Title
Committee Report: Rules & Ordinance (Paper# 433-17 That the City of Malden establish a Delayed Demolition ordinance).
Body
The Standing Committee on Rules & Ordinance to whom was referred Paper # 433 Series of 2017, having considered the same, make the following report:
Committee recommends that this newly drafted Delayed Demolition ordinance be reported out favorably.
Demolition Delay Ordinance
I. INTENT and PURPOSE.
This Demolition Delay Ordinance (hereinafter, the “Ordinance”) is enacted for the purpose of preserving and protecting Significant Buildings, structures, monuments and sites, within the City of Malden (hereinafter, the “City”) which constitute or reflect distinctive features of the architectural, cultural, economic, political or social history of the city and to limit the detrimental effect of demolition on the character of the City.
Through this Ordinance, owners of Preferably Preserved Buildings are encouraged to seek out alternative options that will preserve, rehabilitate or restore such Buildings, and residents of the City are alerted to impending demolitions of Significant Buildings.
The Ordinance provides a predictable process for reviewing requests to demolish Buildings by:
1. establishing an appropriate waiting period during which the City and the Applicant can propose and consider alternatives to the demolition of a Building of historical, architectural, cultural or urban design value to the City;
2. providing an opportunity for the public to comment on the issues regarding the demolition of a particular Building; and
3. minimizing the number and extent of demolition of a Building where no immediate re-use of the site is planned.
By preserving and protecting Significant Buildings, streetscapes and neighborhoods, this Ordinance promotes the public welfare by making the City a more attractive and desirable place in which to live and work.
To achieve these purposes, the Malden Historical Commission is authorized to advise the Building Commissioner with respect to applications for Demolition Permits. The issuance of Demolition Permits is regulated as provided by this Ordinance.
II. DEFINITIONS.
APPLICANT: Any person or entity who files an application for a demolition permit.
If the Applicant is not the owner of the Building, the owner must provide written consent to the filing of the application. If the Applicant is an entity, Applicant must provide the names of its principals, i.e., trustees, beneficiaries of realty trusts, officers and stockholders of corporations.
BUILDING: A building, structure, monument or site, in whole or in part, or exterior feature or façade of a building, structure, monument or site.
BUILDING COMMISSIONER: The person occupying the office of Building Commissioner or the Building Inspector authorized to issue Demolition Permits.
COMMISSION: The Malden Historical Commission, as established by the City pursuant to Massachusetts General Laws, Chapter 40, Section 8D.
DEMOLITION: The act of pulling down, destroying, removing, dismantling or razing a Building, in whole or in part, or the exterior alteration of a Building .
DEMOLITION BY NEGLECT: A process of ongoing damage to the fabric, viability and/or functionality of an unoccupied Building leading towards and/or causing its eventual demolition due to decay and/or structural failure and/or severe degradation over a period of time as a result of a general lack of maintenance, and/or failure to secure the Building from pests or vandals, and/or failure to take reasonable measures to prevent the ingress of water, snow, ice, and wind through the roof, walls, or apertures.
DEMOLITION PERMIT: The building permit issued by the Building Commissioner for Demolition of a Building pursuant to an application therefore, excluding a building permit issued solely for the Demolition of the interior of a Building.
PREFERABLY PRESERVED <https://www.ecode360.com/26936032> BUILDING: A Significant Building which the Commission determines, following a public hearing, that it is in the public interest to be preserved rather than demolished. A Preferably Preserved Building is subject to the twelve-month demolition delay period of this Ordinance.
SIGNIFICANT BUILDING <https://www.ecode360.com/26936033>: A Building , which is, in whole or in part:
1. Listed on, or located within an area listed on, the National Register of Historic Places; or
2. Found eligible for listing on the National Register of Historic Places; or
3. Surveyed, or located within an area surveyed, by the Commission or City, in accordance with the survey and inventory procedures of the Massachusetts Historical Commission and said survey/inventory form is on file with the Massachusetts Historical Commission; or
4. Seventy-five (75) years or more old and which has been determined by the Commission to be significant based on any of the following criteria:
a. 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 City or the Commonwealth; or
b. 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; or
c. The Building is one whose loss would have a significant negative impact on the historical or architectural integrity or urban design character of the neighborhood.
III. PROCEDURE. <https://www.ecode360.com/26936021>
1. Criteria for Review.
No Demolition Permit shall be issued without compliance with the provisions of this Ordinance for a Building which is, in whole or in part,:
A. Listed on, or located within an area listed on, the National Register of Historic Places; or
B. Found eligible for listing on the National Register of Historic Places; or
C. Surveyed, or located within an area surveyed, by the Commission or City, in accordance with the survey and inventory procedures of the Massachusetts Historical Commission and said survey/inventory form is on file with the Massachusetts Historical Commission; or
D. Seventy-five (75) years or more old. If a Building is of unknown age, it shall be assumed that the Building is over seventy-five (75) years old for the purposes of this Ordinance.
2. Application and Required Documentation.
An Applicant proposing to demolish a Building subject to this Ordinance shall file with the Building Commissioner an Application form provided by the Commission for the purpose, containing the following:
a) The address of the Building to be demolished.
b) The owner's name, address and telephone number.
c) Proof of ownership, i.e., deed, property tax assessment.
d) The Applicant’s name, address and telephone number, if other than the owner.
e) Written authorization from owner (if Applicant is not owner)
f) Information about the Building that includes:
• Narrative description of Building
• Photos - of all sides of the Building, current (with dates), in color, 3 x 5 inches in size or larger.
• plot plan - showing the property boundaries and Building’s footprint
• map - showing the location of the Building, surrounding properties and streets.
g) The reason(s) for the proposed demolition and data supporting said reason(s), including data sufficient to establish any economic justification for the demolition.
h) Description of the proposed demolition.
i) Information about the proposed reuse of the property and/or reconstruction or replacement of the Building, that includes:
• Narrative description
• Site plan
• Building elevation plans (if new building is proposed)
j) All documents may be no larger than 11”x17”.
k) Failure to provide complete and/or accurate documentation will cause a delay in the review process and may result in a rejected Application.
3. Initial Action by Building Commissioner.
The Building Commissioner shall, within seven (7) days, forward a copy of the Application to the Commission.
4. Written Determination of Significance.
The Commission shall, within thirty (30) days after receipt of the Application, make a written determination of whether the Building is a Significant Building.
If the Commission does not make a written determination and notify the Building Commissioner within thirty (30) days of receipt of the Application, the Building Commissioner may proceed to issue the Demolition Permit.
5. Criteria for Determination of Significance.
The Commission shall use any or all of the following criteria to determine whether a Building is a Significant Building.
A. The Building is listed on, or is within an area listed on, the National Register of Historic Places; or
B. The Building has been found eligible for listing on the National Register of Historic Places; or
C. The Building has been surveyed or is within an area surveyed, by the Commission or City, in accordance with the survey and inventory procedures of the Massachusetts Historical Commission and said survey/inventory form is on file with the Massachusetts Historical Commission ; or
D. 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; or
E. 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 City or the Commonwealth; or
F. The Building is one whose loss would have a significant negative impact on the historical or architectural integrity or urban design character of the neighborhood.
6. Determination that Building is Not a Significant Building.
Upon determination by the Commission that the Building is not a Significant Building, the Commission shall notify the Building Commissioner and Applicant in writing, and the Building Commissioner may issue the Demolition Permit.
7. Determination that Building is a Significant Building.
Upon determination by the Commission that the Building is a Significant Building:
A. The Commission shall notify the Building Commissioner and Applicant in writing; and
B. No Demolition Permit may be issued at this time; and
C. The Commission shall determine whether the Building is Preferably Preserved.
8. Determination Whether a Building is a Preferably Preserved Building. The Commission shall use the following procedure to determine whether a Building is Preferably Preserved:
A. Application and Required Documentation.
If the Commission determines that the Building is a Significant Building, Applicant shall provide the Commission with ten (10) copies of the Application and Required Documentation described in Section 2 of this Ordinance.
B. Public Hearing Required.
If the Commission determines that the Building is a Significant Building, it shall hold a public hearing within thirty (30) days of the written notification to the Building Commissioner. A notice containing the date, time, place and purpose of the public hearing shall be posted by the Commission with the City Clerk for a period of not less than seven (7) days prior to the date of hearing; mailed to the Applicant, Ward City Councilor and City Councilors at Large, Mayor and the property owners of all directly abutting properties; and at the Applicant’s expense, shall be published in a local newspaper at least fourteen (14) day prior to the date of the public hearing.
C. Timeframe for Decision.
Within fourteen (14) days after the public hearing closes, the Commission shall decide whether the Building is Preferably Preserved. The time for the Commission to make its decision may be extended in writing by agreement between the Commission and Applicant.
D. Notification to Building Commissioner that Building is not Preferably Preserved.
If the Commission determines that the Building is not Preferably Preserved, the Commission shall notify the Building Commissioner and Applicant in writing within ten (10) days of said determination, and the Building Commissioner may issue the demolition permit.
E. Notification to Building Commissioner that Building is Preferably Preserved.
If the Commission determines that the Building is Preferably Preserved, the Commission shall notify the Building Commissioner and Applicant in writing within ten (10) days of said determination, and no demolition permit may be issued for a period of twelve (12) months from the date of the Commission’s determination, unless otherwise agreed to by the Commission.
F. Effect of No Notification to Building Commissioner.
If the Commission does not notify the Building Commissioner in writing of its determination within twenty-one (21) days of the public hearing, unless the time for the Commission’s determination has been extended in writing by agreement between the Commission and Applicant, the Building Commissioner may issue the demolition permit.
9. Upon Determination that a Building is a Preferably Preserved Building.
A. No permit for demolition.
Upon a determination by the Commission that a Building is a Preferably Preserved Building, no Demolition Permit shall be issued for a period of twelve (12) months from the date of the determination, unless otherwise agreed to by the Commission.
B. No permit for new construction of alteration.
Upon a determination by the Commission that a Building is a Preferably Preserved Building, no building permit for new construction or alterations of the Building shall be issued for a period of twelve (12) months from the date of the determination, unless otherwise agreed to by the Commission.
C. Securing of the Building.
Upon determination that a Building is a Preferably Preserved building, the Applicant/Owner shall be responsible for properly securing the building to the satisfaction of the Building Commissioner. Should the Applicant/Owner fail to so secure the Building, a subsequent destruction of the Building at any time during the twelve-month delay period, which destruction could have been prevented by the required security measures, shall be considered a demolition in violation of this Ordinance and shall be subject to the fines and two-year bar to the issuance of permits.
10. Issuance of Demolition Permit.
A. Within 12-month Delay Period.
The Building Commissioner may issue a Demolition Permit or a building permit for a Preferably Preserved Building within the twelve-month delay period if the Commission notifies the Building Commissioner in writing that the Commission finds:
i. There is no reasonable likelihood that either the owner or some other person or group is willing to purchase, preserve, rehabilitate or restore the Building; or
ii. For at least six (6) months the owner has made continuing, bona fide and reasonable efforts to locate a purchaser to preserve, rehabilitate and restore the Building, and that such efforts have been unsuccessful; or
iii. that the intent and purpose of this Ordinance is served even with the issuance of the demolition permit or the building permit.
B. Following 12-month Delay Period.
Following the twelve-month delay period, the Building Commissioner may issue the demolition permit.
C. In any case.
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 been found to comply with all laws pertaining to the issuance of a building permit or 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 Ordinance.
IV. Administration.
a. Schedule of Fees. The Commission is authorized to adopt a schedule of reasonable fees to cover the costs associated with the administration of this Ordinance.
b. The Commission may delegate authority by vote of the Commission to make a Determination of Significance to one or more members of the Commission or to a municipal employee.
V. List of Significant Buildings.
The Commission may proactively develop a list of Significant Buildings that will be subject to this Ordinance. Buildings proposed for the List of Significant Buildings shall be added following a public hearing. The inclusion of certain buildings on such a List shall have no bearing on whether a building not listed may qualify as a Significant Building under this Ordinance upon application for a Demolition Permit.
VI. Historic Districts Act. <https://www.ecode360.com/26936021>
Following a determination that a Building is Significant and Preferably Preserved, the Commission may recommend to the Mayor and City Council that the Building be protected through the provisions of Massachusetts General Law, Chapter 40C, the Historic Districts Act (the “Act”). The steps required under the Act shall be followed prior to the establishment of a local historic district. Nothing in this Ordinance shall be deemed to conflict with the provisions of the Act. If any of the provisions of this Ordinance do so conflict, the Act shall prevail.
VII. Emergency Demolition.
If, after an inspection, the Building Commissioner finds that a Building subject to this Ordinance is found to pose an immediate threat to public health or safety 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. The Building Commissioner shall then prepare a report explaining the condition of the Building and the basis for his/her decision, which shall be forwarded to the Commission. Nothing herein shall be construed to conflict with or derogate in any way from the Building Commissioner’s statutory obligations under Massachusetts General Laws, Chapter 143 or under the State Building Code.
VIII. Enforcement and Remedies.
1. 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 Ordinance or to prevent a threatened violation thereof.
2. Any owner of a building subject to this Ordinance that demolishes the Building without first obtaining a Demolition Permit in accordance with the provisions of this Ordinance shall be subject to a fine of not more than three hundred dollars ($300) per day. Each day the violation exists shall constitute a separate offense until a faithful restoration of the demolished Building is completed or unless otherwise agreed to by the Commission.
If a Building subject to this Ordinance 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 the building permit is for the faithful restoration referred to above or unless otherwise agreed to by the Commission.