[Adopted 5-27-2003, approved
9-4-2004; amended 6-7-2011, approved
9-15-2011 (Art. 64 of the 2011 General By-Laws)]
This By-Law is enacted for the purpose of preserving and protecting
significant buildings within the Town of Dartmouth outside Local Historic
Districts that constitute or reflect distinctive features of the architectural,
cultural, economic, political or social history of the town and to
limit the detrimental effect of demolition on the character of the
town. Significant buildings within Local Historic Districts are subject
to the section(s) of the Town of Dartmouth General By-Laws entitled
"Historic District" pursuant to the provisions of the Massachusetts
General Laws Chapter 40C.
A.
This by-law provides:
(1)
An opportunity to develop preservation solutions for significant
buildings threatened with demolition;
(2)
A reasonable time period for public notice and discussion by interested
groups and individuals of means by which to preserve such buildings;
(3)
An opportunity to inform residents of the town to impending demolitions
of significant buildings; and
(4)
An opportunity to create an historical record, including photographs,
of significant buildings prior to demolition.
B.
Owners of significant buildings will be encouraged to:
C.
To achieve these purposes, the Dartmouth Historical Commission is
authorized to advise the Town of Dartmouth Building Commissioner or
Inspector with respect to demolition permit applications. The issuance
of demolition permits is regulated as provided by this By-Law.
Any person or entity who files an application for a demolition
permit. If the applicant is not the owner of the premises upon which
the building is situated, the owner must indicate on or with the application
his/her assent to the filing of the application.
An application for a (building) permit that involves the
demolition of a building.
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 demolition permits.
A day which is not a legal municipal holiday, Saturday or
Sunday.
The Dartmouth Historical Commission or its designee.
Any act of pulling down, destroying, removing, dismantling
or razing a building or any substantial portion thereof or commencing
the work of total or substantial destruction with the intent of completing
the same, or removal of the building from its site with the intent
to relocate it to another site.
A substantial portion or substantial destruction of a building
is defined as either half the volume of the building or half its value,
as determined by the Building Commissioner.
A building shall be considered to be demolished if more than
25% of the front, back or side elevations are removed or covered so
as to substantially obliterate the original design. Each elevation
shall be calculated separately.
Any significant building that the Commission determines,
following a public hearing, is in the public interest to be preserved
or rehabilitated rather than demolished. A preferably preserved building
is subject to a demolition review period as stated in this By-Law
of up to six months.
Any building within the Town of Dartmouth that is in whole
or in part 75 years or more old, or is of an unknown age, and which
has been determined by the Commission or its designee to be significant
based on any of the following criteria:
The Building is listed on, or is within an area listed on, the
National Register of Historic Places; or
The Building has been found eligible for the National Register
of Historic Places; or
The Building is importantly associated with one or more historic
persons or events, or with the broad architectural, cultural, political,
economic or social history of the Town of Dartmouth or the Commonwealth;
or
The Building 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.
A.
No demolition permit for a building which is in whole or in part
75 years or more old, or is of an unknown age, and which has been
determined by the Commission or its designee to be significant shall
be issued without following the provisions of this By-Law.
B.
If a building is of unknown age, there shall be a rebuttable presumption
that the building is over 75 years or more old for the purposes of
this By-Law.
C.
An applicant proposing to demolish a building subject to this By-Law
shall file with the Building Commissioner an application containing
the following information:
D.
The Building Commissioner shall within 10 business days forward a
copy of the application to the Commission. The Commission shall, within
15 business days after receipt of the application, make a written
determination of whether the building is significant.
E.
Upon determination by the Commission that the building is not significant,
the Commission shall so notify the Building Commissioner and applicant
of the decision in writing within 15 business days after receipt of
the application. The Building Commissioner may then issue the demolition
permit.
F.
Upon determination by the Commission that the building is significant,
the Commission shall so notify the Building Commissioner and the applicant
in writing within 15 business days after receipt of the application.
No demolition permit may be issued at this time.
G.
If the Commission does not notify the Building Commissioner in writing
on the close of business on the 15th business day after receipt of
the application, the Building Commissioner may proceed to issue the
demolition permit.
H.
If the Commission finds that the building is significant, it shall
hold a public hearing within 20 business days of the written notification
to the Building Commissioner. Public notice of the time, place and
purpose of the hearing shall be posted in a conspicuous place in town
hall for a period of not less than seven days prior to the date of
said hearing and the Building Commissioner and the applicant shall
be notified in writing of the meeting time and place.
I.
The Commission shall decide at the public hearing or within 10 business
days after the public hearing whether the building should be preferably
preserved. If agreed to in writing by the applicant, the determination
of the Commission may be postponed.
J.
If the Commission determines that the building is not preferably
preserved, the Commission shall so notify the Building Commissioner
and applicant of the decision in writing within 10 business days after
the public hearing. The Building Commissioner may then issue the demolition
permit.
K.
If the Commission determines that the building is preferably preserved,
the Commission shall notify the Building Commissioner and applicant
in writing within 10 business days after the public hearing. No demolition
permit may then be issued for a period of up to six months from the
date of that determination unless a shorter period is agreed to by
a majority vote of the Commission.
L.
If the Commission does not so notify the Building Commissioner in
writing on the close of business on the 10th business day following
the public hearing, the Building Commissioner may issue the demolition
permit.
M.
Upon a determination by the Commission that any building which is
the subject of an application is a preferably preserved building,
no building permit for new construction or alterations on the premises
shall be issued for a period of up to six months from the date of
that determination unless a shorter period is agreed to by a majority
vote of the Commission.
N.
No permit for demolition of a building determined to be a preferably
preserved building shall be granted until all plans for future use
and development of the site have been filed with the Building Commissioner
and have found to comply with all laws pertaining to the issuance
of a building permit or if for a parking lot, a certificate of occupancy
for that site. All approvals necessary for the issuance of such building
permit or certificate of occupancy including without limitation any
necessary zoning variances or special permits, must be granted and
all appeals from the granting of such approvals must be concluded,
prior to the issuance of a demolition permit under this section.
O.
The Building Commissioner may issue a demolition permit or a building
permit for a preferably preserved building within the six month review
period if the Commission notifies the Building Commissioner in writing
that the Commission finds that the intent and purpose of this By-Law
is served even with the issuance of the demolition permit or the building
permit.
P.
Following the six month review period, the Building Commissioner
may issue the demolition permit.
A.
Adoption of rules, regulations and fees. The Commission may adopt
such rules and regulations and may impose reasonable fees as are necessary
to administer the terms of this By-Law.
B.
Delegation to subcommittee. The Commission may delegate authority
to make determinations of significance to a subcommittee of the Commission.
Any determination made by the sub-committee shall be subject to a
review by the full Commission upon written request by an aggrieved
party. The written request must be received by the Commission within
10 business days of the subcommittee's report to the Building Commissioner.
C.
Creation of list of significant buildings. The Commission may develop
a list of significant buildings that will be subject to this By-Law.
Buildings proposed for a significant building list will be added following
a public hearing. Such a list, if adopted, shall not prevent the Commission
from finding any other eligible building to be significant.
A.
If after an inspection, the Building Commissioner or the Board of
Health finds that a building subject to this By-Law is found to pose
an immediate threat to public health and safety or the health and
safety of the occupants due to its deteriorated condition and that
there is no reasonable alternative to the immediate demolition of
the building, then the Building Commissioner may issue an emergency
demolition permit 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 to be demolished to provide photograph(s) and other documentation about the property as outlined in § 209-18 of this By-Law. Or, the Building Commissioner shall make every reasonable effort to provide the Commission reasonable time to document such property or building prior to demolition provided such activity poses no threat to public health or safety or appropriate precautions are taken to protect public health and safety.
A.
The Commission and/or the Building Commissioner are each 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 By-Law or to prevent a threatened violation
thereof.
B.
A building is considered to be demolished if it is destroyed due
to the owner's failure to maintain a weather tight and secure structure
or if it is destroyed willfully or by neglect during the demolition
review period. Any owner of a building subject to this By-Law who
demolishes a building willfully or by neglect and without first obtaining
a demolition permit in accordance with the provisions of this By-Law
shall be subject to a fine of not more than $300.
C.
Each day the violation exists shall constitute a separate offense
until the demolished building is created as directed by the Commission,
or unless otherwise agreed to by the Commission.
D.
If a building subject to this By-Law is demolished without first
obtaining a demolition permit, no building permit shall be issued
for a period of two years from the date of the demolition on the subject
parcel of land or any adjoining parcels of land under common ownership
and control unless otherwise agreed to by the Commission.
E.
Nothing in this By-Law shall be deemed to exempt applicants from
any requirements of the state Building Code or other local By-Laws
and other rules and regulations.
Following a determination that the building is significant and
preferably preserved, the Commission may recommend to town meeting
that the building be protected through the provisions of Massachusetts
General Laws Chapter 40C, the Historic Districts Act. The steps required
under Massachusetts General Laws Chapter 40C shall be followed prior
to the establishment of a local historic district. Nothing in this
By-Law shall be deemed to conflict with the provisions of the Historic
Districts Act, Massachusetts General Laws Chapter 40C. If any of the
provisions of this By-Law do so conflict, that act shall prevail.
In case any section, paragraph or part of this By-Law be for
any reason declared invalid or unconstitutional by any court, every
other section, paragraph, and part shall continue in full force and
effect.
