 90 days from issuance of a demolition permit if during the time the State HistoricalCommission is attempting to find a purchaser who will retain or remove the building or who will presentsome other reasonable alternative to demolition.(Ord. passed 8-1-2006)$ 154.06 EXCETTION.

The provisions of this chapter shall not apply to any demolition ordered by the Building Inspectorbecause of an emergency or threat to public health and/or safety,(Ord. passed 8-1-2006)

$ 154.07 EXPIRATION OF PERMIT.Any permit issued under this chapter shall become invalid if the authorized demolition work is notcompleted within six months after issuance of the permit.(Ord. passed 8-l-2006)

$ 154.08 EFFECTM DATE.The effective date of this chapter shall be August l, 2006.(Ord. passed 8-1-2006)


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$ 154.99 PENALTY.Pursuant to Conn. Gen. Stat. g 29-414, failure of any person, firm, corporation, public agency or

other entity to eomply with this chapter may result in a fine of not more than $5ffi or imprisonment ofnot more than a year or both.(Ord. passed 8-l-2006)

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