It is hereby declared to be the public policy and in the public
interest of the City of North Tonawanda to protect, enhance, and perpetuate
places, districts, sites, buildings. structures, and other objects
having a special character or special historical interest or value.
Inasmuch as the identity of a people is founded on its past, and inasmuch
as North Tonawanda has many significant historic, architectural, and
cultural resources which constitute its heritage, this chapter is
intended to:
A. Protect, enhance and perpetuate properties of special historical,
archaeological, architectural or cultural interest or value which
represent distinctive elements of North Tonawanda's historic,
architectural, archaeological, and cultural heritage;
B. Foster civic pride in the accomplishments of the past;
C. Protect, enhance and perpetuate North Tonawanda's attractiveness
to residents, prospective residents, and visitors and thereby promote
and support the economic well-being of the people of the City;
D. Enhance the visual and aesthetic character, diversity and distinctiveness
of the City;
E. Insure the harmonious, orderly, and efficient growth and development
of the City;
F. Promote the use, reuse and conservation of places, districts, sites,
buildings and structures having special character or special historical
or aesthetic interest or value for the education, inspiration, welfare,
recreation, prosperity and enrichment of the public;
G. Exercise aesthetic judgment and maintain the desirable character
of the historic properties and present construction, reconstruction,
alteration, or demolition, in harmony with existing properties insofar
as style, materials, color, line, and detail are concerned, and thus
prevent degeneration of property, safeguard public health, prevent
fire, promote safety, and preserve the beauty and character of the
historic properties.
There is hereby created a Commission to be known as the North
Tonawanda Historic Preservation Commission.
A. The Commission shall consist of seven members to be appointed, to
the extent available in the community, by the Mayor, with the consent
of the Common Council. Criteria for Commission members are as follows:
[Amended 10-18-2006]
(1) At least one Commission member shall be a licensed design professional
with demonstrated experience in historic preservation;
(2) At least one Commission member shall be an historian;
(3) At least one Commission member shall be a resident of a designated
historic district;
(4) At least one Commission member shall have demonstrated significant
interest in and commitment to the field of historic preservation evidenced
either by involvement in a local historic preservation group, employment,
or volunteer activity in the field of historic preservation, or other
serious interest in the field; and
(5) All Commission members shall have a known interest in historic preservation
and architectural development within the City of North Tonawanda.
(6) At least seven of the Commission members shall be residents of the
City of North Tonawanda.
(7) No more than three members of the initial Commission may be City
employees, and each must have professional expertise and experience
directly related to the duties of the Commission. Such individuals
will serve a single one-year term for the express purpose of aiding
the Commission in establishing policies and procedures.
B. Commission members shall serve for a term of four years, with the
exception of the initial term for one member, who will serve two years,
one who will serve three years, and each of any municipal employees
who will serve a single, nonrenewable one-year term.
C. The Chairman and Vice Chairman of the Commission shall be elected
by and from among the members of the Commission.
D. The powers of the Commission shall include:
(1) Selection of staff and professional consultants as necessary to carry
out the duties of the Commission, with funding approved by the Common
Council;
(2) Promulgation of rules and regulations as necessary for the conduct
of its business;
(3) Adoption of criteria for the identification of significant historic,
architectural, and cultural landmarks and for the delineation of historic
districts;
(4) Conducting of surveys of significant historic, architectural, and
cultural landmarks and historic districts within the City;
(5) Designation of identified places, districts, sites, buildings, structures,
and other objects having a special character or special historical
interest or value as landmarks and historic districts;
(6) Acceptance on behalf of the City government, and with the consent
of the Common Council, of the donation of facade easements and development
rights, and the making of recommendations to the City government concerning
the acquisition of facade easements or other interests in real property
as necessary to carry out the purpose of this chapter;
(7) Increasing public awareness of the value of historic, cultural, and
architectural preservation by developing and participating in public
education programs;
(a)
Formulating recommendations concerning the preparation of maps,
brochures, and historical markers for selected historical and/or architectural
sites and buildings;
(b)
Informing and educating the citizens of North Tonawanda concerning
the historic and architectural heritage of the City by publishing
appropriate maps, newsletters, brochures, and pamphlets and by holding
programs and seminars;
(8) Making recommendations to City government concerning the utilization
of state, federal, or private funds to promote the preservation of
landmarks and historic districts within the City;
(9) Recommending acquisition of a landmark property, or other real property
by the City government where its preservation is essential to the
purposes of this chapter and where private preservation is not feasible;
(10)
Approval or disapproval of applications for certificates of
appropriateness pursuant to this chapter;
(11)
Inventorying and designating all historically significant buildings,
structures, sites, or districts within the City of North Tonawanda,
enlisting the voluntary assistance of interested civic and social
organizations. The initial inventory shall be completed within two
years of the effective date of this chapter or the date of first appointment
of members to the Commission created hereunder, whichever is later,
or such other extended times as adopted by resolution of the Commission.
Such inventory shall be reviewed, updated, or revised, where necessary,
each year thereafter before the submission of the annual alterations
shall be distributed to the City Building Inspector, Clerk, Historian,
and Assessor;
(12)
Advising and assisting owners on physical aspects of preservation,
renovation, rehabilitation, and reuse, or procedures for inclusion
in the National Register of Historic Places, and on participation
in state and federal preservation programs;
(13)
Conferring recognition upon the owners of landmarks or properties
within an historic district by means of certificates, plaques, or
markers;
(14)
Requesting advisory opinions on any matter before the Commission
from the Mayor, the Common Council, the Zoning Board of Appeals, the
Planning Board, and any other body, agency, or department of the City;
(15)
Reviewing and making advisory recommendations on any matter
before the Commission to the Mayor, the Common Council, the Zoning
Board of Appeals, the Planning Board, and any other body, agency,
or department of the City;
(16)
Applying for, accepting, and expending grants and funds for
goods and services from private and public sources.
E. The Commission shall meet at least monthly, but meetings may be held
at any time on the written request of any two of the Commission members
or on the call of the Chairman or the Mayor.
F. A quorum for the transaction of business shall consist of four of
the Commission's members, but not less than a majority of the
full authorized membership may grant or deny a certificate of appropriateness.
No person shall carry out any exterior alteration, restoration,
reconstruction, demolition, new construction or moving of a landmark
or property within an historic district, nor shall any person make
any material change in the appearance of such a property, its light
fixtures, signs, sidewalks, fences, steps, paving or other exterior
elements visible from a public street or alley which affect the appearance
and cohesiveness of the individual landmark, property within an historic
district or the historic district as a whole, without first obtaining
a certificate of appropriateness from the Commission.
An applicant whose certificate of appropriateness for a proposed
alteration has been denied may apply for relief on the ground of hardship.
In order to prove the existence of hardship, the applicant shall establish
that the proposed alteration is more cost effective at installation
and has a demonstrated life span greater than a good preservation
solution, and the proposed alteration will result in maintenance and/or
operating costs less than a more appropriate preservation approach.
All work performed pursuant to a certificate of appropriateness
issued under this chapter shall conform to any requirements included
therein. It shall be the duty of the Building Code Enforcement Officer
to inspect periodically any such work to assure compliance. In the
event work is found that is not being performed in accordance with
the certificate of appropriateness, or upon notification of such fact
by the Commission, the Building 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.
Any person aggrieved by a decision of the Commission relating
to hardship or a certificate of appropriateness may pursue all appropriate
remedies under Article 78 of the New York Civil Practice Law and Rules.