To
add a new Section 16.5 Historic Demolition Delay To require that prior to any demolition of any home, barn or
other structure, which is assumed to be over 50 years in age, be reviewed by
the Heritage Commission prior to any issuance of a permit to demolish such
structure. The new section would provide
for an expedited review with an extended review period for structures within
the town, which were found to be historic, or of significant importance to the
heritage of the community.
16.5
Historic
Demolition Delay
16.5.1
Definitions: As used in this
section, the following words or phrases shall have the meanings set forth
below, except when the context in which they are used requires a different
meaning.
Building: Building is defined as any structure used or intended for supporting or sheltering any use or occupancy.
Demolition Review
Committee: A committee of the Stratham Heritage Commission comprised of
three (3) members of the commission and two (2) alternates appointed by the chair
of the commission. Any conflict of interest by a member shall be
determined as set forth in NH RSA 673:14.
Demolition: The act
of pulling down, destroying, removing, or razing a building or commencing the
work of total or substantial destruction with the intent of completing the
same.
16.5.2
Criteria.
Any
building or part of a building in the Town of
(a) The proposed demolition is greater than five hundred (500) square feet of gross floor area; and
(b) The building(s) is assumed to have been
constructed more than fifty (50) years before the date of application for
demolition permit; and
(c) The building is visible from the adjacent
public right-of-way or public lands or is listed or
is eligible for listing in the National Register of Historic Places or state or
local historic registers.
16.5.3 Procedure.
When an application for a demolition permit, or a building permit involving demolition, or a site plan review involving demolition is made, or a formal written application is submitted to the Building Inspector or Code Enforcement Officer for a determination under this article, the Code Enforcement Officer will determine if the building, or section of the building, meets the above criteria. If it does, the Code Enforcement Officer shall:
(a) Forward a copy of the application to the demolition review committee.
(b) Within
five business days of its receipt of a copy of the application, the committee
shall issue a preliminary recommendation regarding the granting of a demolition
permit. If the committee issues a recommendation in favor of the granting of
such a permit, a demolition permit shall be issued. If the committee determines
the building to be potentially significant, no permit shall be issued until a
more thorough investigation is undertaken and a final written recommendation is
provided by the committee to the Code Enforcement Officer. Investigation and
recommendation shall be completed within 30 calendar days of the committee's
receipt of a copy of the application.
(c) During
the maximum 30 calendar-day-period, the committee shall meet with the property
owner and conduct such public hearings and investigations as it may determine
to be necessary in the formulation of its written recommendation regarding the
granting of such permit. The committee shall consider the following criteria in
its deliberation:
i. The
building or structure is of such interest or quality that it would meet
national, state or local criteria for designation as a historic, cultural, or
architectural landmark.
ii. The
building or structure is of such unusual or uncommon design, texture, or
materials that it could not be reproduced or could be reproduced only with
great difficulty and expense.
iii. The building or structure is of such architectural or historic interest that its removal would be to the detriment of the public interest.
iv. Retention
of the building or structure would help preserve and protect a historic place
or area of historic interest in the town.
16.5.4 Demolition Review Committee
Responsibilities.
It is the responsibility
of the Demolition Review Committee to:
(a) Make a decision
within five business days of receipt of the demolition application as to
whether the building might be significant and preferably preserved within the
standards and specifications provided above. If no decision is made within five
business days, the application will be deemed to be approved and the permit may
be issued.
(b) Hold a meeting between the demolition review committee and the applicant (or applicant's representative) to discuss alternatives to demolition if the committee determines the building is significant and its loss potentially detrimental to the community.
16.5.5 Demolition.
(a)
If no
alternatives to demolition have been identified and agreed to by the applicant
after the meeting provided for in the preceding section, the applicant is free
to proceed with demolition provided a permit is issued. (The Code Enforcement Officer / Building Inspector shall issue a permit if all other typical application requirements have
been met) Prior to demolition, and if
the applicant is in agreement, the demolition review committee shall
photographically document the building. The committee shall also encourage the
applicant to salvage significant architectural features.
(b) Nothing in this article shall be construed to prevent immediate demolition where the public safety is at stake and the building has been determined by the Code Enforcement Officer to be a public hazard and demolition is the only viable recourse.