Town of Wilton, NY
Saratoga County
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Table of Contents
Table of Contents
[Added 11-8-2007[1]]
[1]
Editor's Note: This zoning amendment was originally adopted as Art. XXVIII, §§ 129-205 through 129-210, but was renumbered to be included as Art. IIIA, §§ 129-13 through 129-18, because Art. XXVIII, §§ 129-205 through 129-210, were already in use.

§ 129-13 Purpose.

Recognizing the Town of Wilton's rich history and acknowledging that the preservation, protection, enhancement and continued use of historic structures and sites serves the best interests of all the people, this article is intended to:
A. 
Preserve, protect and promote the use of historic landmarks which reflect the Town's cultural, social, economic, political and architectural history.
B. 
Safeguard the property rights of owners.
C. 
Stabilize and improve property values.
D. 
Foster civic pride.
E. 
Strengthen the economy.
F. 
Protect and enhance the appeal of the Town for residents, tourists, and visitors and for educational purposes.

§ 129-14 Historic Preservation Board; membership; terms.

A Historic Preservation Board is hereby established and shall consist of five members. All members shall be appointed by the Town Board, have an interest in historic preservation and shall serve for terms of five years, provided that one original member will serve an initial term of one, two, three, four or five years. All members must be residents of the Town of Wilton. One position will be held by the Wilton Town Historian and another by a member of the Wilton Heritage Society. The Town Supervisor shall appoint a chairman.

§ 129-15 Designation of landmarks and historic districts.

A. 
For the purpose of furthering the goals and purpose of this article and the preservation, protection, perpetuation and use of landmarks and historic areas, certain buildings, historic districts or landmarks for designation have been identified. Those buildings, districts and landmarks are so designated on Appendix A, Schedule of Designated Historic Districts, Buildings and Landmarks.[1]
[1]
Editor's Note: A copy of Appendix A is available in the Town offices.
B. 
The Historic Preservation Board may make additions to Appendix A, subject to Town Board ratification. In identifying any area, place, building, structure or similar object as a landmark to add to Appendix A, the Historic Preservation Board shall apply one or more of the following criteria:
(1) 
It possesses special character, historic interest or value as part of the cultural, political, economic or social history of the Town.
(2) 
It is identified with an historic personage.
(3) 
It embodies the distinguishing characteristics of an architectural style.
(4) 
It exemplifies the cultural, economic, social or historic heritage of the Town.
C. 
In identifying a group of properties as an historic district, the district shall be geographically within a clearly identifiable area of a number of structures which give it distinct historic or aesthetic character. The boundaries of the historic district so designated shall be specified in detail.
D. 
Upon designation by the Town Board, the Town Clerk shall record and forward notice of each property placed on the Schedule of Historic Districts, Buildings and Landmarks to the Town of Wilton Assessor, Building Inspector, and Planning Director.
[Added 12-3-2009]

§ 129-16 Property exclusion provision.

[Amended 12-3-2009]
All property owners that hold title to any property identified in Appendix A[1] shall be notified in writing that their property has been designated as an historic building or landmark or that it is part of an historic district. An owner receiving such notice may opt out of inclusion in the Schedule of Designated Historic Districts, Buildings and Landmarks by notifying the Historic Preservation Board in writing within 90 days of the receipt of said notice. Properties that remain on the schedule may receive appropriate recognition by the Town of Wilton and the Historic Preservation Board with a suitable historic marker or plaque and additional benefits as the Town of Wilton Town Board may deem suitable.
[1]
Editor's Note: A copy of Appendix A is available in the Town offices.

§ 129-17 Certificate of appropriateness; regulation of any alteration, construction, reconstruction or demolition.

A. 
No person shall alter, construct, remove, reconstruct, demolish or otherwise change the exterior of any property designated a landmark or within the historic district without first obtaining a certificate of appropriateness from the Historic Preservation Board. Exterior improvements which need the approval of the Board include:
(1) 
Erection of a new building.
(2) 
Demolition of a building, porch, garage or any part thereof.
(3) 
Additions, alterations or enclosures.
(4) 
Any other exterior changes requiring a governmental permit.
(5) 
Any major change in landscaping and changes in the amount of paving in parking areas and their screening.
B. 
The following procedures shall apply in regard to such a change in any such property:
(1) 
Any application to the Town for a building or demolition permit for a change as described above shall also be deemed an application for a certificate of appropriateness and shall be forwarded to the Historic Preservation Board with copies of all detailed plans, elevations, specifications and documents relating thereto. The Historic Preservation Board shall act on such applications within 10 business days of receiving notification. No building or demolition permit shall be issued for the work until a certificate of appropriateness has been issued by the Historic Preservation Board. If the Historic Preservation Board has not acted on such application within 10 business days, the application will be assumed to be approved and the changes appropriate.
[Amended 12-3-2009]
(2) 
If the Historic Preservation Board finds that the change proposed by the applicant will not adversely affect any significant historic or aesthetic feature of the property and is appropriate and consistent with the spirit and purposes of this article or will remedy any conditions imminently dangerous to life, health or property, as determined by the Building Inspector or the Code Enforcement Officer, then the Historic Preservation Board shall issue a certificate of appropriateness.
(3) 
This certificate shall be in addition to, not in lieu of, any building or demolition permit or variances required by the Town.
(4) 
If the Historic Preservation Board finds that the change proposed by the applicant will adversely affect any significant historical or aesthetic feature of the property or is inappropriate or is inconsistent with the spirit and purpose of this article, the Historic Preservation Board shall disapprove the application and so advise the applicant, in writing, and a copy shall be filed with the Town Clerk's office within 30 days after receiving the application.
(5) 
Appeals. Any person aggrieved by the decision of the Historic Preservation Board by reason of hardship or by disapproval of an application for a certificate of appropriateness may, within 30 days of the date the decision is filed with the Town Clerk, submit a written application with the Town Board for review of that decision.
C. 
Demolition of any structure or building 49 years or older.
[Added 12-3-2009]
(1) 
Prior to issuing a demolition permit on a building or structure older than 49 years old, the Town Building Department shall notify the Historic Preservation Board by providing 14 days' written notice identifying the building or structure for which such permit is sought by the address and name of the owner or owners, unless, in the opinion of the Building Department, the structure poses an imminent threat to health and safety.
(2) 
The Historic Preservation Board shall evaluate and document the building or structure for historic or architectural significance appropriately as may be necessary during the fourteen-day notice period prior to any demolition permit. The Board may request an additional 14 days to evaluate and document such significant structures in cases where extensive research is required.

§ 129-18 Maintenance and repair.

Nothing in this article shall be construed to prevent the ordinary maintenance and repair of any exterior feature of a landmark property or property within an historic district which does not involve a change in design, material or outward appearance thereof nor prevent any change that the Building Inspector or Code Enforcement Officer shall certify is required by law.
A. 
Every owner, lessee or occupant of a designated historic property shall keep the same in good repair as follows:
(1) 
All of the exterior portions of such properties.
(2) 
All interior portions thereof which, if not maintained, may cause exterior portions to deteriorate.
B. 
The provisions of this article shall be in addition to all other provisions of law requiring any such improvements.

§ 129-19 (Reserved)