It is hereby declared as a matter of public policy that the protection,
enhancement and perpetuation of historic landmarks, buildings, structures,
sites and objects is necessary to:
A. Protect and enhance the historic landmarks, which represent
distinctive elements of Gates' historic, architectural and cultural heritage.
B. Foster civic pride in the accomplishments of the past.
C. Protect and enhance the attractiveness of Gates to homebuyers,
visitors, shoppers and residents and thereby provide economic benefits to
the town and its citizens.
D. Ensure the harmonious, orderly and efficient growth and
development of the Town of Gates.
E. Stabilize and improve property values in the town.
F. Foster, encourage and advise the preservation, restoration
and rehabilitation of structures.
There is hereby created a Commission to be known as the "Gates Historic
Preservation Commission" (the "Commission").
A. The Commission shall consist of five members to be appointed
by the Town Board. Members shall be residents of the Town of Gates and shall
have a known interest in and knowledge of historic preservation and architectural
development within the Town of Gates. Commission members shall serve in a
voluntary capacity.
B. Commission members shall serve for terms of four years
with the exception that, of the initial term, one member shall be one year,
one member shall be two years, and one member shall be three years. In all
cases, terms shall expire on December 31.
C. The Chairman and Vice Chairman of the Commission shall
be appointed by the Town Board and shall be members of the Commission. The
Chairman and Vice Chairman of the Commission shall be designated annually
by the Town Board.
[Amended 12-4-2000 by L.L.
No. 3-2000]
D. The powers of the Commission shall include:
(1) Promulgation of rules and regulations as necessary for
the conduct of its business;
(2) Seeking the advice of professional consultants, as necessary
to carry out the duties of the Commission, subject to Town Board approval;
(3) Making recommendations to the Town Board regarding the
adoption of criteria for the identification of historic, architectural and
cultural sites and landmarks;
(4) Conducting surveys of historic, architectural and cultural
sites and landmarks within the town subject to Town Board approval;
(5) Making recommendations to the Town Board regarding the
designation of identified structures, sites or objects as landmarks;
(6) Making recommendations to the Town Board concerning the
acquisitions of facade easements or other interests in real property as necessary
to carry out the purposes of this chapter;
(7) Increasing public awareness of the value of historic,
architectural and cultural preservation by developing and participating in
public education programs;
(8) Making recommendations to the Town Board concerning the
utilization of state, federal or private funds to promote the preservation
of landmarks within the town;
(9) Analyzing the feasibility of and recommending the acquisition
of an historic landmark to the Town Board where its preservation is essential
to the purpose of this chapter and where private preservation is not feasible;
(10) Making recommendations to the Town Board regarding approval
or disapproval of applications for certificates of appropriateness and hardship
applications pursuant to this chapter; and
(11) Making recommendations to the Zoning Board of Appeals
and Planning Board in relation to applications before those Boards relating
to properties that include landmarks.
E. The Commission shall meet at least monthly, but meetings
may be held at any time on the written request of any two Commission members
or on the call of the Chairman or Town Supervisor.
F. A quorum for the transaction of business shall consist
of three of the Commission members.
G. All voting members shall have inspected the property
concerned before voting on a recommendation regarding a certificate of appropriateness.
H. Notice of any public hearings required to be held under
the chapter shall be given by publication in the official newspaper of the
town at least five days before the date of such hearing.
No person shall carry out any exterior alteration, restoration, reconstruction,
demolition, new construction or moving of a landmark, nor shall any person
make any material changes in the appearance of such property, its light fixtures,
signs, sidewalks, fences, steps or paving without first obtaining a certificate
of appropriateness from the Town Board. All certificates of appropriateness
will terminate one year after they are granted unless significant work has
commenced on the project. Exterior painting of a structure shall not require
a certificate of appropriateness.
An applicant whose certificate of appropriateness for a proposed demolition
has been denied may apply for relief on the grounds of hardship. In order
to prove the existence of hardship, the applicant shall establish that:
A. The property is incapable of earning a reasonable return,
regardless of whether that return represents the most profitable return possible
or, in the case of a property owned and used for charitable purposes by an
entity certified under Section 501(c)(3) of the Internal Revenue Code, where
the failure to permit demolition would unreasonably interfere with the applicant's
charitable purpose;
B. 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
C. Reasonable efforts to fine a purchaser interested in
acquiring the property and preserving it have failed.
Any owner of a landmark whose application for a certificate of appropriateness
for any purpose other than demolition has been denied may apply to the Town
Board for relief on the grounds of hardship. In order to prove the existence
of hardship for a business commercial property, the applicant shall establish
that the property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible. If
the applicant is certified under Section 501(c)(3) of the Internal Revenue
Code, the applicant shall establish that denial of the proposed alteration
would prevent the applicant's charitable purpose.
All work performed pursuant to a certificate of appropriateness issued
under this chapter shall conform to any requirements included therein. The
Building Inspector and Fire Marshall may inspect periodically any such work
to assure compliance. In the event that 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 Inspector or the Fire Marshall
may issue a stop-work order, in which case all work shall immediately cease.
No further work shall be undertaken on the project as long as a stop-work
order is in effect.
No decision to carry out or approve an action subject to the provisions
of this chapter shall be rendered by any department, board, commission, officer
or employee of the Town of Gates until there has been full compliance with
all requirements of this chapter. This shall not prohibit environmental, engineering,
economic feasibility or other studies, preliminary planning or budgetary processes,
nor the granting of an application relating only to technical specifications
and requirements, but not authorizing commencement of action until full compliance
with this chapter has been met.
This chapter shall become effective immediately upon adoption and posting,
publication and filing as required by law. The Town Board may from time to
time amend, supplement, change, modify or repeal this chapter pursuant to
the provisions of the Town Law and General Municipal Law applicable thereto.
Any person aggrieved by a decision of the Town Board relating to landmark
designation, hardship or certificate of appropriateness may, within 30 days
of the decision, file an Article 78 Petition with the New York State Supreme
Court for review of the decision.