Sec. 14-5. - Procedure for review of applications.

(a)

Certificate of appropriateness required. Before a property owner and/or applicant may authorize or commence construction, alteration, repair, removal or demolition affecting the exterior appearance of a structure or its appurtenances within the historic district or an existing structure designated to be of historic or architectural value in accordance with section 14-3, the owner must apply for and receive a certificate of appropriateness from the commission. The owner of the property must obtain a certificate of appropriateness for the project whether or not state law requires that he or she also obtain a permit from the local building official. The building official shall not issue a permit until the commission has granted a certificate of appropriateness. Provided, however, that a certificate of appropriateness need not be obtained in connection with a duly-authorized temporary expansion of a restaurant service area as provided for in section 25-16.

(b)

Submittal of applications. Submittal of applications shall proceed in accordance with the guidelines and procedures pursuant to section 14-4.1. and as follows:

(1)

Upon receipt of any application for a building permit, the building official shall independently verify whether the property is in an historic district or whether the structure has been designated as being of historic or architectural value. In making this independent verification, the building official shall consult the map of historic districts and its attachments as described in section 14-3.

(2)

Any application determined by the building official to pertain to a property or structure covered by section 14-3, must be submitted, along with all plans and other information received by the building official, to the historic district commission for review within ten working days of the filing of such application. Incomplete applications shall be returned to the applicant, and notice shall be sent to the building official within seven working days of receipt by the historic district commission of a completed application.

(3)

Town government entities proposing any activity described in subsection (a)(1) of this section for individuals, even though no building permit is required for such government entity, shall submit application and plans directly to the historic district commission before such activity is authorized. Town government entities submitting applications shall use the same forms and meet the same requirements as specified for individuals applying for certification.

(c)

Requirements for historic district commission review.

(1)

The historic district commission shall review all completed applications it receives at its next regular meeting, providing such completed applications are received by the commission at least ten working days before such meeting.

(2)

When reviewing applications, the historic district commission may confer with the applicant and may suggest what it thinks is proper for approval. If the applicant makes the suggested modifications, the historic district commission will consider the revised application at the next regular meeting.

(3)

The commission shall render a written decision either approving or denying, in whole or in part, the scope of work proposed and stating the reasons for such action. Those aspects of a project which are denied by the commission cannot be resubmitted for one calendar year from the date of first receipt by the commission. A denial by the commission shall be binding upon the building official and no permit shall be issued or work authorized in such case.

(d)

Certificate of appropriateness. The historic district commission shall, transmit a copy of the decision of approval, to the building official. No permit shall be issued or work begun until such certificate shall be signed by the chairperson or vice-chairperson and attached to the building permit application. The chairperson or vice-chairperson shall also stamp and sign all plans or prints submitted to the historic district commission, signifying its approval. Approvals are good for one year from the date of their issuance, providing work has commenced during that year. Extensions for the same approved plans for one year may be requested without a new complete application providing such request is made during the year of the initial approval.

(e)

Failure of the historic district commission to act. The failure of the historic district commission to act within 45 days of the certification of an application as complete, shall be deemed to constitute approval, unless an extension is agreed upon mutually by the applicant and the commission. If, however, the commission shall make a finding that circumstances of a particular application require further study and information than can be obtained within such period of 45 days, then, the historic district commission shall have a period of up to 90 days within which to act upon such application.

(Ord. No. 2003-14, 8-6-03; Ord. No. 2020-04, 7-1-20)