[HISTORY: Adopted by the City Council of
the City of Northampton 4-21-2005 (Ch. 28 of the 1977 Code). Amendments noted where applicable.]
A.
This chapter is enacted for the purpose of protecting
and preserving significant buildings and structures in the City of
Northampton that constitute or reflect distinctive features of the
architectural, cultural, economic, political, and/or social history
of the City and to encourage preservation of these resources by identifying
alternatives to demolition through communication and collaboration.
B.
To achieve these purposes, the Northampton Historical
Commission is authorized to advise the City of Northampton's Building
Commissioner with respect to building permit applications that propose
activity that would result in total demolition of buildings or structures
regulated by this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person or entity that files an application for a building
permit that proposes total demolition of a building or structure.
If the applicant is not the owner of the premises upon which the building
is situated, the owner must assent in writing to the filing.
A building permit application that proposes total demolition
of a building or structure.
Any combination of materials forming a shelter for persons,
animals or property.
The person occupying the office of Building Commissioner
or otherwise authorized to issue building permits.
A day which could include a legal municipal holiday, Saturday
or Sunday. Notice, posting and review periods will be based on calendar
days, as opposed to business days.
The Northampton Historical Commission or its designee.
Any act of pulling down, destroying, removing, dismantling
or razing a building or structure that results in total demolition
of said building or structure.
The building permit issued by the Building Commissioner or
his/her designee as required by the State Building Code for total
demolition of a building or structure.
Any significant building or structure that the Commission,
following a public hearing determines to be in the public interest
to be preserved rather than demolished. A preferably preserved building
or structure is subject to the twelve-month demolition review period.
Any building or structure within the City which is a regulated
building or structure and which has been determined by the Commission
or its designee to be significant based on any of the following criteria:
The building or structure is listed on, or is
within an area listed on, the National Register of Historic Places;
or
The building or structure has been found eligible
by the National Park Service or the Massachusetts Historical Commission
for the National Register of Historic Places; and/or the Massachusetts
State Register of Historic Places, or has an application pending;
or
The building or structure is importantly associated
with one or more historic persons or events, or with the broad architectural,
cultural, political, economic or social history of the City or the
commonwealth; or
The building or structure is historically or
architecturally important, in terms of period, style, method of building
construction or association with a recognized architect or builder,
either by itself or in the context of a group of buildings.
Anything built with a fixed location on the ground, including,
but not limited to, a building, bridge, canal, dam, fort, tower, tunnel
or windmill.
[Amended 1-20-2011]
A.
Buildings and structures regulated by this chapter
are buildings or structures built in 1945 or earlier, determined to
be historically significant and preferably preserved by the Northampton
Historical Commission. Such regulated buildings or structures are
all of those built in 1900 and earlier, and all principal buildings
or principal structures (e.g., not including outbuildings, sheds,
accessory structures, or fences) built between 1901 and 1945. After
the initial age-based threshold determination, the Commission will
institute the public hearing process to ascertain if the historically
significant and preferably preserved criteria apply. At that time
the determination will be made whether or not to activate a review
period.
[Amended 3-5-2020 by Ord. No. 20.012]
B.
The age of the building and/or structure shall first
be determined by consulting the City's Form B Historic Inventory or,
if Form B's are not available, the Assessor's records or any other
documentation which the Building Commissioner determines to be adequate.
If the building and/or structure is of unknown age and might be a
regulated building or structure it shall be assumed to be a regulated
building or structure for the purposes of this chapter. Notwithstanding
any language to the contrary, this chapter only regulates building
permits that propose total demolition.
C.
Buildings or structures located within Local Historic Districts are subject to the provisions of Massachusetts General Laws Chapter 40C. Applications for demolition in such districts will be reviewed as part of the Historic District permitting process. Applications for demolition within the Central Business-Core District will be reviewed by the Central Business Architecture Committee (created by Chapter 156 of the Code). If any of the above-mentioned should cease to exist, the Northampton Historical Commission would administer this chapter in those areas. The Historical Commission will review demolition applications in all other areas of the City.
[Amended 9-19-2013; 4-14-2022 by Ord. No. 22.057]
Exemptions to this chapter shall be as follows:
A.
Any and all buildings and/or structures on any land
for which a special permit, comprehensive permit or building permit
has been issued prior to the adoption date of this chapter but only
if those projects proceed before the previously issued permits expire.
B.
Any buildings on the grounds that were once part of
the former Northampton State Hospital.
C.
Structures
which have been the subject of a municipally sponsored public meeting
specifically regarding their demolition conducted prior to January
20, 2011.
[Added 1-20-2011]
No building permit for demolition of a regulated
building and/or structure shall be issued without following the provisions
of this chapter, except for projects approved under the permit granting
authority of any Local Historic District (adopted under Massachusetts
General Laws Chapter 40C) or the Central Business-Core District.[1]
A.
Submission requirements. In addition to the information
required for the building permit application, a project proposing
total demolition of a regulated building or structure shall include
the following information:
(1)
Address of the building/structure to be demolished.
(2)
Owner's name, address and telephone number.
(3)
Description of the building.
(4)
Description of the proposed work.
(5)
Reason for requesting a permit for demolition.
(6)
Brief description of the proposed reuse, reconstruction
or replacement.
(7)
Photographs of the building(s)/structure(s).
B.
Application. The Building Commissioner shall forward
a copy of each complete building permit application that proposes
total demolition for any regulated buildings and/or structures identified
in the previous section to the Commission, or its designee, within
seven days after the filing of such application. No building permit
for demolition shall be issued at that time. The Building Commissioner
shall notify the applicant that the application activates the provisions
in this chapter.
C.
Determination of significance. The Commission shall,
within 15 days after the receipt of such application from the Building
Commissioner, make a written determination of whether the building
and/or structure is significant.
(1)
Negative determination: Upon determination by the
Commission, or its designee, that the building and/or structure is
not significant, the Commission shall so notify the Building Commissioner
and applicant in writing. The Building Commissioner may then issue
the building permit for demolition.
(2)
Positive determination. Upon determination by the
Commission, or its designee, that the building and/or structure is
significant, the Commission shall so notify the Building Commissioner
and applicant in writing. No building permit for demolition may be
issued at this time. If the determination is made that the building
and/or structure is significant, the Commission shall hold a public
hearing within 30 days of the written notification to the Building
Commissioner.
(3)
If the Commission does not notify the Building Commissioner
within 15 days of receipt of the application, the Building Commission
may proceed to issue the building permit for demolition.
(4)
The decision as to whether the building and/or structure
is significant may be made at an advertised public meeting of the
entire Commission, by a subcommittee of the Commission designated
at a public meeting, or by a designee of the Commission, duly authorized
at a public meeting.
D.
Public hearing on determination of preferably-preserved
status.
(1)
Public notice of time, place and purpose of the hearing
shall be posted in a conspicuous place in City Hall for a period of
not less than seven days prior to the date of said hearing, and the
applicant and the Building Commissioner shall be notified in writing
of the meeting time and place.
(2)
Evidence.
(a)
Evidence to be gathered in order to render this
determination could include the following:
[1]
What is the current condition of the building
or structure?
[2]
How intact is the building or structure?
[3]
What is the age of the building or structure?
[4]
Is the building or structure an exemplary representation
of a certain style or period and if so, how many of those exist?
[5]
What is the building or structures role in the
streetscape?
[6]
Are there exemplary construction elements that
embody distinctive characteristics of a period?
[7]
Does the building or structure yield information
important to history?
[8]
Has the building or structure been designed
by a famous and/or local architect?
[9]
Has the building or structure been removed from
its original location? If so, does it still have architectural value,
or is the surviving structure importantly associated with an historic
person or event?
(b)
All information gathered through this investigative
process and any other information that may be brought forth at the
public hearings may be considered in making the determination.
(3)
At the public hearing, or within 14 days after the
public hearing, a determination shall be made as to whether or not
the building and/or structure should be preferably preserved. If agreed
to in writing by the applicant, the determination of the Commission
may be postponed or extended.
(4)
Negative determination. If the Commission determines
that the building and/or structure is not preferably preserved, the
Commission shall so notify the Building Commissioner and the applicant
in writing. The Building Commissioner may then issue a building permit
for demolition.
(5)
Positive determination. If the Commission determines
that the building and/or structure is preferably preserved, the Commission
shall notify the Building Commissioner and the applicant in writing.
When a positive determination has been issued then:
(a)
No building permit for demolition may then be
issued for a period of up to 12 months from the date of the original
building permit application, unless otherwise agreed to by the Commission.
(b)
The Building Commissioner may issue a building permit for demolition for a preferably preserved building or structure within this twelve-month period if both Subsection D(5)(b)[1] and [2] are met:
[1]
The Commission notifies the Building Commissioner
in writing that the Commission finds even with the issuance of the
building permit for demolition that the intent and purpose of this
chapter is served; or, in the judgment of the Commission, there is
no feasible option for preservation, or when the Commission finds
there is a clear and compelling economic benefit to the City which
is greater than the benefits of preserving the structure; and
[2]
All plans for future use and development of
the site have been filed with the Building Commissioner and have been
found to comply with all laws pertaining to the issuance of a building
permit or zoning permit, including without limitation any necessary
zoning findings, variances or special permits required for said use
and development.
[Amended 2-1-2007]
(c)
Following the twelve-month delay period, the
Building Commissioner shall issue the building permit for demolition,
provided that all plans for the use of the site after demolition have
been found to comply with applicable laws and all permits and approvals
for the development have been obtained and appeal periods concluded.
If the property owner plans to keep the lot vacant, no such approvals
are required.
(6)
If the Commission does not so notify the Building
Commissioner in writing within 21 days after the public hearing, the
Building Commissioner may issue the building permit for demolition.
A.
With the adoption of this chapter, § 22-30
of the City's Code of Ordinances specifying how appointments are made
to the Northampton Historical Commission has been amended. The amendment
states that as terms of current members expire, the Mayor will appoint
a representative from the Chamber of Commerce, followed by an architect,
followed by a representative from the real estate or construction
industry. (See § 22-30 adopted April 19, 1973 for more detail.)
B.
The Commission may adopt such rules and regulations
as are necessary to administer the terms of this chapter. The Office
of Planning and Sustainability is authorized to adopt a schedule of
reasonable fees to cover the costs associated with the administration
of this chapter.
C.
The Commission may delegate authority to make initial
determinations of significance to one or more members of the Commission
or to a municipal employee.
D.
The Commission may proactively develop other lists
of significant buildings or structures that may be subject to this
chapter. Buildings or structures proposed for the significant list
of buildings and/or structures shall be added only following a public
hearing.
[Amended 3-17-2022 by Ord. No. 21.355]
A.
If, after an inspection, the Building Commissioner
or the Board of Health finds that a building or structure subject
to this chapter is found to pose an immediate threat to public health
or safety, or the health and safety of the occupants due to its deteriorated
or damaged condition, and that there is no reasonable alternative
to the immediate demolition of the building or structure, then the
Building Commissioner may issue an emergency building permit for demolition
to the owner of the building after making every reasonable effort
to notify the Commission (preferably within 48 hours) of making this
determination. The Building Commissioner or the Board of Health shall
then prepare a report explaining the condition of the building and
the basis for the decision that shall be forwarded to the Commission.
B.
The Building Commissioner shall require the property owner of the building and/or structure to be demolished to provide photographs and other documentation about the property as outlined in § 161-5, Procedure, of this chapter, or the Building Commissioner shall make every reasonable effort to provide the Commission reasonable time to document such building and/or structure prior to demolition, provided that such activity poses no threat to public health or safety, or appropriate precautions are taken to protect public health and safety.
A.
Authorized agents. The Director of Planning and Sustainability
or his/her designee is specifically authorized to institute any and
all actions and proceedings, in law or equity, as they may deem necessary
and appropriate to obtain compliance with the requirements of this
chapter.
[Amended 3-17-2022 by Ord. No. 21.355]
B.
Civil penalties. Civil penalties may be imposed if the owner or agent of a building and/or structure has willfully contributed to its deterioration during the demolition review period. Any owner of a building and/or structure subject to this chapter who demolishes a building and/or structure willfully or damages a portion of a building or structure in a way which increases its likelihood of total failure without first obtaining a building permit for demolition in accordance with the provisions of this chapter shall be subject to a civil fine as set forth in Chapter 1, § 1-17, General penalty. Each day the violation exists shall constitute a separate offense until the demolished building is re-created as directed by the Commission, or unless otherwise agreed to by the Commission. Notwithstanding the above, this chapter does not create an affirmative obligation to maintain a property.
[Amended 2-1-2007]
C.
Building construction delay. If a building and/or
structure subject to this chapter is demolished without first obtaining
a building permit for demolition, no building permit shall be issued
for a period of two years from the date of the demolition on the subject
parcel of land unless otherwise agreed to by the Commission.
D.
Relationship to other requirements. Nothing in this
chapter shall be deemed to exempt applicants from any requirements
of the State Building Code or other local ordinances and other rules
and regulations.
Following a determination that a building and/or
structure is significant and preferably preserved, the Commission
may recommend that a building and/or structure be protected through
the provisions of the MGL c. 40C, the Historic Districts Act. The
steps required under MGL c. 40C shall be followed prior to the establishment
of a local historic district. Nothing in this chapter shall be deemed
to conflict with the provisions of the Historic District Act, Massachusetts
General Laws Chapter 40C. If any of the provisions of this chapter
do so conflict, that Act shall prevail.
This chapter shall take effect upon adoption
by the City Council and shall be reviewed after a period of five years
from the adoption date. This review will evaluate the way the chapter
has worked and provide an opportunity to make any revisions or adjustments
that may be required. The Historical Commission will make a presentation
to the City Council articulating the number of applications that came
before it, whether or not the delay period was activated, the time
period of the delay before either a resolution was reached or a demolition
permit was issued and any recommendations the Commission may have
about the process.
