[MassHistPres] Affirmative Maintenance Bylaws-Description and Case Studies

[Chris Skelly]

For our update of the guidebook Preservation through Bylaws and
Ordinances, we are changing the name Demolition by Neglect Bylaws to
Affirmative Maintenance Bylaws.  


AFFIRMATIVE MAINTENANCE BYLAWS - FOR UPDATE OF PRESERVATION THROUGH
BYLAWS AND ORDINANCES GUIDEBOOK
I would appreciate your review and comments on the one page definition
we have prepared.  In addition, I am looking for case studies to include
in our guidebook where an affirmative maintenance bylaw helped to
protect a significant historic resource.  Thanks for your assistance.
Chris.
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What is an Affirmative Maintenance Bylaw?
An Affirmative Maintenance Bylaw, also known as a Demolition by Neglect
Bylaw, is a general bylaw which is an effective tool for preserving
historic resources from loss due to lack of minimum maintenance.
"Demolition by neglect" is the gradual deterioration of a building due
to lack of routine or major maintenance to the point where demolition
may be required for safety reasons.  It can occur when buildings are
abandoned or neglected, but it can also occur through deliberate efforts
on the part of an owner to remove a building.  An Affirmative
Maintenance Bylaw provides local regulatory authorities the ability to
identify threatened buildings and mandate that owners make necessary
repairs to protect a building from further deterioration.  

How is it adopted?
An Affirmative Maintenance Bylaw is a general bylaw requiring a majority
vote of Town Meeting or the City Council.  At present there is no state
legislation and is, therefore, adopted pursuant to Home Rule authority.
It is typically drafted by your Local Historical Commission which should
work closely with the municipality's code enforcement officers and
building department to adopt and ultimately enforce such a bylaw.  

How does it work?
An Affirmative Maintenance Bylaw can take many forms, but typically
empowers a Local Historical Commission to identify threatened buildings
according to a clear set of standards.  Most communities adopt specific
standards for triggering an Affirmative Maintenance order that are tied
to loss or deterioration of specific and major features or elements of a
building or linked to the safety code enforced by the Building
Department.  Affirmative Maintenance bylaws can require owners to make
minimum repairs necessary to secure and stabilize the envelope of the
building.  Once a property has been identified as threatened with
demolition by neglect, the building owner is ordered to make minimum
repairs. If the owner fails to make such repairs, a fine can be levied
and/or the municipality can make the repairs and place a lien on the
property.  Most Affirmative Maintenance bylaws contain clear economic
hardship provisions, since this is often the claim made by an owner of a
deteriorating building.

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PRESERVATION THROUGH BYLAWS AND ORDINANCES
The Massachusetts Historical Commission is updating our guidebook
entitled "Preservation through Bylaws and Ordinances - Tools and
Techniques for Historic Preservation Used by Municipalities in
Massachusetts."  This guidebook contains descriptions on the variety of
local bylaws and ordinances currently in use in Massachusetts for
protecting historic resources and community character.  The guidebook
describes how each bylaw functions, includes a list of municipalities
that have passed each bylaw and summarizes success stories from around
the state.  Originally prepared in 1998, the guidebook has been
incrementally revised since then.  The current version of the guidebook
can be viewed online at http://commpres.env.state.ma.us/content/ptbo.asp

With assistance from a consultant team, the guidebook is undergoing
substantial revisions.  These include revising the bylaw descriptions,
researching new case study success stories and updating the list of
cities and towns with each bylaw.  

Each bylaw will have the following:
The first page will be a bylaw description summary that can fit on one
page.  The next two pages will include case study success stories with
text and photographs.  The fourth and last page will be the list of
municipalities with each bylaw.  

The draft list of bylaws to include in the guidebook is below:  
Accessory Apartment Use
Affirmative Maintenance Bylaws
Archaeological Protection
Cluster Development
Community Preservation Act
Demolition Delay
Design Review
Down Zoning
Downtown Revitalization
Flexible Zoning
Local Historic Districts
Neighborhood Architectural Conservation Districts
Phased Growth
Planned Unit Development
Right-to-Farm
Scenic Overlay
Scenic Roads
Site Plan Review
Transfer of Development Rights
Transportation Corridor Overlay
Upper Elevation Protection
Up Zoning
Village Center Zoning

Christopher C. Skelly
Director of Local Government Programs
Massachusetts Historical Commission
220 Morrissey Boulevard, Boston, MA 02125
Ph: (617) 727-8470 / Fax: (617) 727-5128
Christopher.Skelly at state.ma.us
http://www.sec.state.ma.us/mhc/mhcidx.htm
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