[HISTORY: Adopted by the Town Meeting of the Town of Killingworth 10-13-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building Official — See Ch. 24.
Building construction — See Ch. 235.
Street numbers — See Ch. 404.
Subdivision regulations — See Ch. 485.
Zoning regulations — See Ch. 500.
[1]
Editor's Note: This ordinance also superseded former Ch. 238,
Buildings: Delay of Demolition, adopted 10-27-2008.
A.
This chapter shall be known as "An Ordinance to Encourage the Preservation
of Architecturally and Historically Significant Buildings by Delay
of Demolition."
B.
This chapter is duly enacted by the Town in order to:
(1)
Preserve and protect significant buildings and structures within
the Town which constitute or reflect distinctive features of the architectural,
cultural, economic, political or social history of the Town; and
(2)
To limit the detrimental effect on community character and heritage
that may result from the demolition of such buildings and structures.
C.
Under this chapter, the Town shall impose a waiting period of not more than 180 days before granting a permit for the demolition of any building or structure that is designated as "preferably preserved" according to the definitions in § 238-3 (below). Connecticut General Statutes § 29-406 authorizes municipalities to approve a waiting period before granting any permit for the demolition of any building, structure, or part thereof.
D.
By this chapter, Town residents are alerted to the anticipated demolition
of significant buildings or structures and the owners of such buildings
or structures are encouraged to consider preservation, restoration,
rehabilitation or relocation as alternatives to demolition. To achieve
this purpose, the Historic Review Committee or other designated body
is authorized to advise the local Building Official with respect to
demolition permit applications.
A.
This chapter shall not apply to applications for demolition due to
a threat to public health or to emergency demolition orders issued
by the Building Official due to a threat to public safety.
B.
This chapter shall not be construed to prevent the ordinary maintenance
or repair of any exterior architectural features, nor shall it prevent
the erection, alteration or removal of any such feature which the
Building Official certifies is required by the public safety because
of a condition which is unsafe or dangerous due to deterioration.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
A written request to the Town in an authorized format to
issue a permit for the demolition of a building or structure.
Any combination of materials assembled by human intent to
form a shelter for persons, animals or property.
A person hired or appointed by the Town to serve as Building
Inspector or otherwise duly authorized to issue demolition permits.
A standard day, including Monday through Sunday, and includes
all designated holidays.
The Historic Review Committee or other designated body authorized
to advise the Building Official on the issuance of demolition permits
under this chapter.
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.
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.
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.
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.
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:
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
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
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
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.
The building or structure is listed as an historically significant
building or site in the Killingworth Plan of Conservation and Development.
Any combination of materials assembled, built, or constructed
by human intent to shelter property or activities.
A.
No person, firm, corporation, or other entity shall demolish any
building, structure, or part thereof without obtaining a permit from
the Building Official.
B.
The Building Official shall not issue a demolition permit for a building
or structure that is, in part or in whole, at least 75 years old except
as provided in this chapter. If the age of the building or structure
is unknown, not indicated, or in dispute, it shall be assumed to be
at least 75 years old for the purpose of this chapter.
C.
In addition to complete demolition of a building or structure, the
following actions shall require a demolition permit under this chapter,
unless the Historic Review Committee determines that the action is
taken for the purpose of restoration or preservation of a building
or structure that is at least 75 years old:
(1)
Removal of a roof for the purpose of raising the overall height of
a roof, rebuilding the roof to a different pitch, or adding another
story to a building.
(2)
Removal of one or more exterior wall(s) or partition(s) of a building.
(3)
Gutting of a building's interior to the point where exterior
features (windows, doors, etc.) are impacted.
(4)
Removal, renovation, or modification of more than 25% of a structure's
overall gross square footage as determined by the Building Official.
(5)
The lifting and/or relocating of the subject building on its existing
site or to another site.
A.
Any person wishing to obtain a permit to demolish a building or structure more than 75 years old may, prior to making the application prescribed in § 238-5, submit to the Historic Review Committee, and the Committee may consider and discuss with the prospective applicant, a preliminary application. The submission of such preliminary application shall not constitute an application under § 238-5. Six copies of such preliminary application shall be filed and shall include:
(1)
A site plan 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.
(2)
A brief description of the building or structure, including
its age, construction materials, previous and present use, and reasons
for demolition.
(3)
A photograph of the building or structure.
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.
A.
The Building Official shall not issue a demolition permit for any
building or structure in the Town except under the provisions outlined
in this chapter.
B.
Upon adoption of this chapter, the Town, through the Board of Selectman,
shall appoint an Historic Review Committee of five persons. The initial
membership of the Committee shall be appointed by the Board of Selectmen
following the adoption of this chapter by Town Meeting, and their
terms shall begin as of the date of appointment and run as follows:
two members to serve until December 31, 2009, two members to serve
until December 31, 2010, and one member to serve until December 31,
2011. Thereafter, the term of each member shall be for one year. Vacancies
may be filled by the Board of Selectmen to fill the unexpired portion
of any term. No more than three members may be members of the same
political party. Nominations to the Historic Review Committee shall
be solicited from the Municipal Historian, the Killingworth Historical
Society, and other qualified agencies and associations.
C.
The Board of Selectmen shall appoint two alternate members to the
Historic Review Committee. The term of each alternate member shall
be for one year. An alternate member shall be seated by the Chairman
of the Historic Review Committee when a regular member of such Committee
is absent or is disqualified. Such alternate members shall, when seated,
have all the powers and duties of regular Historic Review Committee
members.
D.
For every building or structure for which an application for demolition
permit has been filed, the following process shall apply:
(1)
Within seven calendar days from the date of receipt of a complete
application, including all required attachments and enclosures as
well as payment of all applicable fees, the Building Official shall
forward a copy of the complete application to the Historic Review
Committee Chairman.
(2)
Within 15 calendar days from the date of receipt of a complete application, the Historic Review Committee shall make a written determination of the significance of the building or structure using the criteria stated in § 238-3 above.
(3)
Within 20 calendar days from the date of receipt of a complete application,
the Historic Review Committee shall provide the Building Official,
the legal owner(s) of record/applicant(s), and any/all tenants of
the subject building with a copy of the written determination listing
the reason(s) that the building or structure is either significant
or not significant. Except for notification to the Building Official,
all written findings shall be sent via certified mail with return
receipt.
(4)
If the building or structure is deemed not significant, or if the
Historic Review Committee fails to notify the Building Official, in
writing, of its determination within the allotted time, the Building
Official may proceed with issuance of the demolition permit.
(5)
Within 35 calendar days from the date of receipt of a complete application,
the Historic Review Committee shall hold a public hearing to solicit
public comment on any building or structure that the Historic Review
Committee has determined to be significant. Public notice of the time,
place, and purpose of the hearing shall be posted in a conspicuous
place in the Town Office Building for a period of not less than seven
days prior to the date of said hearing. The Historic Review Committee
shall also notify the Building Official, in writing, of the meeting
time and place. The legal owner(s) of record/applicant(s) and any
tenants shall also be notified, in writing, of the meeting time and
place, via certified mail/return receipt. Any interested party shall
have the opportunity to speak at the public hearing, subject to normal
limitations and procedures.
(6)
Within 45 calendar days from the date of receipt of a complete application,
unless the owner/applicant consents, in writing, to a continuance
of the date for such decision for a certain period of time, the Historic
Review Committee shall decide by majority vote whether the significant
building or structure is deemed preferably preserved. If that majority
vote is in the affirmative, the Historic Review Committee shall next
determine the length of time for such delay, to a maximum of 180 days
from the date of receipt of a complete application. The Historic Review
Committee shall notify the Building Official of its decision in writing.
The legal owner(s) of record/applicant(s) and any tenants shall also
be notified, in writing, of the Committee's decision.
(7)
Upon written notification of the legal owner(s) of record/applicant(s),
as well as any tenants, by the Historic Review Committee that the
building or structure is not preferably preserved; or if the decision
of the Historic Review Committee is appealed to the Board of Selectmen
and the Board upholds the appeal by determining that the building
or structure is not preferably preserved, or if the Historic Review
Committee fails to notify the Building Official of its decision within
the allotted time, the Building Official may then proceed to issue
a demolition permit.
(8)
Upon notification by the Historic Review Committee that the building
or structure is preferably preserved, the Building Official shall
delay the issuance of a demolition permit for the time period determined
by the Historic Review Committee from the date of receipt of a complete
application. During such delay period, the Building Official shall
not issue any permits for new construction or alterations on the subject
property.
(9)
Upon notification by the Historic Review Committee that a building
or structure is deemed to be preferably preserved, and within 60 calendar
days from the date of receipt of a complete application, or within
10 calendar days from the decision of the Board of Selectmen on final
appeal, the following actions shall be taken:
(a)
The applicant shall publish in a local newspaper having substantial
circulation in the Town a legal notice entitled a "Notice of Intent
to Demolish," which shall include:
[1]
Notice that an application has been filed for a demolition permit;
[2]
The common name and actual street address of the building or
structure to be demolished;
[3]
The name and address of the owner(s) of the building or structure
to be demolished;
[4]
The age of the building or structure to be demolished;
[5]
Notice that the Historic Review Committee has determined that
the building or structure is preferably preserved; and
[6]
The date after which the demolition permit can be issued.
(b)
The applicant shall mail copies of the Notice of Intent to Demolish
by certified mail with return receipt to the owners of all properties
adjoining and across the street from the property on which the building
or structure to be demolished is situated. In addition, the applicant
shall provide the Historic Review Committee copies of the signed receipts,
as they are returned;
(c)
The applicant shall mail copies of the Notice of Intent to Demolish
by certified mail with return receipt to the Killingworth Historical
Society, Town of Killingworth Municipal Historian, and to any person,
organization, firm, corporation, or other entity who has requested,
in writing, from the Town Building Official copies of any such notices
filed pursuant to this chapter. The Town Building Official shall maintain
the list of those requesting to be so notified, and shall delete from
the list those who do not annually renew in January, in writing, the
request to be notified; and
(d)
The Building Official shall oversee the posting of a sign by
the applicant in a conspicuous location of the property on which the
structure is situated. The sign shall be at least 24 inches by 36
inches in size, visible from the nearest public street. Such sign
shall include a copy of the Notice of Intent to Demolish and shall
contain the word "DEMOLITION" in capital letters no less than three
inches in height. If there is more than one structure or building
proposed for demolition, one sign shall be posted in respect to each
structure. All signs required hereunder shall remain posted on the
property, if the permit is issued, until the completion of all demolition
activities authorized by the permit.
(10)
If the Historic Review Committee shall decide that the building
or structure is deemed preferably preserved, then the owner and/or
applicant may appeal that decision to the Board of Selectmen. Such
an appeal shall be filed by the owner/applicant not more than 10 calendar
days from the date of Notice of Decision by the Historic Review Committee.
Such appeal shall be in writing, signed by the owner and applicant,
and shall include a statement concerning the basis for such appeal,
which may be procedural or factual or both. Upon notice of receipt
of such an appeal, the Historic Review Committee shall provide to
the Board copies of the application and all materials received and/or
considered by the Committee in its deliberations. The Board shall
hold a public hearing on said appeal within 25 calendar days of receipt
of said appeal, and such public hearing may be continued by the Board,
with the consent of the owner and/or applicant, for a maximum of an
additional 15 calendar days. The Board shall consider all of the material
provided to it by the Historic Review Committee and any additional
material or testimony received at the public hearing, and shall render
its decision on said appeal at a regular or special meeting held within
15 calendar days after the public hearing has been closed.
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.
A.
During the demolition delay period as determined by the Historic
Review Committee, the legal owner(s)/applicant(s) of a preferably
preserved property shall pursue and give due consideration to all
possible alternatives to demolition, including preservation, restoration,
rehabilitation, relocation or detailed recordation of the affected
building or structure. In order to avoid or mitigate the anticipated
effects of demolition, the legal owner(s)/applicant(s) shall make
a good faith effort to accommodate reasonable requests from any interested
parties for information about or possible access to the building or
structure for the sole purpose of evaluating alternatives to demolition.
All such written alternatives must be made in writing and made available
to both the legal owner(s)/applicant(s) and any tenants and the Historic
Review Committee.
B.
If no viable alternatives to demolition are identified and accepted
within the demolition delay period, the Building Official may proceed
to act on the permit application.
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.
A.
The fee for a demolition permit is based on the fair market value
of the demolition work, plus all administrative costs related to any
required public hearings. The applicant for the demolition work shall
pay a permit fee based on the fee schedule established in accordance
with the requirements of the State of Connecticut State Building Code[1] and § 29-406, Connecticut General Statutes.
All costs relating to the publication of a legal notice, certified
mailings, and the posting of the demolition sign, if applicable, shall
be collected prior to issuance of a demolition permit. Both established
fees and expenses relating to the demolition permit process are considered
to be nonrefundable, regardless of the outcome of the process.
[1]
Editor's Note: See Connecticut General Statutes § 29-251
et seq.
B.
No demolition permit, building permit or certificate of occupancy
shall be issued for the subject premises until all required fees and
costs have been paid.
A.
The Board of Selectmen and the Building Official are each specifically
authorized to institute, upon the recommendation of the Historic Review
Committee, any and all actions or proceedings, in law or in equity,
as they may deem necessary and appropriate to obtain compliance with
the requirements of this chapter or to prevent a threatened violation
thereof.
B.
During the application-processing period and during the demolition
delay period, if applicable, the owner shall adequately maintain and
protect the building or structure in order to prevent any further
deterioration. Failure to do so shall be considered demolition by
neglect and may be subject to penalties.
C.
In the case of full or partial demolition of any building or structure
in the absence of or in advance of a valid demolition permit, the
Building Official shall impose a two-year moratorium on the property
during which no earthwork, landscaping, construction or further demolition
may take place on the subject property or on any adjoining parcels
under common ownership and control.
D.
Any persons failing to abide by the provisions of this chapter or
Connecticut General Statutes §§ 29-401 through 29-415
shall be fined $1,000 or imprisoned not more than six months, or both,
per day, as each day constitutes a separate violation, pursuant to
Connecticut General Statutes § 29-254a.
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.
