[HISTORY: Adopted by the Board of Selectmen
of the Town of Wilton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-3-1997]
The purpose of this ordinance is to provide
public notice of the intent to demolish a building, structure or part
thereof, more than 50 years old, or in other ways significant, and
to impose a waiting period not to exceed 90 days in accordance with
Connecticut General Statutes Section 29-406(b) so that consideration
may be given to the documentation and preservation of historical,
architectural or culturally significant buildings in the Town of Wilton.
No person, firm, corporation, public agency
or other entity ("the applicant") shall demolish a building, structure
or part thereof located in the Town of Wilton that is larger than
500 square feet in total size and either was constructed more than
50 years prior to the date of the application for a demolition permit
or is less than 50 years old but is included in the "Cultural Resource
Survey of Wilton, Connecticut" conducted by Mary Elizabeth McCahon
and Wilton Historical Society, Inc., in 1989, as it may be amended
from time to time, which is on file in the Wilton History Room of
the Wilton Library Association, Inc., and in the office of the Wilton
Town Clerk, without filing an application and obtaining a permit for
such demolition from the Building Inspector of the Town of Wilton
("the Building Inspector").
[Added 1-21-2003]
As used in this chapter, the following terms
shall have the meanings indicated:
Removal, alteration and/or replacement of exterior walls,
including but not limited to any part of proposed work that may impact
the architecture and/or facade of the dwelling/structure.
Fifty percent or more of a dwelling/structure more than 500
square feet in size including areas on ground level and above. The
basement is not to be considered in the calculation
Anything that has been constructed/built.
The demolition of any such building, structure
or part thereof shall be subject to the following requirements and
procedures in addition to the provisions of Connecticut General Statutes
Sections 29-401 through 29-415:
A.
The applicant shall file an application for a demolition
permit with the Building Inspector, which application shall include,
in addition to such other information as may be required, the size
and the age of the building or structure to be demolished. Verification
of both size and age shall be provided by the applicant and shall
be obtained from independent records such as the Wilton Tax Assessor's
records or the Cultural Resource Survey of Wilton, Connecticut.
B.
All applications for partial demolition meeting the
conditions of this ordinance shall be submitted to a committee (appointed
by the Wilton Historical Commission) for review within 15 days of
the application.
[Added 1-21-2003[1]]
C.
Upon filing of the demolition permit application,
the applicant shall post a "notice of intent to demolish" sign provided
by the applicant and approved by the Wilton Building Department in
a conspicuous place on the property upon which the building to be
demolished is located. Such sign shall include three-inch lettering
and not exceed 16 square feet in area and shall remain posted for
15 consecutive days from the date of legal notice publication.
[Amended 1-21-2003]
E.
Upon receipt of an application for demolition of a
building, structure or part thereof, subject to the terms of this
ordinance, the Building Inspector shall publish a legal notice of
the demolition permit application in a newspaper having substantial
circulation in the Town of Wilton. Such notice shall state that an
application for a demolition permit has been filed, the date of the
filing of such application, the location of the property, the name
of the owner of the property, the size and age of the building to
be demolished and that unless a pertinent written objection to the
demolition is filed with the Building Inspector within 15 days of
the publication of the legal notice, the demolition permit may be
issued after the expiration of such 15 days. Such notice shall be
published by the Building Inspector not later than 15 days after receipt
of an application.
F.
The Building Inspector shall, no later than the publication
of such legal notice, mail a copy of said legal notice to the Wilton
Historic District Commission, the Wilton Historical Society, the Connecticut
Historical Commission and to any organization, firm, corporation,
society, public agency or individual who has requested such notification
by written notice delivered to the Building Inspector. To be entitled
to notification under this provision, any such organization, firm,
corporation, society, public agency or individual shall register with
the Building Inspector and indicate desire to be notified of demolition
permit applications for historic or significant buildings or structures.
Such notification request shall be renewed annually each January 1
following the initial request. The Building Inspector shall maintain
on file a list of names and addresses of all interested parties who
have requested such notification.
G.
If the Building Inspector has received no pertinent
written objection to the application within 15 days following the
publication of said legal notice, he may issue the demolition permit.
Pertinent written objections shall state the architectural, historic
or cultural importance of the subject building.
H.
If the Building Inspector receives a pertinent written
objection to the issuance of a demolition permit within 15 days following
the publication of said legal notice, the Building Inspector shall
delay the issuance of a permit for a period of 90 days following the
date of the filing of the demolition permit application. In the event
that all such written objections are withdrawn before the expiration
of the ninety-day period, the Building Inspector may issue the demolition
permit.
I.
Notwithstanding the foregoing provisions, within 15 days following the publication of the legal notice the Building Inspector may, with the written approval of the Wilton Historic District Commission and the Wilton Historical Society, make a written finding that the building which is proposed to be demolished is not of an age, style, location, condition or character that is of historical, architectural or cultural significance to the Town of Wilton. Upon such finding, the Building Inspector may waive the provisions of this ordinance requiring delay in the issuance of the demolition permit. If the Building Inspector receives no written response from the Wilton Historic District Commission or the Wilton Historical Society within 10 days of mailing the copy of the legal notice, approval shall be presumed. A written notice of waiver shall be sent by first class mail on the day of the waiver determination to all interested parties as listed in Subsection F. In the event of such 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 said determination has been taken to the Wilton Board of Selectmen ("the Board").
J.
Any person aggrieved by the action of the Building
Inspector in waiving such provisions may appeal to the Board within
seven days following the waiver determination. This provision shall
not preclude applicants from pursing any other available means of
appeal provided by the Connecticut General Statutes. The Board shall
have the power to overrule the waiver and may issue a stay of demolition
for a period of 90 days from the date of the filing of the demolition
permit application or may uphold the waiver. In considering such appeal
the Board shall review the architectural, cultural and historic importance
of the building. Any such appeal shall be heard by the Board at its
next regularly scheduled meeting.
[Amended 1-21-2003]
Notwithstanding the provisions of § 10B-3I above, if a building or structure listed on the National or State Register of Historic Places or located in one of Wilton's historic districts is proposed to be demolished, the Building Inspector may not waive any provisions of this ordinance. The application for demolition shall be referred to the Wilton Historic District Commission and the Connecticut Historical Commission which may, under Connecticut General Statutes Section 7-147j(b), delay demolition for 90 days from issuance of a demolition permit if during such time the Wilton Historic District Commission or the Connecticut Historical Commission is attempting to find a purchaser who will retain or remove such building or who will present some other reasonable alternative to demolition.
The provisions of this ordinance shall not apply
to any demolition ordered by the Building Inspector because of an
emergency or threat to public health and/or safety.
Any permit issued under this ordinance shall
become invalid if the authorized demolition work is not completed
within six months after issuance of the permit.
[Amended 1-21-2003]
Pursuant to Connecticut General Statute Section
29-414, failure of any person, firm, corporation, public agency or
other entity to comply with the above provisions may result in a fine
of not more than $500 or imprisonment of not more than a year, or
both.
[Amended 1-21-2003]
The effective date of this ordinance shall be
January 1, 1998; revision date: January 21, 2003.
