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CEPA National Register,
State Register

Fact Sheets on the State &
National Registers of Historic Places

There are many misconceptions concerning the criteria used for designating structures or districts for the Connecticut Register of Historic Places and the National Register of Historic Places and the effect of these designations have on on building owners and government agencies.

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CEPA National Register, State Register

In addition, the possible financial benefits of these designations are not well known. In order to clarify this information, the State of Connecticut Department of Economic and Community Development has put together Fact Sheets for both the State Register of Historic Places and the National Register of Historic Places, which can be found at these links. If you would like further information, please contact the New Canaan Preservation.

HDC: The Village Districts Act

We begin with an approach that lands squarely in the middle of the continuum anchored on one end by an apparent lack of enabling authority and on the other by express enabling authority for TND regulation. On May 22, 1998, Connecticut Gov. John G. Rowland signed into law Public Act 98-116, "An Act Authorizing the Establishment of Village Districts."

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The Connecticut Approach: The Village Districts Act

Effective October 1, 1998, the Village Districts Act enables local zoning bodies to protect the distinctive character, landscape, and historic value of the areas under their jurisdiction. This amendment to Connecticut's zoning enabling legislation has, thus far, spawned only two local village districts, in the towns of Brooklyn and Middletown, but many other towns are engaged to one extent or another in the development of such regulations.

Why a Village Districts Act?

According to John Filchak, executive director of the Northeast Connecticut Council of Governments, the genesis of the act was not an overt attempt to create ground-breaking zoning enabling legislation, but rather a desire to address the needs of the towns of Brooklyn and Canterbury, Connecticut. Brooklyn, a town of roughly 7,000 people located in northeast Connecticut, had no local regulatory means at its disposal with which to address road improvements proposed by the Connecticut Department of Transportation (DOT) that would directly affect the rural town's historic green. A different type of challenge confronted Canterbury, a larger town of roughly 43,000 residents, discovered that current zoning laws would not adequately address many of the issues it had identified while updating its Plan of Conservation and Development. The primary concerns of each town fell into the following four categories:

Desire to preserve character. Brooklyn's historic green is listed on the National Register of Historic Places as the Brooklyn Green Historic District. While this distinction is noteworthy, National Register listings are primarily honorific and therefore do not provide any legal protection for historic resources outside the National Historic Preservation Act.16 This small rural town, therefore, found itself powerless to protect its existing character against actions contemplated by the DOT. Canterbury is bisected by Connecticut Route 169, a state and national scenic highway named by a national publication as one of the 10 most beautiful roads in America. The challenge facing Canterbury was how to maximize the benefits inherent in an area with commercial potential, while at the same time preserving its beautiful viewsheds and distinctive architectural character.

Recognition that present zoning was not working. In Brooklyn, the town green is located at the convergence of a number of residential and commercial zoning districts. The zoning regulations establishing these districts failed to address the preservation of their rural character. Canterbury, on the other hand, had a Rural Agricultural Zone in place, where all development was permitted by special exception, but the special exception criteria did not sufficiently address character preservation concerns.

No desire to enact historic districts. Each town had, in the past, investigated establishing a local historic district under the state's enabling legislation for historic districting. Both efforts failed, for two reasons: (1) neither community could obtain the two-thirds vote required to establish such a district under the Connecticut General Statutes; and (2) neither community could overcome the perception that Historic District Commissions amount to nothing more than another layer of bureaucracy associated with stopping development and/or are driven by the goal of "freezing the town in time."

Growth v. quality of life. Both towns wanted to protect their rural image, but at the same time wished to enhance their future economic development potential.

How the Act Became Law

The bill that would become the Village Districts Act, House Bill No. 5485, sponsored by State Rep. Jefferson B. Davis, (D-Brooklyn, Chaplin, Eastford, Hampton, Kingley, Pomfret), was the first attempt in Connecticut to explicitly consider non-historic district-based aesthetic regulation. At the time, it may very well have been the only legislative initiative of its type in the U.S.

The initial draft of the bill and the accompanying legislative history identified two primary purposes for its introduction in the state legislature: the preservation of rural character and the regulation of sprawl. As discussed below, it became necessary to broaden the bill's scope to encompass the preservation of the distinctive character of any municipality.

The people most closely involved in the passage of House Bill No. 5485 consistently register surprise at the ease with which this bill became a law. Those who were not involved with the passage of the bill and became aware of it only after its enactment variously referred to it as a "stealth bill." The bill remained virtually intact from the beginning of the process to the end, with two exceptions. The floor debate on the bill was minimal, and amendments centered on one passage and one word.

Removal of local control of DOT. The initial bill contained a provision that "[e]ach State agency, department or institution undertaking a project impacting a village district, including, but not limited to, the construction, alteration or maintenance of roadways and the erection, repair, modification or demolition of structures shall consider the provisions of the regulations established under this section. Any municipality aggrieved by a decision of a state agency, department or institution under this subsection may appeal such decision in accordance with Section 4-183 of the General Statutes." Predictably, the DOT lobbied to have this provision removed from the bill, because it would allow localities to influence the DOT's decision-making powers.17

Expansion beyond rural character. The most critical amendment coming out of the floor debate was an expansion of the jurisdiction of the act. Initially, the bill was proffered as a rural character preservation measure. In order to garner support from urban legislators, however, the word "rural" was removed and replaced with the word "distinctive" as a modifier of the word "character." This change makes the act applicable to all towns and cities in Connecticut. Thus, a "Village District" can be established in a neighborhood in Hartford or New Haven as well as in areas of rural towns such as Brooklyn or Canterbury.

What Does the Act Require?

The Village Districts Act authorizes zoning commissions and planning & zoning commissions to establish "village districts" as part of the regulations adopted under their general zoning enabling legislation or any special act so that municipalities can protect the distinctive character, landscape, or historic value of the areas so identified in the municipal Plan of Conservation and Development. The act is divided into three main sections:

  1. Zoning Regulations;
  2. Compatibility Objectives;
  3. Review by the Village District Consultant.

Zoning regulations: Under the act, commissions may regulate new construction, substantial reconstruction and rehabilitation of properties within the district and in view from public roadways. The scope of such regulations includes the design and placement of buildings, the maintenance of public views, the design, paving materials, and placement of public roadways, and other elements that the commission may deem appropriate to maintain and protect the character of the district.18 Simply put, commissions are granted broad discretion in regulating a wide variety of aesthetic concerns, be it in the idiom of a TND or otherwise.

In establishing zoning regulations for the adoption of a village district, commissions are required to consider the design, relationship, and compatibility of structures, plantings, signs, roadways, street hardware, and other objects in public view.19 Specifically, the act requires that the regulations:

  1. "Shall establish criteria from which a property owner and the commission may make a reasonable determination of what is permitted within" the district;20
  2. "Encourage the conversion, conservation, and preservation of existing buildings and sites in a manner that maintains the historic or distinctive character of the district;"21
  3. Ensure that "the exterior of structures or sites" in a village district are "consistent with the Connecticut Historical Commission, The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings . . . or the distinctive characteristics of the district identified in the Plan of Conservation and Development;"22
  4. Provide that:
    1. Proposed buildings or modifications to existing buildings be harmoniously related to their surroundings, and to the terrain in the district and to the use, scale, and architecture of existing buildings in the district that have a functional or visual relationship to a proposed building or modification;
    2. All spaces, structures, and related site improvements visible from public roadways be designed to be compatible with the elements of the area of the village district in and around the proposed building or modification;
    3. The color, size, height, location, proportion of openings, roof treatments, building materials and landscaping of commercial or residential property and any proposed signs and lighting be evaluated for compatibility with the local architectural motif and the maintenance of views, historic buildings, monuments and landscaping; and
    4. That the removal or disruption of historic, traditional, or significant structures or architectural elements shall be minimized.

Compatibility objectives: The Village District Act also requires that all development in the village district shall be designed to achieve the following compatibility objectives:23

  1. The building and layout of buildings and included site improvements shall reinforce existing buildings and streetscape patterns and the placement of buildings and included site improvements shall assure there is no adverse impact on the district;
  2. Proposed streets shall be connected to the existing road district network, wherever possible;
  3. Open spaces within the proposed development shall reinforce open space patterns of the district, in form and siting;
  4. Locally significant features of the site, such as distinctive buildings or sight lines of vistas from within the district, shall be integrated into the site design;
  5. The landscape design shall complement the district's landscape patterns;
  6. The exterior signs, site lighting, and accessory structure shall support a uniform architectural theme if such a theme exists and be compatible with the surroundings; and
  7. The scale, proportions, massing, and detailing of any proposed building shall be in proportion to the scale, proportion, massing, and detailing in the district.

Review by the village district consultant: Once a municipality has properly established a village district, any application for new construction and substantial reconstruction in view from a public roadway "shall be subject to review and recommendation" by the "Village District Consultant." This consultant can be an architect or an architectural firm, landscape architect, or AICP member selected by and under contract to the regulatory body.24 The commission may, in the alternative, designate as its consultant the municipality's Architectural Review Board but only if that board has at least one member who is an architect, a landscape architect, or an AICP member. After reviewing the application, the consultant may submit a report to the commission within 35 days of receipt of the application. The report and recommendation are merely advisory, since they are to be "considered by the commission in making their [sic] decision."25 In addition, the act provides that the commission may seek the recommendations of "any town or regional agency or outside specialist with which it consults."26 Examples of organizations that may be consulted include the regional planning agency, the local historical society, the Connecticut Trust for Historic Preservation, and The University of Connecticut College of Agriculture and Natural Resources.

Finally, the act provides that if the commission grants or denies an application, it is required to state upon the record the reasons for the decision. In the event of a denial, the commission must cite the specific regulations under which the application is denied. The act provides for publication of the decision and that a decision will not become effective until it is recorded in the land records of the town in which the premises are located.27

While the Village Districts Act does not expressly enable TND regulations, as Pennsylvania's and Wisconsin's acts do, the Village Districts Act can conceivably accommodate TND regulations given its broad mandate to protect the distinctive character of an area. Aside from the manner in which these types of regulations can be written and how the compatibility objectives can be made into enforceable and predictable regulations, there is the issue of the degree to which the provisions in Conn. Gen. Stat. § 8-2 (Connecticut's general zoning enabling legislation), which allow that "regulations shall be made with reasonable consideration to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of the buildings . . . throughout such municipality" and that "regulations may be made with reasonable consideration for the protection of historic factors"28 relate to the provisions of the Village Districts Act. Such an examination is well beyond the ken of this article, but this issue may provide substantial grist for the mill as the Village Districts Act is implemented by Connecticut municipalities, and ultimately, by its courts.

 

Connecticut Preservation Action

Connecticut Preservation Action shares an idea which they think would expand the reach of preservation, while not adding to the state budget

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Connecticut Preservation Action appreciates Governor Elect Malloy's resounding support for a key preservation program and would like to share an idea which they think would expand its reach, while not adding to the state budget. They recommend eliminating the restrictions on use of a “certified historic structure,” both before and after the rehabilitation.

“Connecticut should do more to support applicants for federal funding and tax credits. It should expand the affordable housing bonus in its Historic Preservation Tax Credit program – a program that creates jobs and preserves our historical assets by encouraging rehabilitation of old buildings. . . . State tax credits to support affordable housing and rehabilitation of historic properties have been tightly limited. We can and must do better.”

—Governor-Elect Daniel Malloy

N.C. Plan of Conservation & Development

Section 7.7 Preservation of Historic Structures

In order to encourage the preservation of structures contributing to positive aspects of community character, the Commission may, by Special Permit, allow a minimum area or dimensional requirement (such as minimum yard setback) to be reduced or a maximum area or dimensional requirement (such as maximum building coverage) to be exceeded in accordance with the following standards.

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Section 7.7 Preservation of Historic Structures

A. Purpose

In order to encourage the preservation of structures contributing to positive aspects of community character, the Commission may, by Special Permit, allow a minimum area or dimensional requirement (such as minimum yard setback) to be reduced or a maximum area or dimensional requirement (such as maximum building coverage) to be exceeded in accordance with the following standards.

B. Historic Structure Designation Criteria

  1. For purposes of this Section, structures may, upon application by the owner, be designated as historic structures by the Commission where said structures
    are seventy five (75) years old or older, and are found by the Commission to be directly associated with the history of the subject property and:
     
    1. exemplify or reflect the broad cultural, political economic or social history
      of the nation, state or Town; or
    2. are identified with historic personages or with important events in the national,.
      state or local history; or
    3. embody the distinguishing characteristics of an architectural type inherently
      valuable for study of a period, style, method of construction or of
      indigenous materials or craftsmanship; or
    4. are representative of a notable work of a master builder, designer or architect
      who influenced his or her age; or
    5. have yielded, or may be likely to yield, information important to history.
       
  2. The Commission encourages property owners to seek designation of historic significance from local, state or federal organizations and to display appropriate historic plaques.

C. Application Requirements

Application for the Special Permit shall be made in the form prescribed by the Commission, consistent with all applicable provisions of these regulations particularly Subsection 8.2.B.4 and shall contain, at a minimum:

  1. accurate exterior elevations or photographs of each side, of each historic structure proposed tc be preserved,
  2. a survey map and other documentation sufficient to establish the historic, cultural, or architectural significance of the historic structure and compliance
    with the standards set forth in Subsection 7.7.B and any other standards contained in these regulations as determined applicable by the Commission.

The Commission shall determine, in its sole discretion, from factual evidence or expert opinion that:

  1. the structure in question contributes to community character or possesses a degree of historic significance (which may be evidenced by its age, architectural uniqueness, or cultural value) which would represent a cultural benefit to the community if preserved, and,
  2. the structure in question requires some measure of regulatory relief to allow
    for its preservation.

D. Considerations

  1. When considering an application or any action regarding a use or a structure under this Section the following shall apply:
    1. the maximum variation allowable by the Commission, of any applicable regulation, shall be 75% of the regulation requirement, and
    2. the Commission may solicit pertinent information from outside experts such as the Historical Society, architectural consultants, historians or any other person(s) it may find as qualified to comment and provide information on the subject application.
  2. When reviewing Special Permits under this Section, the Commission shall, in addition to the Special Permit Criteria of Section 8.2.B.4, consider and determine in each case whether the proposal will:
    1. have a positive or negative effect on the orderly growth and development of the area,
    2. promote the general welfare of the residents of the Town,
    3. adversely affect safety in the streets,
    4. permit the retention of historic structures that would be in scale and compatible
      with surrounding structures,
    5. allow for the preservation of historic structures having special historical, cultural andlor architectural merit, including in the Commission's sole discretion,
      but not limited to structures retaining historical integrity of those features related to history, architecture andlor construction methods, and
    6. further the stated goals and policies of the current Plan of Conservation and Development.
  3. After the required Public Hearing is held and findings are made, the Commission may, in its sole discretion, allow an area or dimensional requirement to be reduced or exceeded, up to the maximum allowed by Subsection
    7.7.D.l .a.

E. Limitations

  1. Once a Special Permit has been granted under this Section, the historic structure shall not be relocated or modified in any way unless such modification or relocation is approved by the Commission. If a modification is proposed as minor in nature, the Commission may delegate approval to the Zoning Inspector upon submission of appropriate information.

  2. Any Special Permit granted under this Section shall prescribe the specific conditions to be observed and structural appearance to be maintained for the preserved structure. Any unauthorized deviation from these conditions shall constitute a nullification of the Special Permit approval. Upon such nullification,
    the property may be subject to any and all legal means available to the Commission to correct any unauthorized work at the property owners expense, or may be subject to any other enforcement action the Commission,
    through the Zoning Inspector, deems necessary. In addition, any permits issued subsequent to the granting of the Special Permit may be voided and the work associated with any such permit may be required to be removed.

  3. Any proposed modifications to the structure or the use of the structure shall be made known to the Commission at the time of the Special Permit application. Any subsequent changes to the use or the structure shall only be accomplished as specified herein. Emergency repairs may be made by the owner as a result of fire or other similar type damage and the Zoning Inspector shall be notified not later than 72 hours after the repair or stabilization is initiated.

  4. Any significant maintenance requirements to any structure covered by this regulation shall be done promptly by the owner. Failing this, the owner shall be notified that, if the maintenance requirements of the original Special Permit are not complied with, the Special Permit may be determined to be violated and may be nullified by the Commission.

  5. Any change in use of any structure which has an approved Special Permit may only be authorized by application to, and approval by, the Commission. Said application shall contain all relevant information pertaining to the previously approved and proposed change of use for the historic structure. The Commission shall determine if the proposed change in use is appropriate and in keeping with the intent of the original Special Permit granted for the subject historic structure according to the standards referenced in this Section.

New Canaan’s Demolition Delay Ordinance

This Act authorizes the Town of New Canaan to impose a waiting period before granting a demolition permit for certain structures of architectural, historical, or cultural importance.

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Ordinance for the Temporary Preservation of Certain Historical Structures Subject to Proposed Demolition (Approved 4-1 9-06, Effective May 5, 2006)

Purpose:

The purpose of this ordinance is to authorize the Town of New Canaan, as allowed by Section 29-406(b) of the Connecticut General Statutes, to impose a waiting period of not more than ninety days before granting a demolition permit for certain structures of architectural, historical, or cultural importance. The objective of this process is to promote the cultural, economic, educational and general welfare of the Town of New Canaan by establishing a process whereby the owners of buildings with significant historic characteristics will be informed of the economic, cultural, and aesthetic benefits of historic preservation and to encourage the preservation, rehabilitation and reuse of such structures. The waiting period will provide time for all interested parties to consider and put forth alternatives to demolition, and to preserve historically significant records, photographs, artifacts, and other items of continuing historical interest. This ordinance is limited to, and will provide greater public notice of, permits to demolish a building, structure, or part thereof that is more than fifty years old and five hundred square feet or more in area.

§ 1. Permit required, generally.

No person shall demolish any building, structure or part thereof without first obtaining a permit for the particular demolition undertaking from the Town Building Official. Such permit shall be issued except as otherwise provided in this ordinance pursuant to Section 29-406 of the Connecticut General Statutes, as amended.

§ 2. Permit requirements for certain structures.

When the building, structure or part thereof to be demolished is 500 square feet or more in size and at least 50 years old (hereinafter referred to as the “Structure”) then no permit shall be issued except upon compliance with the provisions of this ordinance in addition to Section 29-406 of the Connecticut General Statutes and the State Demolition Code, as amended.

§ 3. Application contents.

Any person wishing to obtain a permit to demolish a Structure shall file an Application (hereinafter referred to as the “Application”) verified under oath in the office of the Town Building Official on a form approved by the Town Building Official which Application shall include the following information:

  1. The name, if any, and address of the Structure to be demolished;
  2. The name and address of the owner(s) of the Structure to be demolished;
  3. The age of the Structure to be demolished;
  4. The square footage of the Structure to be demolished; and
  5. The names and addresses of the owners of all properties adjoining (and
    across the street from) the property on which the Structure to be demolished is located, according to an attached copy of a pertinent portion of the current Assessor’s map.

§ 4. Notice of intent to demolish - publication and posting.

Within ten (10) days after the filing of an Application for a permit to demolish a Structure, the applicant shall:

  1. Publish in a local newspaper having substantial circulation in the Town of New Canaan a “Notice of Intent to Demolish” (hereinafter referred to as the “Notice”). Such Notice is defined and described in Section 5 below;
  2. Mail copies of such Notice by certified mail to the owners of all properties adjoining (and across the street from) the property on which the Structure to be demolished is situated;
  3. Mail copies of the Notice by certified mail to the New Canaan Historical
    Society, the New Canaan Historic District Commission, and any New Canaan taxpayer who has requested, in writing, from the Town Building Official copies of any such Notices filed pursuant to this Ordinance. The Town Building Official shall maintain the list of those requesting to be so notified, and shall delete from the list those who do not annually renew in January, in writing, the request to be notified; and
  4. Post in a conspicuous location of the property on which the Structure is situated a sign at least 24’’ x 36” in size visible from the nearest public street or other access way adjoining the property. Such sign shall include a copy of the Notice and shall contain the word “DEMOLITION” in capital letters no less that 2” in height. If there is more than one Structure proposed for demolition, one sign shall be posted in respect to each such Structure. All signs required hereunder shall remain posted on the property, if the Permit is issued, until the completion of all demolition activities authorized by the Permit.

§ 5. Notice contents.

The Notice required by Section 4 shall be on a form approved by the Town Building Official, shall be entitled “Notice of Intent to Demolish,” and shall include the following information:

  1. The information required in Section 3A through 3D of this Ordinance inclusive; and
  2. A statement that an Application for a Permit to demolish has been filed in the office of the Town Building Official and is currently pending and is available for public inspection.

§ 6. Notice filing.

Within fourteen (14) days after publication of the Notice, the applicant shall file in the office of the Town Building Official a statement verified under oath on a form approved by the Town Building Official certifying that all of the requirements of this Ordinance have been complied with and attaching thereto a copy of the Notice, evidence of publication, a photograph of the posted sign, and all certified mail receipts.

§ 7. Historical Review Committee.

There shall be a standing committee appointed by the Board of Selectmen consisting of at least three and not more than five persons with appropriate credentials or experience in architecture, design, construction, engineering, archeology, history, or historical preservation. The committee shall have the following duties and responsibilities:

  1. To prepare and update the Historic Resource Inventory listing structures in the Town of New Canaan with historical significance;
  2. To prepare and update written criteria for the analysis of historical, architectural, and other characteristics relevant to this ordinance;
  3. To reach out pro-actively to owners of significant structures and inform them of the tax benefits, grants, and economic, cultural, and aesthetic benefits of historic preservation, and to encourage the preservation, rehabilitation and reuse of such structures;
  4. To develop policies and procedures consistent with this ordinance;
  5. To review and decide upon objections to demolition filed in accordance with the following section.

§ 8. Objections and issuance of permit.

  1. If the Town Building Official has received no pertinent written objection to the Application within fifteen (15) days following publication of the Notice in the newspaper, then the Building Official shall issue the demolition permit, provided all other requirements of the State Demolition Code have been satisfied. Pertinent written objections shall state the architectural, historical or cultural importance of the Structure. Impertinent objections may be rejected by the Building Official.
  2. If the Town Building Official receives a pertinent written objection to the Application within fifteen (15) days following publication of the Notice, then the Building Official shall promptly refer such objection to the Historical Review Committee. The Committee shall review and decide all pertinent objections within fifteen (15) days of receipt of the objection by the Building Official. If the Committee fails to notify the Building Official of its decision within such fifteen day period, or if the Committee makes a written finding that the Structure is not of an age, style, condition or character that is of historical, architectural or cultural significance to the Town of New Canaan, then the Building Official shall issue the demolition permit, provided the time for filing objections has passed, and provided that all other requirements of the State Demolition Code have been satisfied. If the Committee makes a timely written finding that the Structure is of historical, architectural or cultural significance to the Town of New Canaan, then the Building Official shall not issue the demolition permit until ninety (go) days after the date the Application was filed. In the event, however, that all pertinent written objections are withdrawn before the expiration of such ninety day period, or the Committee, having considered the steps that have been taken to accomplish the purpose of this ordinance, makes a finding that no further delay is appropriate, the Building Official shall issue the demolition permitprovided that all other requirements of the State Demolition Code have been satisfied.

§ 9. Factors for Consideration.

In carrying out the purposes of this ordinance, the Building Official and the Committee shall consider, in addition to other criteria developed by the Committee, the Structure’s significance in national, state, or local history, architecture, archeology, engineering, and culture. A Structure may be considered significant for any of the following reasons:

  1. The Structure is associated with events that have made a noted contribution to national, state, or local history;
  2. The Structure is associated with the lives of persons noted in national, state or local history;
  3. The Structure embodies distinctive characteristics of a type, period, or method of construction that is rare or disappearing and worthy of preservation; or represents the work of a noted architect, builder, or craftsman; or possesses high artistic values or distinctive design features or craftsmanship.

§ 10. Provisions supplemental.

This Ordinance is intended to supplement and not to limit any requirements now or hereinafter imposed on any applicant for or recipient of a Permit and to supplement and not to limit any authority now or hereafter granted to the Town Building Official by the Connecticut Basic Building Code and the State Demolition Code. The provisions of this ordinance shall not apply to any demolition ordered by the Town Building Official because of an emergency or threat to public health or safety.

§ 11. Pre-clearance of property.

Property owners or their agents may apply to the Historical Review Committee, prior to filing an application for a demolition permit, for an advance determination of whether the Structure is of historical, architectural or cultural significance to the Town of New Canaan. The application shall be on a form provided by the Building Official, and the application fee shall be established by the Board of Selectmen. The Historical Review Committee shall hold a public hearing on the application, and shall cause notice of the public hearing to be mailed to the owners of all properties adjoining (and across the street from) the property on which the Structure is situated, and to the New Canaan Historical Society, the New Canaan Historic District Commission, and any New Canaan taxpayer who has requested, in writing, from the Town Building Official copies of any such Notices filed pursuant to this Ordinance. The Committee shall cause notice of the public hearing to be published in a newspaper having substantial circulation in New Canaan, at least six days prior to the date of the public hearing. The legal notice shall specify the date, time and location of the public hearing, and shall identify the property on which the Structure is located. If the Committee determines that the Structure is not of historical, architectural or cultural significance to the Town of New Canaan, then the notice and objection provisions of §§ 4,5,6, and 8 of this ordinance shall not be applicable. Any such determination shall be valid for three years. If the Committee determines that the Structure is of historical, architectural or cultural significance to the Town of New Canaan, then such notice and objection provisions shall be applicable.

Demolition Delay Laws are as a basic preservation tool. Demolition delay ordinances are now in use around the country. They have a common history, but they take many forms, and are more effective in some communities than in others. Tod Bryant's 2005 paper addresses the history, structure and effectiveness of these ordinances and identifies some of their most useful elements. Read more about these laws in a 2005 paper by Tod Bryant below.