[HISTORY: Adopted by the Board of Trustees
of the Village of Hamburg 10-15-2018 by L.L. No. 4-2018.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building department — See Ch. 17.
Property maintenance — See Ch. 182.
Zoning — See Ch. 250.
[1]
Editor's Note: This local law also repealed former Ch. 44,
Historic Preservation, adopted 10-15-2001 by L.L. No. 7-2001.
This chapter shall be known and may be cited as the "Village
of Hamburg Landmarks Preservation Local Law."
A.
The Village Board of Trustees finds that there exists within the
Village of Hamburg places, sites, structures and buildings of historic
or architectural significance, antiquity, uniqueness of exterior design
or construction, which should be conserved, protected and preserved
to maintain the architectural character of Hamburg Village to contribute
to the aesthetic value of the Village and to promote the general good,
welfare, health and safety of the Village and its residents.
B.
The purpose of this chapter is to promote the general welfare by
providing for the identification, protection, enhancement, perpetuation
and use of buildings, structures, signs, features, improvements, sites
and areas within the Village that reflect special elements of the
Village's historical, architectural, cultural, economic or aesthetic
heritage for the following reasons:
(1)
To foster public knowledge, understanding, and appreciation of the
beauty and character of the Village and in the accomplishments of
its past;
(2)
To ensure the harmonious, orderly, and efficient growth and development
of the Village;
(3)
To enhance the visual character of the city by encouraging new design
and construction that complements the Village's historic buildings;
(4)
To protect and promote the economic benefits of historic preservation
to the Village, its inhabitants and visitors;
(5)
To protect property values in the Village;
(6)
To promote and encourage continued private ownership and stewardship
of historic structures;
(7)
To identify as early as possible and resolve conflicts between the
preservation of historic landmarks/districts and alternative land
uses; and
(8)
To conserve valuable material and energy resources by ongoing use
and maintenance of the existing built environment.
Pursuant to Article 5, § 96-a; Article 5-G, Article 5-J and Article 5-K, § 119-dd of the General Municipal Law; Article 14 of the Parks, Recreation and Historical Preservation Law; and § 10 of the Municipal Home Rule Law; it is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of landmarks and historic districts are necessary to promote the cultural, economic and general welfare of the public.
There is hereby created a commission to be known as the Village
of Hamburg Historic Preservation Commission.
A.
Membership. The Commission shall consist of seven members.
B.
Appointments. Members of the Commission shall be appointed by the
Village Mayor subject to approval of the Village Board of Trustees.
No person appointed to the Commission can also serve as a member of
the Village governing board establishing the Commission.
C.
Term of office. The terms for all members of the Commission shall
be staggered and fixed so that the term of one or two member(s) shall
expire at the end of the Village term calendar year (April 3) in which
all such commission members were initially appointed. The terms of
the remaining members shall be so fixed that one or two term(s) shall
expire at the end of Village term calendar year (April 3) thereafter.
At the expiration of the term of each member first appointed, his
or her successor shall be appointed for a term which shall be four
years.
D.
Qualifications. To the extent possible, Commission members shall
be required to have the following expertise:
(1)
At least one shall be a historian;
(2)
At least one shall be an architect;
(3)
At least one shall be a state-licensed real estate professional;
(4)
At least one shall have demonstrated significant interest in and
commitment to the field of preservation planning as evidenced either
by involvement in a local or regional historic preservation group,
employment or volunteer activity in the field of preservation planning,
or other serious interest in the field; and,
(5)
All members shall have a known interest in historic preservation
and planning within the Village of Hamburg.
E.
Vacancies. Vacancies occurring in the Commission other than by expiration
of term of office shall be filled by appointment of the Village Mayor.
Any such appointment shall be for the unexpired portion of the term
of the replaced member, and the appointment must be made in accordance
with the criteria established above for original appointments.
F.
Reappointment. Members may serve for no more than a maximum of two
full four year terms before stepping down from the Commission. A previous
appointee may be reappointed after a two year hiatus from the Commission.
Each member shall serve until the appointment of a successor, or until
they serve two consecutive four year terms. The term limits imposed
by this subsection may be waived or modified by resolution of the
Village Board of Trustees upon recommendation of the Commission when,
in the judgment of the Village Board of Trustees, it is in the best
interest to do so.
G.
Compensation. Members shall serve without compensation.
H.
Training and attendance requirements:
(1)
Each member of the Commission shall complete, at a minimum, four
hours of training each year designed to enable such members to more
effectively carry out their duties. Training received by a member
in excess of four hours in any one year may be carried over by the
member into succeeding years in order to meet this requirement. Such
training shall be approved by the Village Board of Trustees and may
include, but not be limited to, training provided by a municipality,
regional or county planning office or commission, county planning
federation, state agency, statewide municipal association, college
or other similar entity. Training may be provided in a variety of
formats, including but not limited to, electronic media, video, distance
learning and traditional classroom training.
(2)
To be eligible for reappointment to the Commission, a member shall
have completed the training approved by the Village Board of Trustees.
(3)
The training may be waived or modified by resolution of the Village
Board of Trustees when, in the judgment of the Village Board of Trustees,
it is in the best interest to do so.
(4)
No decision of a commission shall be voided or declared invalid because
of a failure to comply with this subsection.
A.
Chairperson; designation and duties.
(1)
The Village Board of Trustees may designate the Chairperson of the
Commission. In the absence of the Village Board of Trustees'
designation, the chairperson of the Commission shall be designated
by vote of an affirmative majority of the members of the Commission.
(2)
The Chairperson shall have the right to vote in all matters before
the Commission.
(3)
The Chairperson shall appoint a Vice Chairperson. The Vice Chairperson
shall perform the responsibilities of the Chairperson when the Chairperson
is absent.
(4)
All meetings of the Commission shall be held at the call of the Chairperson
and at such other times as the Commission may determine by affirmative
vote. Such Chairperson, or in his or her absence, the acting Chairperson,
may administer oaths and compel the attendance of witnesses.
B.
Secretary. The Village Mayor shall appoint a secretary to serve as
Secretary to the Commission. At the time of service, the Secretary
shall not also serve as member of the Commission. The Secretary shall
keep a record of all resolutions proceedings, and actions of the Commission,
as well as attendance of Commission members.
C.
Quorum. A simple majority of the Commission members shall constitute
a quorum for the transaction of business. An affirmative majority
vote of the full Commission is required to approve any resolution,
motion or other matter before the Commission.
A.
Records. The Commission shall be subject to the provisions of the
Public Officers Law, including Article 7 related to the Open Meetings
Law. The Commission records shall be readily available to the public.
The vote or failure to vote of each Commission member shall be recorded.
If any Commission member abstains from voting based on a conflict
of interest or otherwise, the member must also state his or her reason(s)
or ground(s) for doing so on the record.
B.
Annual reports. The Commission shall submit an annual report of its
activities to the Mayor and each member of the Village Board of Trustees
and make such recommendations to the Village Board of Trustees as
the Commission deems necessary to carry out the purposes of this chapter.
A.
Regulations. The Commission may recommend to the Village Board of
Trustees regulations relating to any subject matter over which the
Commission has jurisdiction under this local law. Any such recommendation
may be adopted by local law of the Village Board of Trustees.
B.
By-laws; meetings. The Commission may propose by-laws that are consistent
with the regulations adopted by the Village Board of Trustees. Such
by-laws shall provide for the time and place of holding regular meetings;
and may provide for the calling of special meetings by the Chairperson
or by written request of at least two members of the Commission. Regular
meetings shall be held at least once a month. All regular or special
meetins of the Commission shall be consistent with the notice provisions
of the New york Open Meetings law and shall be open to the public.
All proposed by-laws shall be approved by the Village Board of Trustees.
The Commission may, in its by-laws, establish permanent or ad
hoc committees consisting of no less than three current members of
the commission for assignments assigned to it by the full Commission.
A.
General and advisory powers. The Commission shall, from time to time:
(1)
Review any local laws or regulations, including existing landmarks
or historic preservation laws or regulations in the Village, and recommend
to the Village governing board any changes and amendments thereto;
(2)
Recommend to the Village Board of Trustees additional regulations
to be adopted by local law that may be necessary for the Commission
to conduct its business, consistent with the scope and intent of this
chapter;
(3)
Recommend to the Village Board of Trustees specific criteria for
regulations to be adopted by local law that identify and catalogue
significant historic landmarks, and from time to time advise it on
suggested changes thereto;
(4)
Designate landmarks and historic districts under this landmarks preservation
chapter and from time to time changes thereto;
(5)
Maintain an inventory of locally designated historic resources or
districts within the Village and publicize the inventory;
(6)
Recommend to the Village Board of Trustees additional criteria to
be adopted in local law to be used when evaluating applications for
a certificate of appropriateness;
(7)
Recommend to the Village Board of Trustees proposals for the acquisition
of preservation easements or other interests in real property;
(8)
Conduct investigations, prepare maps, reports and recommendations
in connection with its advisory authority relating to the planning,
development and administration of the Village landmarks preservation
policies, regulations and local law as needed, provided the total
expenditures of said commission shall not exceed the appropriation
provided by the Village Board of Trustees together with any public
or private grant funding received by the Village for the commission
to undertake its landmarks preservation powers and duties.
(9)
Report on matters referred to it by the Village Board of Trustees.
The Village Board of Trustees may by resolution provide for the referral
to the commission for a report on any matter or class of matters that
impact the municipality's landmarks preservation local law, policies,
regulations or administrative processes before final action is taken
thereon by the Village Board of Trustees. The Village Board of Trustees
may further stipulate that final action thereon shall not be taken
until the commission has submitted its report thereon, or has had
a reasonable time, to be fixed by the Village Board of Trustees in
said resolution, to submit the report.
B.
Administrative reviews. In accordance with the regulations adopted
by the Village Board of Trustees for landmarks and historic preservation
purposes, the Commission shall:
(1)
Evaluate an application for a certificate of appropriateness; approve,
approve with modifications, or deny any proposal for exterior changes
to a designated individual landmark or property within a designated
historic district resulting from any such application;
(2)
Evaluate an application for a certificate of economic hardship; approve,
approve with modifications, or deny any such application;
(3)
Evaluate an application for a certificate of appropriateness for
demolition, removal or relocation; approve, approve with modifications,
or deny any such application;
(4)
Evaluate, without public hearing, an application for ordinary maintenance
and repair of historic resources, properties or landmarks; approve,
approve with modifications, or deny any such applications;
(5)
Perform other functions that the Village Board of Trustees may designate
by local law.
C.
A commission may designate a historic district under this historic
preservation chapter and that historic district is not to be construed
as a zoning district under the Village law. Nothing contained in this
historic preservation chapter shall be construed as authorizing the
Commission to adopt a law or regulation that regulates or limits the
height and bulk of buildings, regulates and determines the area of
yards, courts and other open spaces, regulates density of population
or regulates or restricts the locations of trades, residences or industries
or creates zoning districts for any such purpose.
All Village departments shall, upon request of the commission,
assist and furnish available permits, plans, reports, maps and statistical
and other information in that department's possession which the
commission may require for its work.
The Commission shall designate landmarks or historic districts
within the Village under this chapter.
A.
Individual landmark. The Commission may designate an individual property
as an individual landmark if it:
(1)
Exemplifies or possesses special character, or historic or aesthetic
interest of value as part of the political, economic, or social history
of the Village;
(2)
Is identified with persons or events significant in local, state,
or national history;
(3)
Embodies the distinguishing characteristics of a type, period or
method of construction or design style, or is a valuable example of
the use of indigenous materials or craftsmanship; or is representative
of the work of a designer, architect or builder;
(4)
Represents an established and familiar visual feature of the community
by virtue of its unique location or singular physical characteristic,
represents an established and familiar visual feature of the community;
or
(5)
Has yielded or may be likely to yield information important in prehistory
or history.
B.
Historic district. The Commission may designate a group of properties
within the Village as an historic district if a majority of properties
therein:
(1)
Contains properties which meet one or more of the criteria for designation
as a landmark and which may have within its boundaries other properties
or structures that, while not of such historic and/or architectural
significance to be designated as landmarks, nevertheless contribute
to the overall visual characteristics of the landmark or landmarks
located within the historic district; and
(2)
Constitute a unique section of the Village by reason of possessing
those qualities that would satisfy such criteria.
C.
Scenic landmark. The Commission may designate a landscape feature
or group of features. Recommendations for designation must be accompanied
by such historical and architectural information as is required by
the commission to make an informed recommendation concerning the application,
together with any fee set by the Village Board of Trustees.
D.
The boundaries of each landmark, scenic landmark or historic district
shall be specified in detail with reference to the tax map identification
number and shall be filed, in writing, in the Village Clerk's
office and there made available for review by the public.
E.
Ordinarily, properties that have achieved significance within the
past 50 years are not considered eligible for designation under this
landmarks preservation chapter or local law adopted by the Village
Board of Trustees. However, such properties will qualify if they are:
The Commission shall designate individual landmarks or historic
districts in the following manner:
A.
Initiation of proposed designation. Designation of an individual
historic landmark or historic district may be proposed by the Commission,
by the owner of the property, or by any resident of the Village. Within
five days of the receipt of a proposal of designation, or of the time
the Commission makes a proposal of designation, notice shall be personally
served upon the property owner or mailed by registered mail, FedEx,
UPS or any other similar delivery system, to the owner of the property
to be designated notifying the owner of the proposed designation.
B.
Public hearing; general notice.
(1)
Within a reasonable time after receipt of a full application or other matter referred to it, the Commission shall schedule a public hearing on all proposed resource, individual, landmark or historic district designations. Public notice of any such hearing shall be given by publication in a newspaper of general circulation within the Village at least 15 days prior to the public hearing date. Notification of the public hearing shall be mailed directly to the property owner in the manner set forth in Subsection A above.
(2)
The Commission shall require submission of written comments on the
application prior to designation of any landmark, scenic landmark
or historic district.
(3)
The Commission, property owners, and any interested parties may present
testimony or documentary evidence at the hearing which will become
part of a record regarding the historic, architectural, or cultural
importance of the proposed resource, individual, landmark or historic
district. The Commission shall maintain a written record of all evidence
and/or testimony provided at the hearing regardless of whether such
evidence or testimony supports or opposes the proposed designation.
C.
Notice of public hearing; multiple properties proposed for designation.
(1)
Ten properties or less: Notice of public hearing for a proposed designation
involving no more than 10 properties shall be sent as required by
§ 44-12(A) above to the owners of properties located within
the area of the proposed historic district at least 15 days prior
to the date of the public hearing. Such notice shall include a description
of the properties proposed for designation and state the time and
place where any public hearing to consider such designation will be
held by the Commission.
(2)
More than 10 properties: Where the proposed designation of an historic
district includes more than 10 properties and the commission deems
individual notice infeasible, notice may, with the prior approval
of the Village Board of Trustees, instead be published at least once
in newspaper of general circulation in the Village at least 15 days
prior to the date of the public hearing. The notice shall specify
the time and place of the public hearing, a brief description of the
proposed designation, and the location where the proposal may be reviewed
prior the hearing.
D.
Work moratorium. Once the Commission has issued notice of a proposed
designation it may recommend to the municipal governing board that
a moratorium be put in place, prohibiting any work relating to the
individual landmark or district proposed for designation as long as
the proposed designation is under active consideration by the Commission
and until the Commission has made its decision on designation.
E.
Commission record. The Commission shall compile a public record of
all of the evidence and testimony submitted during the proceeding
for its designation of a resource, landmark or historic district.
In addition to testimony or documentary evidence received at any public
hearing, the record may also contain reports, public comments, expert
testimony, or other evidence offered outside of the hearing, but submitted
for the Commission's consideration by the date of the hearing.
The Commission may, at its discretion, accept further evidence submitted
after the public hearing, and may set deadlines regarding the submission
thereof. At a minimum, the record of the designation shall contain
the application, commission and/or staff reports, any comments made
on the application at the public hearing, and the Commission's
decision to approve, approve with modifications, or deny the application
requesting designation.
F.
Commission decision. Within 62 days after the close of the public
hearing, the Commission shall by resolution undertake a designation
in whole or in part, or shall disapprove in entirety, setting forth
in writing the reasons for the decision. Within seven days, notice
of the Commission's recommendation shall be sent to the applicants
and owners of a designated property, or in the case of an approved
historic district, notice shall be sent to the applicants and owners
of all properties within the approved district, as well as to the
governing board of the municipality.
G.
The Commission may agree with the applicant in writing to extend
the time period within which a designation will be made.
H.
The Commission shall forward notice of each property designated as
an individual landmark and the boundaries of each designated historic
district to the building department, planning department, Village
Clerk and County Clerk for recordation.
I.
Failure to send notice. The Commission shall exercise due diligence
in serving notice upon a property owner whose property is proposed
for designation. The Commission shall maintain any affidavits of service
and/or mailing related thereto. Failure to send any notice by mail
to any property owners where the address of such owner is not a matter
of property tax records shall not invalidate any proceedings in connection
with the proposed designation.
J.
Amendment or rescission. The Commission may amend or rescind any
designation of an individual landmark or historic district in the
same manner and procedure as followed for designation.
A.
The Village of Hamburg commission is responsible for the approval
or disapproval of proposals for exterior changes to a historic property
designated under this chapter. No person shall carry out any exterior
alteration, restoration, reconstruction, demolition, new construction,
or move of a designated historic landmark or property within a designated
historic district without first obtaining a certificate of appropriateness
that authorizes such work from the Village of Hamburg commission.
The certificate of appropriateness required by this chapter shall
be in addition to and not in lieu of any building permit or other
approval that may be required by any other local law or regulation
of the Village of Hamburg.
B.
All changes to Village-owned property affecting an individual landmark
or within a historic district shall be subject to the provisions of
this chapter.
C.
The Building Department and/or Code Enforcement shall receive and
file all applications issued for any individual landmark, or landmarks
or historic district to which this chapter applies. The Building Department
and/or Code Enforcement shall transmit a copy of any such application
to the commission.
D.
The Commission may require that the application for certificate of
appropriateness be supplemented by such additional information or
materials as may be necessary for a complete review by the Commission.
The Commission may impose such reasonable conditions or restrictions
as it deems necessary or appropriate on a case-by-case basis to promote
or achieve the purpose of this chapter.
A.
Certificate of appropriateness; general criteria. The Commission
shall approve the issuance of a certificate of appropriateness only
if it determines that the proposed work will not have a substantial
adverse effect on the aesthetic, historical, or architectural significance
and value of the individual landmark or if the proposed work is within
a historic district, proposed work will not have a substantial adverse
effect on the aesthetic, historical, or architectural significance
of the property itself, the district or neighboring properties in
such district.
B.
In making this determination, the Commission's decision to approve,
approve with modification(s) or deny an application for a certificate
of appropriateness for an individual landmark or scenic landmark will
be guided by the Secretary of the Interior's Standards for Rehabilitation
and by the following principles:
(1)
The Commission's decision to approve, approve with modification(s)
or deny an application for a certificate of appropriateness for an
improvement to property located within a historic district shall be
based on the following principles:
(a)
Properties which contribute to the character of the historic
district shall be retained, with their historic features altered as
little as possible;
(b)
Any alteration of existing properties shall be compatible with
the surrounding historic district; and
(c)
New construction shall be compatible with the historic district
in which it is located.
C.
In applying the principle of compatibility set forth in Subsection B of this section, the Commission shall consider the following factors:
(1)
The general design and character of the proposed alteration or new
construction relative to existing features of the property or improvement;
(2)
The scale and visual compatibility of the proposed alteration or
new construction in relation to the property itself, surrounding properties,
and the neighborhood;
(3)
Texture and materials, and their relation to similar features of
the property and other properties in the neighborhood;
(4)
Visual compatibility with surrounding properties, including proportion
of the property's facade, proportion and arrangement of windows
and other openings within the facade, roof shape, and the rhythm of
spacing of properties on streets, including setback; and
(5)
The importance of historic physical and visual features to the significance
of the property.
D.
In approving an application for a certificate of appropriateness,
the Commission shall find that the building or structure for which
the permit was requested, if erected or altered in accordance with
the submitted plan or with stated modifications, would be consistent
with the spirit and intent of this local law, would not be visually
offensive or inappropriate by reason of poor quality of exterior design,
monotonous similarity or visual discord in relation to the sites or
surroundings, would not mar the appearance of the area, would not
impair the use, enjoyment and desirability or reduce the values of
properties in the area, would not be detrimental to the character
of the neighborhood, would not prevent an appropriate development
and utilization of the site or of adjacent lands and would not adversely
affect the functioning economic stability, prosperity, health, safety
and general welfare of the community.
E.
Where the Commission grants a certificate of appropriateness under
circumstances where the permitted activity is likely to uncover or
affect archaeological resources, the Commission shall require reasonable
efforts to protect and preserve such resources. Where such protection
and preservation is not feasible, the Commission shall nonetheless
impose appropriate and reasonable conditions to insure that the archaeological
resource is made accessible for a reasonable period to qualified persons.
F.
In considering an application for a certificate of appropriateness,
the Commission shall not review changes to exterior paint colors.
A.
Prior to the commencement of any work requiring a certificate of
appropriateness, the property owner shall file an application for
a building permit with the Village Code Enforcement and an application
for such certificate with the Commission.
B.
The application for certificate of appropriateness shall contain:
(1)
Name, address, and telephone number of applicant;
(2)
Building permit application number as assigned by the Building Department/Code
Enforcement;
(3)
Location and photographs of property;
(4)
Elevation drawings of proposed changes, if available;
(5)
Perspective drawings, including relationship to adjacent properties,
if available;
(6)
Samples of building materials to be used, including their proposed
color;
(7)
Where the proposal includes signs or lettering, a scale drawing showing
the type of lettering to be used, all dimensions and colors, a description
of materials to be used, method of illumination, and a plan showing
the sign's location on the property; and any other information
which the Commission may deem necessary in order to visualize the
proposed work.
C.
Upon receipt of all the information required herein, the Commission
shall deem the application complete and shall place the application
on the agenda of the next meeting of the Commission.
D.
Upon submission of a complete application, the Commission shall have
the authority to, without public hearing and notice:
(1)
Determine whether the proposed work constitutes ordinary maintenance
and repair for which a certificate of appropriateness is not required;
(2)
Approve work which is considered replacement-in-kind;
(3)
Approve work that is of any other type that has been previously determined
by the Commission to be appropriate for delegation to staff.
E.
The Commission is required to report to the Village Board of Trustees
on a monthly basis on all activities for which applications were submitted
and decisions were made without any public hearing and notice.
A.
Upon application for a certificate of appropriateness, a public notice
of the proposal shall be posted by the owner or owner's representative
on the property for a minimum of 10 days. This notice must remain
in place until a decision to approve or deny the certificate of appropriateness
has been made. The notice shall specify the proposed work, the time
and place of the public hearing, and to whom and by when any public
comments are to be communicated. The notice must be placed at or near
the property line in the front yard so that it will be plainly visible
from the street, and, in cases where a property has frontage on more
than one street, an additional sign must be placed at or near the
property line on any additional street frontage so that the sign will
be plainly visible from the street on which it has such additional
frontage.
B.
The Commission shall hold a public hearing prior to rendering a decision
on any application for a certificate of appropriateness. Notice of
the public hearing shall be published in a newspaper of general circulation
in the Village at least 15 calendar days prior to the public hearing
date. The notice shall specify the time and place of the public hearing,
a brief description of the proposal, and the location where the proposal
may be reviewed prior to the hearing. The property owner and any interested
party may present testimony or documentary evidence regarding the
proposal at the hearing, which will become a part of the record. The
record may also contain staff reports, public comments, and other
evidence offered outside of the hearing, but presented by the hearing
date.
C.
Within 62 days after the close of the public hearing, the Commission
shall approve, approve with conditions or modifications, request additional
information, or deny the certificate of appropriateness.
D.
In the event, however, that the Commission shall make a finding of
fact that the circumstances of a particular application require further
time for additional study and information than can be obtained within
the aforesaid 62-day period after close of the public hearing, then
the Commission shall have a period of up to one additional 62-day
period from the date of any such finding within which to act upon
such an applications.
E.
All decisions of the Commission shall be in writing. A copy shall
be sent to the applicant by mail, and a copy filed with the Code Enforcement
and Village Clerk for public inspection, within ten days of the date
of the decision. The Commission's decision shall state the reasons
for denying or modifying any application.
A.
Once the Commission has received a complete application requesting
a certificate of appropriateness it may request the Village Board
of Trustees to adopt a moratorium prohibiting the issuance of any
building permits or demolition permits, relating to any property or
resources that is the subject of the application, as long as the application
is under active consideration by the Commission and until the commission
has made its decision.
B.
The Commission's request for a temporary moratorium shall include
the reasons the Commission deems the imposition of such a moratorium
is in the best interest of the public or to preserve the historic
landmark or district. Copies of the Commission's request for
imposition of a temporary moratorium shall be sent to the applicant
by registered mail return receipt requested or hand delivered to the
applicant's representative of record.
C.
An applicant for a certificate of appropriateness may petition the
Village Board of Trustees for the lifting of any moratorium to allow
certain work to proceed pending the Commission's determination
to approve, approve with modification(s) or to deny the application,
if such work would not affect the historic features under consideration.
The applicant shall send a copy of the petition with all supporting
documents to the Commission. Before the Village Board of Trustees
renders a decision on the applicant's petition, it shall hold
a hearing if requested by the Commission or member of the public.
D.
The certificate of appropriateness required by this chapter shall
be in addition to and not in lieu of any building permit or other
approval that may be required by any other local law or regulation
of the Village of Hamburg.
Certificates of appropriateness shall be valid for 24 months,
after which time the owner shall apply for a new certificate if he/she
still wishes to undertake work on the property. At least two months
prior to expiration of the twenty-four month-period the owner may
apply for an extension in writing and explain the reasons for the
extension. The Commission may grant up to two six-month extensions.
A written application for an extension of a certificate of appropriateness
approval shall not be considered an application for a new certificate
of appropriateness.
A.
An applicant whose certificate of appropriateness for a proposed
alteration of a landmark property has been denied may apply for relief
on the ground of economic hardship. In order to prove the existence
of economic hardship related to a proposed alteration, the applicant
shall establish that the denial of a certificate of appropriateness
will prevent the property owner from earning a reasonable return on
investment, regardless of whether that return represents the most
profitable return possible.
B.
As promptly as is practicable after making a preliminary determination
of hardship as provided in this chapter, the Commission, with the
aid of such experts as it deems necessary, shall, in consultation
with the applicant, endeavor to develop a plan whereby the improvement
may be preserved and perpetuated in such manner as to effectuate the
purpose of this chapter, and also rendered capable of earning a reasonable
return.
C.
Consultation; plan development. The applicant shall consult in good
faith with the Commission, local preservation groups, and other interested
parties in a diligent effort to seek an alternative that will result
in appropriate preservation of the property. The consulting parties
may include interested purchasers, as well as preservation and other
interested organizations, public agencies, developers, real estate
agents and individuals who may be instrumental in developing an economically
feasible solution.
D.
Economic hardship; criteria. Following the denial of a certificate
of appropriateness, the applicant may request a certificate of economic
hardship. In all cases other than a proposed demolition, removal or
relocation, the applicant shall prove the existence of economic hardship
by demonstrating to the Commission that: the applicant cannot realize
a reasonable return if compliance with the Commission's decision
is required, provided, however, that the lack of reasonable return
is proven by the applicant to be substantial as demonstrated by competent
financial evidence; that the alleged hardship relating to the property
in question is unique, and does not apply to a substantial portion
of the district or neighborhood; that the requested relief, if granted,
will not alter the essential character of the neighborhood; and that
the alleged hardship has not been self-created.
E.
The Commission, in the granting of a certificate of economic hardship,
shall grant the minimum terms deemed necessary and adequate to address
the unnecessary hardship proven by the applicant, and at the same
time preserve and protect the character of the neighborhood and the
health, safety and welfare of the community.
F.
Public hearing.
(1)
The Commission may hold a public hearing on the hardship application
at which an opportunity will be provided for the applicant and public
to present their views on the hardship application.
(2)
If no public hearing is held, the Commission must render a decision
on the hardship application within 62 days following its receipt of
a complete application.
(a)
A complete application includes the conclusion of all activities under Subsection C initiated to consult with necessary parties to determine whether the property may be preserved or rehabilitated in a manner that alleviates the hardship that would otherwise result while substantially accomplishing the goals of this local law.
(b)
A complete application also includes receipt by the Commission
of all submissions necessary to meet the applicant's burden of
proof.
(3)
Following the submission of a complete application, the Commission
may schedule a public hearing within a reasonable time and determine
within 62 days following to the close of any public hearing held on
the application whether the applicant has met his or her burden of
proof.
G.
Commission decision.
(1)
If the Commission finds that the applicant's burden of proof
has not been met, the Commission shall deny the application for a
certificate of economic hardship.
(2)
If the Commission finds that the applicant's burden of proof
has been met, the Commission shall issue a preliminary determination
of landmarks or economic hardship within 62 days of the close of any
public hearing held on the application or within 62 days after the
Commission has received a complete application.
(3)
Within 62 calendar days following the Commission's preliminary
determination of economic hardship the Commission must make a final
determination.
(4)
A decision of the Commission on the hardship application shall be
in writing and shall state the reasons for granting or denying it.
A copy shall be sent to the applicant by registered mail and a copy
filed with the Village clerk's office for public inspection.
H.
No building permit or approvals required by the Village of Hamburg
for work included in the hardship application shall be issued unless
the Commission grants the hardship application. If the hardship application
is granted, the Commission shall approve only such work as is necessary
to alleviate the hardship.
A.
Demolition of an individual landmark or of a structure located in and contributing to the significance of a historic district shall be allowed only in case of economic hardship, unless, an express written finding has been made by Code enforcement pursuant to Chapter 127 of the Village Code that the structure presents an imminent threat to the public health, safety and welfare.
B.
Any person desiring to demolish a designated historic building shall
first file an application for a historic building demolition permit
with the Code Enforcement and an application for such certificate
with the commission. An applicant must submit the following items
to the extent they are applicable to the property:
(1)
Current level of economic return;
(2)
Amount paid for the property, date of purchase, party from whom purchased,
and relationship between the owner of record, the applicant, and person
from whom property was purchased;
(3)
Annual gross and net income from the property for the previous three
years; itemized operating and maintenance expenses for the previous
three years, and depreciation deduction and annual cash flow before
and after debt service, if any, during the same period;
(4)
Remaining balance on the mortgage or other financing secured by the
property and annual debt-service, if any, during the prior three years;
(5)
Real estate taxes for the previous four years and assessed value
of the property according to the two most recent assessed valuations;
(6)
All appraisals obtained within the last two years by the owner or
applicant in connection with the purchase, financing, or ownership
of the property;
(7)
Form of ownership or operation of the property, whether sole proprietorship,
for-profit or not-for-profit corporation, limited partnership, joint
venture, or other;
(8)
Any state or federal income tax returns relating to the property
for the last two years;
(9)
Any listing of property for sale or rent, price asked, and offers
received, if any, within the previous two years, including testimony
and relevant documents regarding: any real estate broker or firm engaged
to sell or lease the property, reasonableness of price or rent sought
by the applicant, or any advertisements placed for the sale or rent
of the property;
(10)
Feasibility of alternative uses for the property that could
earn a reasonable economic return;
(11)
Report from a licensed engineer or architect with experience
in rehabilitation as to the structural soundness of any buildings
on the property and their suitability for rehabilitation;
(12)
Cost estimates for the proposed construction, alteration, demolition,
or removal, and an estimate of any additional cost that would be incurred
to comply with the requirements for a certificate of appropriateness;
(13)
Estimated market value of the property: in its current condition;
after completion of the proposed alteration or demolition; and after
renovation of the existing property for continued use;
(14)
Expert testimony or opinion on the feasibility of rehabilitation
or reuse of the existing structure by an architect, developer, real
estate consultant, appraiser, and/or other real estate professional
experienced in historic properties and rehabilitation;
(15)
Any evidence of self-created hardship through deliberate neglect
or inadequate maintenance of the property; and
(16)
Economic incentives and/or funding available to the applicant
through federal, state, city, or private programs.
C.
Demolition of any such building may be approved only in connection
with approval of a replacement project.
D.
The Commission shall hold a public hearing and shall take one of
the following actions:
E.
During the continuance period, the Historic Preservation Commission
may investigate relocation of the building (on site) or modification
of the building for future uses in a way which preserves the architectural
and historical integrity of the building.
A.
Certificate of appropriateness for demolition, removal or relocation.
An applicant whose certificate of appropriateness for a proposed demolition,
removal or relocation of a landmark, resource or property has been
denied may apply for relief on the ground of economic hardship. In
order to prove the existence of economic hardship sufficient to justify
demolition, removal, or relocation, the applicant shall establish
that the denial of a certificate of appropriateness will prevent the
property owner from earning a reasonable return on investment, regardless
of whether that return represents the most profitable return possible.
B.
Certificate of appropriateness for demolition. The applicant for
a certificate of appropriateness for demolition must establish to
the commission's satisfaction an imminent plan of reuse or redevelopment
of the affected property. The applicant for an income producing property
shall establish that:
(1)
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible;
and,
(2)
The property cannot be adapted for any other use, whether by the
current owner or by a purchaser, which would result in a reasonable
return; and,
(3)
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
C.
In deciding upon such application for removal, relocation or demolition,
the Commission may consider whether the owner has created his own
hardship through waste and neglect, thereby permitting the property
to fall into a serious state of disrepair.
D.
Before approving the removal, relocation or demolition of an individual
landmark or structure within a historic district, the Commission may
suspend the application for up to 180 days to allow the applicant
to consult in good faith with the Commission, local preservation groups,
and the public in a diligent effort to seek a less intrusive alternative
to demolition.
A.
Ordinary maintenance; repair.
(1)
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of a
historic landmark or property within a historic district that does
not involve a change in design, building materials or outward appearance.
(2)
The Commission may evaluate and decide, without public hearing, whether
or not proposed work constitutes ordinary maintenance and repair or
requires a certificate of appropriateness.
B.
No owner or person with an interest in real property designated as
an individual landmark or included with an historic district shall
permit the property to fall into a serious state of disrepair. Maintenance
shall be required, consistent with the Property Maintenance Code of
New York State Uniform Fire Prevention and Building Code and all provisions
of the Village of Hamburg Code.
C.
Every owner or person in charge of an improvement on a landmark site
or in an historic district shall keep in good repair all of the exterior
portions of such improvement and all interior portions thereof which,
if not so maintained, may cause or tend to cause the exterior portions
of such improvement to deteriorate, decay or become damaged or otherwise
to fall into a serious state of disrepair. Examples of types of prohibited
disrepair include, but are not limited to:
(1)
Deteriorated or crumbling exterior plasters, mortar or facades;
(2)
Deteriorated or inadequate foundation;
(3)
Defective or deteriorated flooring or floor supports or any structural
floor members of insufficient size to carry imposed loads with safety;
(4)
Deteriorated walls or other vertical structural supports that split,
lean, list or buckle due to defective material or deterioration;
(5)
Members of ceilings, roofs, ceiling and roof supports or other horizontal
members which sag, split or buckle due to defective material or deterioration
or are of insufficient size to carry imposed loads;
(6)
Ineffective or inadequate waterproofing of exterior walls, exterior
chimneys, roofs, foundations or floors, including windows or doors,
which may cause or tend to cause deterioration, decay or damage;
(7)
Defective or insufficient weather protection for roofs, foundation
or exterior wall covering, including lack of paint or weathering due
to lack of paint or other protective covering, which may cause or
tend to cause deterioration, decay or damage;
(8)
Fireplaces or chimneys which list, bulge or settle due to defective
material or deterioration or are of insufficient size or strength
to carry imposed loads with safety;
(9)
Any fault or defect in the building or structure which renders it
not properly watertight or otherwise compromises the life and character
of the building or structure.
D.
Every owner or person in charge of a scenic landmark shall keep in
good repair all portions thereof.
A.
All work performed pursuant to a certificate of appropriateness issued
under this chapter shall conform to the requirements expressly stated
in the certificate or reasonably implied therefrom. It shall be the
duty of the Code Enforcement Officer to periodically inspect any such
work to assure compliance with the certificate and all applicable
law. In the event any requirement included in the certificate of appropriateness
has not been met, or upon notification of that fact by the Historic
Preservation Commission, the Code Enforcement Officer shall issue
a stop-work order and all work shall immediately cease. No further
work shall be undertaken on the project as long as a stop-work order
is in effect.
B.
Any owner or person in charge of a property who demolishes, alters,
constructs, or permits a designated property to fall into a serious
state of disrepair in violation of this chapter in the absence of
a certificate of appropriateness, a finding of economic hardship,
or other approval by the Commission, may be required by the Code Enforcement
Officer to restore the property and its site to its appearance prior
to the violation.
C.
If, in the judgment of the Commission, a violation of this chapter
exists that will result in a detrimental effect upon the life and
character of a designated historic resource, landmark, property or
on the character of a historic district as a whole, the Commission
shall notify the Code Enforcement Officer. If, upon investigation,
the Code Enforcement Officer finds noncompliance with the requirements
of the Property Maintenance Code of the New York State Fire Prevention
and Building Code, the Property Maintenance law of the Village of
Hamburg or any other applicable law or regulation, the Code Enforcement
Officer shall order such remedies as are necessary and consistent
with this chapter and shall provide written notice thereof to the
Secretary of the Commission.
D.
Penalties. A violation of this chapter is deemed an offense punishable
by a fine, imprisonment or both as follows:
(1)
First offense. A first conviction for violation of this chapter may
result in a fine not exceeding $350 or imprisonment for a period not
to exceed six months, or both;
(2)
Second offense. A second conviction for violation of this chapter,
if the occurrence that leads to conviction began within a period of
five years from the date of first conviction, may result in a fine
not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both;
(3)
Third offense. A conviction for a third or subsequent offense, all
of which were committed within a period of five years from when the
occurrence leading to the first conviction began, shall include a
fine of not less than $700 nor more than $1000 or imprisonment for
a period not to exceed six months, or both.
(4)
Each week's continued violation shall constitute a separate
additional violation.
(5)
Each day's continued violation of this chapter shall constitute
a separate additional offense.
(6)
In addition to any penalties imposed under this chapter, continued
violations of this chapter shall be punishable in any other manner
provided under other local regulations, and state and federal law.
E.
The Commission shall notify the Village Board of Trustees of an enforcement matter arising under this chapter and shall refer it to the Village attorney. Action to enforce this chapter shall be brought by the Code Enforcement Officer. Civil remedies authorized under § 44-23 of this chapter shall be in addition to and not in lieu of any criminal prosecution and penalty.
Any person aggrieved by a decision of the Commission relating
to certificate of economic hardship or a certificate of appropriateness
may, within 15 days of the decision, file a written appeal to the
Village Board of Trustees for review of the decision. Appellate review
shall be based on the same record that was before the Commission and
using the same criteria in this chapter.
As used in this chapter, the following words and phrases shall
have the following meaning:
The act or process of acquiring fee title or other interest
in real property, including acquisition of development rights or remainder
interest.
Any act or process that changes one or more of the exterior
architectural features of a building or structure by adding to, joining
with or increasing the size or capacity of the building or structure.
Any act or process, other than demolition or ordinary maintenance,
that changes the exterior appearance of significant historical or
architectural features, or the historic context of a designated landmark,
including, but not limited to, exterior changes, additions, new construction,
erection, reconstruction, or removal of the building or structure,
or grading.
Especially suitable or compatible.
The quality of a building or structure based on its date
of erection, style and scarcity of same, quality of design, present
condition and appearance or other characteristics that embody the
distinctive characteristics of a type, period or method of construction.
Any construction created to shelter any form of human, such
as a house, garage or barn, and which is permanently affixed to the
land. Building may also refer to a historically related complex, such
as a house and a barn.
The person, or his or her designee, authorized to grant permits
for construction, alteration, and demolition pursuant to the codes
adopted by the Village.
An official form issued by the Village Commission stating
that the proposed work on an designated historic landmark is compatible
with the historic character of the property and thus in accordance
with the provisions of this chapterand therefore: the proposed work
may be completed as specified in the certificate; and the Village's
departments may issue any permits needed to do the work specified
in the certificate.
An official form issued by the Commission when the denial
of a certificate of appropriateness has deprived, or will deprive,
the owner of the property of all reasonable use of, or economic return
on, the property.
Any alteration, demolition, removal or construction involving
any property subject to the provisions of this chapter.
Defined by form, proportion, structure, plan, style or material.
General character refers to ideas of design and construction such
as basic plan or form. Specific character refers to precise ways of
combining particular kinds of materials.
The person, or his or her designee, authorized and certified
to enforce the New York State Fire Prevention and Building Code. The
person, or his or her designee, who is also authorized by the Village
Board of Trustees to enforce this chapter, except where another official
is expressly authorized.
The historic preservation commission established pursuant to § 44-4 of this chapter.
In harmony with location, context, setting, and historic
character.
The act of constructing an addition to an existing structure
or the erection of a new principal or accessory structure on a lot
or property.
Any act or process that removes or destroys in whole or in
part a building, structure, or resource.
A permit issued by the Code Enforcement Officer allowing
the applicant to demolish a building or structure, after having received
a certificate of demolition approval from the Commission.
The process by which the significance and integrity of a building, structure, object, or site is judged by an individual who meets the professional qualification standards published by the National Park Service in the Federal Register (Code of Federal Regulation, 36 CFR Part 61), as determined by the State Historic Preservation Office, using the designation criteria outlined in § 44-11 of this chapter.
The architectural style, design, general arrangement and
components of all of the outer surfaces of any building or structure.
Elements embodying the historical significance or architectural
style, design, general arrangement and components of all of the exterior
surfaces of any landmark or historic resource, including, but not
limited to, the type of building materials, and type and style of
windows, doors, or other elements related to such landmark or historic
resource.
A unit created for planning purposes that groups information
about historic properties based on a shared theme, specific time period
and geographical area.
An area designated as a historic district by this historic
preservation chapter, and which contains within definable geographic
boundaries a significant concentration, linkage or continuity of sites,
buildings, structures, or objects united historically or aesthetically
by plan or physical development.
Original or old building materials (masonry, wood, metals,
marble) or construction.
The retention of sufficient aspects of location, design,
setting, workmanship, materials, feeling or association for a property
to convey its historic significance.
A building, district, site, structure or object significant
in American history, architecture, engineering, archeology or culture
at the national, state, or local level.
The Historic Preservation Commission appointed by the Village
Board of Trustees for the Village of Hamburg.
A district, site, building, structure, or object significant
in American history, architecture, engineering, archeology, or culture
at the national, state, or local level.
Any evaluated building, structure, object, or site that potentially meets the designation criteria outlined in § 44-11.
The process of systematically identifying, researching, photographing,
and documenting historic resources within a defined geographic area,
and the resulting list of evaluated properties that may be consulted
for future designation. For the purpose of this chapter, all surveys
shall be conducted in accordance with the Secretary of the Interior's
Standards and Guidelines for Identification and Evaluation, as may
be amended.
The quality of a place, site, building, district or structure
based upon its identification with historic persons or events in the
Village of Hamburg.
The authenticity of a property's historic identity,
evidenced by the survival of physical characteristics that existed
during the property's historic or prehistoric period.
Interior landmarks are noted for the portions of their interior
that are open to the public.
A list of historic properties determined to meet specified
criteria of significance.
Any building, structure or site that has been designated
as a landmark by the Commission, pursuant to procedures described
in this chapter that is worthy of preservation, restoration or rehabilitation
because of its historic or architectural significance.
A permit approving an alteration to or demolition of a landmark,
or demolition of a historic resource listed in the heritage resource
inventory pursuant to the provisions of this chapter.
The formal entry or registration of a property.
To keep in an existing state of preservation or repair.
Any change, modification, restoration, rehabilitation, or
renovation of the features of an historic resource that does not materially
change the historic characteristics of the property.
Any relocation of a building or structure on its site or
to another site.
The established criteria for evaluating the eligibility of
properties for inclusion in the National Register of Historic Places.
The official inventory of the nation's historic properties,
districts, sites, districts, structures, objects and landmarks which
are significant in American history, architecture, archaeology, and
culture, maintained by the Secretary of the Interior under the authority
of the Historic Sites Act of 1935 and the National Historic Preservation
Act of 1966 (16 U.S.C. 470 et seq., 36 C.F.R. Sections 60, 63, as
may be amended).
A feature, addition or building, structure, object or site
which does not add to the sense of historical authenticity or evolution
of an historic resource or landmark or where the location, design,
setting, materials, workmanship, history, and/or association of the
feature, addition or building, structure, object or site has been
so altered or deteriorated that the overall integrity of that historic
resource or landmark has been irretrievably lost.
Constructions that are primarily artistic in nature or are
relatively small in scale and simply constructed. Although it may
be moveable by nature or design, an object is associated with a specific
setting or environment. Examples include boundary markers, mileposts,
fountains, monuments, and sculpture. This term may include landscape
features.
Any work or repair that is done to prevent deterioration
or damage to the structural integrity or any exterior feature of a
landmark or historic resource that does not involve a change in design,
material or exterior appearance. Such work includes, but is not limited
to, painting, roof repair, foundation or chimney work, or landscape
maintenance.
Those individuals, partnerships, corporations, or public
agencies holding fee simple title to property, as shown on the records
of the Village.
The length of time when a property was associated with important
events, activities, or persons, or attained characteristics which
qualify it for landmark status. Period of significance usually begins
with a date when significant activities or events began giving the
property its historic significance; this is often a date of construction.
The act or process of applying measures necessary to sustain
the existing form, integrity, and materials of an historic property.
Work, including preliminary measures to protect and stabilize the
property, generally focuses upon the ongoing maintenance and repair
of historic materials and features rather than extensive replacement
and new construction. New exterior additions are not within the scope
of this treatment; however, the limited and sensitive upgrading of
mechanical, electrical, and plumbing systems and other code-required
work to make properties functional is appropriate within a preservation
project.
A grouping of individual properties based on a set of shared
physical or associative characteristics.
The act or process of depicting, by means of new construction,
the form, features, and detailing of a nonsurviving site, landscape,
building, structure, or object for the purpose of replicating its
appearance at a specific period of time and in its historic location.
The act or process of making possible a compatible use for
a property through repair, alterations, and additions while preserving
those portions or features of the property which convey its historical,
architectural and cultural values.
Acts of ordinary maintenance that do not include a change
in the design, material, form, or outer appearance of a resource,
such as repainting. This includes methods of stabilizing and preventing
further decay, and may incorporate replacement-in-kind or refurbishment
of materials on a building or structure.
The act or process of accurately depicting the form features,
and character of a property as it appeared at a particular period
of time by means of the removal of features from other periods in
its history and reconstruction of missing features from the restoration
period. The limited and sensitive upgrading of mechanical, electrical,
and plumbing systems and other code-required work to make properties
functional is appropriate within a restoration project.
The act of keeping an element, detail or structure and continuing
the same level of repair to aid in the preservation of elements, sites,
and structures.
An addition which is made without damage to the project's
original condition.
Scenic landmarks encompass structures that are not buildings,
such as bridges, piers, parks, cemeteries, sidewalks, clocks, and
trees.
Principles developed by the National Park Service (36 C.F.R.
68.3, as may be amended) to help protect historic properties by promoting
consistent preservation practices and providing guidance to historic
building owners and building managers, preservation consultants, architects,
contractors, and project reviewers on how to approach the treatment
of historic properties. The Secretary of the Interior Standards for
the Treatment of Historic Properties may also be referred to in this
chapter as "Secretary of the Interior's Standards."
Having particularly important associations with the contexts
of architecture, history and culture.
The location of a significant event, a prehistoric or historic
occupation or activity, or a building or structure, whether standing,
ruined or vanished, where the location itself maintains historical
or archaeological value regardless of the value of any existing buildings,
structures or other objects. Examples of a site are a battlefield,
designed landscape, trail, or camp site.
The act or process of applying measures designed to reestablish
a weather resistant enclosure and the structural stability of an unsafe
or deteriorated property while maintaining the essential form as it
exists at present.
Any assemblage of materials forming a construction framed
of component structural parts for occupancy or use, including buildings.
A type of architecture distinguished by special characteristics
of structure or ornament and often related in time; also a general
quality of distinctive character.
Any project or other action involving the expansion, modification,
development or disposition of the physical plant or any site or building.
