As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
Any person or entity who files an application with the Town
for a demolition permit. If the applicant is not the owner of the
premises upon which the building or structure is situated, the owner's
written consent or endorsement of the proposed application must be
provided on the permit application at the time of submittal.
APPLICATION
A written request to the Town in an authorized format to
issue a permit for the demolition of a building or structure.
BUILDING
Any combination of materials assembled by human intent to
form a shelter for persons, animals or property.
BUILDING OFFICIAL
A person hired or appointed by the Town to serve as Building
Inspector or otherwise duly authorized to issue demolition permits.
CALENDAR DAY
A standard day, including Monday through Sunday, and includes
all designated holidays.
COMMITTEE
The Historic Review Committee or other designated body authorized
to advise the Building Official on the issuance of demolition permits
under this chapter.
DELAY
A period of up to 180 calendar days imposed by the Town,
during which the owner of a preferably preserved property shall consider
any viable alternatives to demolition, including reservation, restoration,
rehabilitation, relocation or detailed recordation. The one-hundred-and-eighty-day
delay period shall begin on the date that the building official determines
that the application for a demolition permit is complete.
DEMOLITION
The intentional act of substantially pulling down, destroying,
dismantling, defacing, removing or razing a building or structure,
or commencing the work of a total, substantial, or partial destruction
with the intent of completing the same; also the act or process of
delaying or withholding maintenance of a building or structure in
such a way as to cause or allow significant damage to occur which
may result in a pubic hazard or nuisance.
DEMOLITION PERMIT
The Town permit issued by the Building Official authorizing
the full or partial demolition of an existing building or structure,
excepting for this chapter only any permit issued solely for the demolition
or removal of interior features with no effect on the exterior appearance
of the building or structure.
PREFERABLY PRESERVED
Any significant building or structure for which it is determined
by the Historic Review Committee, following a public hearing, to be
in the public interest to encourage preservation rather than demolition.
A preferably preserved building or structure shall be subject to a
demolition delay of up to 180 calendar days under this chapter.
SIGNIFICANT BUILDING
Any building or structure within the municipal boundaries
which, in whole or in part, is known or presumed to be at least 75
years old and which has been determined by the Historic Review Committee
or other designated authority to be significant to the community based
on one or more of the following criteria:
A.
The building or structure is listed on the State or National
Register of Historic Places, or is partially or completely within
the boundaries of an area so listed; or
B.
The building or structure has been determined by the State Historic
Preservation Office and/or the National Park Service to be eligible
for listing on the State or National Register of Historic Places;
or
C.
The building or structure has documented associations with one
or more historic persons or events, or with the broad architectural,
cultural, political, economic, or social history of the town, the
state, or the nation; or
D.
The building or structure has documented historical or architectural
importance in terms of period, style, method of construction, specific
use, or association with a recognized builder or architect, either
by itself or in the context of a group of buildings.
E.
The building or structure is listed as an historically significant
building or site in the Killingworth Plan of Conservation and Development.
STRUCTURE
Any combination of materials assembled, built, or constructed
by human intent to shelter property or activities.
Any person wishing to obtain a permit to demolish a building
or structure, in whole or in part, shall file an 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:
A. The common name, if any, and actual street address, as well as the
map and lot number, of the building or structure to be demolished.
B. The names, current addresses and telephone numbers of the legal owner(s)
and tenants, if applicable, of the building or structure to be demolished.
C. The age of the subject building or structure to be demolished, including
copies of the Assessor's records, deeds, and historical documentation,
substantiating the building's age.
D. The actual square footage or dimensions of the building or structure
to be demolished as determined by a Connecticut-licensed architect
or professional engineer.
E. A brief but detailed description of the construction materials, interior
configuration, and previous and present use of the existing building
or structure. (Drawings are encouraged.)
F. A series of photographs, including both the interior and the exterior
of the building or structure, showing at least two elevations. Exterior
photographs must include all sides of the subject building.
G. A detailed report substantiating the reason for requesting a demolition
permit. The report shall include documentation developed by a Connecticut-licensed
architect or professional engineer. Additionally, the applicant shall
provide a detailed A-2 Site Survey for the subject property, which
includes all existing structures, setbacks, landmarks, septic system
location, wells, outbuildings, and any stone walls or other historical
landmarks on the subject property.
H. The application must include the names and addresses of the current
owners of all properties adjoining (and across the street from) the
property on which the building or structure to be demolished is located,
according to an attached copy of a pertinent portion of the current
Assessor's map.
I. The applicant must also provide, at the time of application for a demolition permit, copies of the certified mail return receipt notifications for each of the notifications which have been sent to the property owners so listed within Subsection
H above.
J. No application for demolition will be accepted for any subject property
until all applicable fees are paid, and all back taxes have been paid
to current status.
If, after a thorough formal inspection, the Building Official
finds that a building or structure subject to this chapter poses an
immediate threat to pubic health or safety due to its deteriorated
condition and that there is no reasonable alternative to the immediate
demolition of the building or structure, then the Building Official
may issue an emergency demolition permit to the owner of the building
or structure. The Building Official shall forward a written report
to the Historic Review Committee detailing the condition of the building
or structure and the basis for the Building Official's decision.
Any permit issued pursuant to this chapter shall be valid for
a period of six calendar months from the date of issuance. If the
demolition contemplated by said permit has not commenced within said
six-month period, then the legal owner(s) of record of such building
or structure shall be required to apply for either an extension of
time, not to exceed six calendar months, or apply for a new demolition
permit. Such an application for either an extension or for a new permit
must satisfy all notification requirements of this article should
said owner still wish to demolish said building or structure.
The Historic Review Committee may select a chairman and secretary
and adopt such rules and regulations as are necessary to administer
the terms of this chapter.
In case any section, paragraph or part of this chapter shall
for any reason be declared invalid or unconstitutional by any court,
every other section, paragraph and part shall remain in full force
and effect.