§ 711. Demolition Review

A. Purpose. The purpose of these provisions is to provide a process for review of alternatives to demolition of buildings or structures that importantly contribute to the historic resources of New Shoreham, to create an incentive for the reuse of existing structures, and to reduce the quantity of demolition debris generated on the Island.

B. Applicability. The Demolition Review provisions shall apply to all buildings and exterior elements thereof.

C. Procedure.

1. A permit may be issued by the Building Official for demolition of any building or structure to which these provisions apply only if he has determined, based upon his own examination and his review of evidence provided by the applicant and by any engineers or experts that the applicant may retain that:

a. The condition of the building or structure poses a serious and imminent threat to the public health and safety, and that there is no economically feasible alternative to the immediate demolition of the building or structure, or

b. Said building or structure is clearly devoid of reuse potential due to its existing condition or to physical barriers to moving the structure such as significant trees or topography, or

c. The demolition delay period set forth in Section 711(C)(5) below has expired.

2. For these purposes, "demolition" includes razing, removing from the site, or substantial destruction through removal of a roof (but not re-roofing), removal of one or more sides of a building (but not re-siding), or other combination of actions resulting in removal of more than twenty-five (25%) of the structural exterior of a building or structure.

3. Applicants for approval of demolition shall submit the following information to the Building Official:

a. A description of the proposed plans for demolition and the reason(s) therefore.

b. In the case of partial demolition involving additions or alterations, proposed plans and elevations for the affected portion of the building or structure.

c. In the case of complete razing or demolition, a description of efforts, if any, to implement an alternative to demolition, including any efforts to locate a purchaser of the building or structure who is willing to preserve, rehabilitate, or restore the building or structure.

4. Within twenty (20) days of receipt of the required submittals the Building Official shall issue to the applicant a notice of determination regarding whether immediate demolition is necessary per Section 711(C)(1)(a) or whether the building or structure is clearly devoid of reuse potential per Section 711(C)(1)(b). If the Building Official determines that the demolition may then proceed or if more than the allowable time for his or her decision under Section 711(C)(4) elapses, a permit for demolition may be issued in accordance with applicable law.

5. If the Building Official determines that immediate demolition is not required and that the structure has reuse potential a public notice shall be provided in a local newspaper at the expense of the applicant inviting letters of interest regarding the availability of a building or structure which is to be moved from the present location. Such notice shall include a description of the property and a way to contact the owner or owner's agent. Demolition may proceed if either:

a. Thirty (30) days elapse from the date of publication without receipt of one or more letters found by the Building Official to be bona fide expressions of interest; or

b. More than sixty (60) days elapse from the date of publication without a written agreement having been executed between the owner of the building or structure and a party seeking to acquire it for restoration or relocation.

D. Interim Arrangements. Where a written agreement has been executed as provided at Section 711(C)(5)(b) with security satisfactory to the Building Official assuring removal or, failing that, demolition of the building or structure, that building or structure may be temporarily relocated and may remain on the premises for up to six (6) months, during which period permitting and new construction may proceed on the premises without that building or structure being reflected in determinations made regarding zoning compliance. In such cases, no final certificate of occupancy shall be issued while the building proposed for removal or demolition remains on the site.

E. Enforcement. Demolition of a building or structure without first obtaining and complying fully with the determinations of the Building Official under Section 711 shall be subject to enforcement action as provided at Section 707, Enforcement. The period of violation shall begin as provided at Section 707(A)(2) and shall not end until restoration or compensatory provisions have been made to the satisfaction of the Building Official. Further, no building permit for new construction on the premises shall be issued for a period of two (2) years following the date of the unauthorized demolition."