This chapter shall be Chapter
121 of the Code of the Town of Amherst and may be cited as the "Historic Preservation Law of the Town of Amherst."
In accordance with Section 96-a of the General Municipal Law
of the State of New York entitled "Protection of historical places,
buildings and works of art," and Article 5-K of the General Municipal
Law of the State of New York, entitled "Historic Preservation," the
Town Board of the Town of Amherst has the authority to provide, by
local law, regulations, special conditions and restrictions for the
protection, enhancement, perpetuation and the use of places, districts,
sites, buildings, structures, works of art and other objects having
special character or special historical or other aesthetic interest
or value. Pursuant to that authority, the Town Board has prepared
and adopted this Chapter setting forth standards to be followed in
historic preservation.
It is hereby declared as a matter of public policy that the
protection, enhancement and perpetuation of landmarks and historic
districts is necessary to promote the economic, cultural, educational
and general welfare of the public. Inasmuch as the identity of a people
is founded in its past and inasmuch as Amherst has many significant
historic, architectural and cultural resources which constitute its
heritage, this chapter is intended to:
A. Protect and enhance the landmarks and historic districts which represent
distinctive elements of Amherst's historic, architectural and
cultural heritage.
B. Foster civic pride in the accomplishments of the past.
C. Protect and enhance Amherst's attractiveness to visitors and
support and stimulate the Town's economy.
D. Ensure the harmonious, orderly and efficient growth and development
of the Town.
As used in this chapter, the following terms shall have the
meanings indicated:
ADAPTIVE REUSE
Conversion of a building originally designed for a certain
purpose to a different purpose.
ALTER
To change one or more exterior architectural features of
a landmark, an improvement on a landmark site or a structure within
an historic district.
BUILDING
Any structure or part thereof having a roof supported by
columns or walls for the shelter or enclosure of persons or property.
CERTIFICATE OF APPROPRIATENESS
A certificate issued by the Preservation Commission approving
plans for the alteration, construction, removal, improvement or demolition
of all or part of the exterior of a landmark, a landmark site or a
structure within an historic district.
CONSTRUCTION
Building an addition or making an alteration to an existing
structure or building a new principal or accessory structure.
DEMOLITION
Destruction of a building, structure or improvement.
DEMOLITION PERMIT
A permit issued by the Building Commissioner allowing the
applicant to demolish and remove all or part of a building, structure
or improvement.
EXTERIOR
Architectural style, design, general arrangement and components
of the outer surfaces of an improvement, building or structure as
distinguished from the interior surfaces, including but not limited
to the kind and texture of building material and the type and style
of windows, doors, signs and other such exterior fixtures.
FACADE
The exterior of a building or structure that can be viewed.
HISTORIC DISTRICT
A geographically definable area so designated pursuant to
this code.
IMPROVEMENT
Any building, structure, place, parking facility, fence,
gate, wall, work of art or other object constituting a physical betterment
or any part thereof.
LANDMARK
Property, object, structure or natural feature or any part
thereof so designated pursuant to this code.
LANDMARK SITE
A significant historical or cultural site(s) where buildings
or structures no longer exist, so designated pursuant to this code.
OWNER
A person, firm or corporation which owns the fee of property
or a lessor state therein, a mortgage or vendee in possession, a receiver,
an administrator, an executor, a trustee or any other person, firm
or corporation in control of property.
PRESERVATION
Retention of essential character of an improvement, object,
building, natural feature or structure as embodied in its existing
form, integrity and material. This term includes the retention of
trees, landscaping and vegetative cover of a site. This term may include
temporary stabilization work, as well as ongoing maintenance of historic
building materials.
RECONSTRUCTION
Reproduction of the exact form and detail of a vanished building,
structure, improvement or part thereof as it appeared at a specific
time.
REHABILITATION
Repair or alteration that enables buildings, structures or
improvements to be efficiently utilized while preserving those features
of buildings, structures or improvements that are significant to their
historic, architectural or cultural values.
RESTORATION
Recovery of the form and details of a building, structure
or improvement and its site during a particular time.
SCENIC LANDMARK
Scenic landmarks encompass structures that are not buildings,
such as bridges, piers, parks, cemeteries, sidewalk, clocks and trees.
SECRETARY OF THE INTERIOR'S STANDARDS FOR THE TREATMENT
OF HISTORIC PROPERTIES
Principles developed by the National Park Service (36 CFR
68.3, as may be amended) to help protect historic properties by promoting
consistent preservation practices and providing guidance to the 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
local law as "Secretary of the Interior Standards".
SITE
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 archeological value regardless of the value of any existing buildings,
structures or other objects. Examples of a site are a battlefield,
designed landscape, trail or campsite.
STRUCTURE
Anything constructed or erected which requires permanent
or temporary location on the ground. This term shall include but not
be limited to buildings, walls, fences, signs, billboards, lighting
fixtures, screen enclosures and works of art.
TOWN
The Town of Amherst, County of Erie, State of New York.
TOWN BOARD
The Town Board of the Town of Amherst, Erie County, New York.
The commission shall delineate landmarks or historic districts
and recommend them to the Town Board for designation under local law.
A. Individual Landmark: The commission may recommend 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 Town;
(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 recommend a group of properties
within the Town as an historic district if it:
(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) Constitutes a unique section of the Town by reason of possessing
those qualities that would satisfy such criteria.
C. Interior Landmark: The commission may recommend the interior of a
property as an interior landmark if such interior has special historical
or aesthetic interest or value as part of the development, heritage
or cultural characteristics of the town, and:
(1) It is customarily open or accessible to the public; or
(2) It is an interior into which the public is customarily invited.
D. Scenic Landmark: The commission may recommend 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.
E. The boundaries of each proposed landmark, interior landmark, scenic
landmark, or historic district designated henceforth shall be specified
in detail with reference to the tax map identification number and
shall be filed, in writing, in the Town Clerk's office for public
inspection.
F. Notice for a public hearing for a proposed designation shall be sent
by the Town Clerk thirty (30) days prior to a public hearing to the
owner(s) of any property(ies). The notice shall describe the property
proposed for designation, summarize the proposed action and announce
the date, time and location of the public hearing. A copy of the notice
of proposed designation shall also be sent to the Town Board.
G. Once the Historic Preservation Commission has issued a notice of
a proposed designation, no building permits shall be issued by the
Building Commissioner except for emergency repairs until a final determination
on the proposed designation has been reached. The Historic Preservation
Commission shall provide a copy of any notice of proposed designation
to the Building Commissioner.
H. The notice of proposed designation shall also be sent to the Town
of Amherst Highway Department, the Town of Amherst Engineering Department,
the Town of Amherst Planning Department, the Town of Amherst Assessor's
Department, the Buffalo Niagara Heritage Village and any other Town
department and/or county or state agency as appropriate. Each department/agency
shall be given thirty (30) days from the date of transmission to provide
comments on the proposed designation to the Historic Preservation
Commission.
I. The Commission shall hold a public hearing prior to recommending
designation of any landmark, historic site or historic district. The
Commission, the property owner 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 landmark or historic district. The record
may also contain staff reports, public comments or other evidence
offered outside of the hearing. A public hearing notice must be published
by the Town Clerk in the Town's designated official newspaper
at least fifteen (15) days prior to the hearing date.
J. The Commission will recommend to the Town Board the designation of
a historic landmark, site or district. The Town Board will also conduct
a public hearing prior to acting on the recommendation.
K. The Commission shall file notice of each property designated as a
landmark and of the boundaries of each designated historic district
with the Erie County Clerk's office, the Town of Amherst Clerk's
office, the Town of Amherst Building Department, the Town of Amherst
Planning Department, the Town of Amherst Highway Department, the Town
of Amherst Engineering Department and the Town of Amherst Assessor's
Department.
L. Minutes of any business conducted by the Historic Preservation Commission
shall be placed on file in the Town of Amherst Clerk's office
and will be posted to the Town's website.
Any person aggrieved by a decision of the Historic Preservation Commission relating to designation, hardship, demolition permit application (see Chapter
151, Section 56 for related regulations) or a certificate of appropriateness may, within thirty (30) days of the filing of the decision in the Town Clerk's office, file a written application with the Town Board for review of the decision. The Town Board shall schedule a public hearing on the matter without unnecessary delay. The appeal of the Commission's decision may be based only upon the record and criteria utilized by the Commission to render its decision. If new information becomes available subsequent to the Commission's decision, a new application must be submitted to the Commission. The Town Board's decision on the appeal shall be considered final.
Where this chapter imposes greater restrictions than are imposed
by the provisions of any law, ordinance or regulation, the provisions
of this chapter shall apply. Where greater restrictions are imposed
by any law, ordinance or regulation, such greater restrictions shall
apply.
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 Amherst 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 apply to the entire area of the Town of Amherst,
excluding that area within the corporate limits of the Village of
Williamsville.
If any section, clause or provision of this chapter or the application
thereof to any persons is adjudged invalid, the adjudication shall
not affect other sections, clauses or provisions or the application
thereof which can be sustained or given effect without the invalid
section, clause or provision or application, and, to this end, the
various sections, clauses or provisions of this chapter are declared
to be severable.
This chapter shall take effect immediately.