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|Section 2. Definitions
Section 3. Review and approval required for demolition permits
Section 4. Duration; time limits
Section 5. Exceptions
Section 6. Judicial review
Section 7. Penalties; remedies
Section 8. Applicability
Section 9. Effective date
Chairman Linda W. Cropp at request of the Washington Convention Center Authority
A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA That this act may be cited as the "New Washington Convention Center Neighborhood Stability Permit Review Act of 1997."
Sec. 2. Definitions. For purposes of this act, the following words shall have the following meanings:
(1) "Demolition" or "Demolish" means the razing or destruction, entirely or in significant part, of a building or structure, and includes the removal or destruction of any facade of a building or structure.
(2) "Mayor" means the Mayor of the District of Columbia, or his designated agent.
(3) "Protected Property" means any building or structure 50 years old or older, within the boundaries of the following "Protected Areas." All of the following squares:
(4) "Unreasonable economic hardship" means that failure to issue a permit would amount to a taking of the owner's property without just compensation, or in the case of a low-income owner as determined by the Mayor, failure to issue a permit would place an onerous and excessive financial burden upon such owner.
Sec. 3. Review and approval required for demolition permits. All applications for demolition permits for Protected Properties shall be reviewed by the Historic Preservation Review Board (HPRB). No permit for demolition shall be issued by the Mayor for the demolition of any Protected Property unless the applicant obtains an exception pursuant to Section 6 of this act.
Sec. 4. Duration: time limits. The review and approval requirement of this act shall remain in effect for a period not to exceed eighteen months from the effective date of this act; unless the Council subsequently extends the duration of this act, the provisions of the act will thereafter expire. During this time, the Historic Preservation Review Board (HPRB) will review applications for historic districts within the Protected Area, which will be submitted pursuant to the Memorandum of Agreement (MOA) regarding the New Washington Convention Center, signed by the Council on September 4, 1997, together with the Mayor, the National Capital Planning Commission, and the Advisory Council on Historic Preservation, pursuant to Section 106 of the National Historic Preservation Act. The HPRB shall determine within 90 days of receipt of any such application, and within 45 days after holding a public hearing, whether to designate the historic district in accordance with existing HPRB criteria. In the absence of a decision by the HPRB within the required time, the application will be deemed approved. Within 30 days after a decision by the HPRB, the D.C. State Historic Preservation Officer (SHPO) shall issue a written determination on whether to nominate the historic district to the National Register of Historic Places. In the absence of a determination by the SHPO, the historic district nomination shall be forwarded to the Keeper of the National Register. Once a determination by the SHPO has been issued, and 30 days have passed after publication of notice in the D.C. Register, the requirements of this act will expire for all Protected Properties located within such district, and the provisions of the Historic Landmark and Historic District Protection Act of 1978, D.C. Law 2-144, D.C. Code §§ 51001 et seq., will apply if the historic district is designated; Provided, however, that the requirements of this act will continue to apply, until the act expires, to Protected Properties located within any other potential historic district or districts in the Protected Area for which a written determination has not yet been issued by the SHPO.
(1) This Act does not apply to buildings or structures that are less than 50 years old. An applicant may obtain a determination from Historic Preservation Review Board staff as to whether the property falls within this Exception.
(2) Any applicant denied a permit under this Act may request that the application be considered at the next regular public meeting of the Historic Preservation Review Board to seek issuance of the permit on the grounds that the building or structure does not contribute to a potential historic district.
(3) Any applicant denied a permit under this Act may request a public hearing before the Mayor to seek issuance of the permit, which shall only be issued if the Mayor determines that failure to issue a permit will result in unreasonable economic hardship to the owner. The owner shall submit, by affidavit, to the Mayor at least 20 days prior to the public hearing, at least the following information:
Sec. 6. Judicial review. All proceedings under this act shall be conducted in accordance with the applicable provisions of the District of Columbia Administrative Procedure Act, D.C. Code §§ 1-1501 et seq. Any final order of the Mayor under this act shall be reviewable in the District of Columbia Court of Appeals.
Sec. 8. Applicability. Notwithstanding any other provision of law, upon the effective date of this act, all pending applications for demolition permits for Protected Properties shall be subject to this act.
Sec. 9. Effective date. This act shall take effect after a 30-day period of Congressional review following approval by the Mayor (or in the event of veto by the Mayor, action by the Council of the District of Columbia to override the veto) as provided in section 602(c)(1 ) of the District of Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(1)), and publication in either the District of Columbia Register, District of Columbia Statutes-at-Large, or the District of Columbia Municipal Regulations.
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