[HISTORY: Adopted by the Town Board of the
Town of Hurley 4-23-2018 by L.L. No. 2-2018[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 109,
Historic Preservation, adopted 12-27-2007 by L.L. No. 7-2007.
Pursuant to Article 5, § 96-a, and Article 5-K, New
York General Municipal Law; Article 4, Parks, Recreation and Historical
Preservation Law; and the National Historic Preservation Act of 1966,
it is hereby declared as a matter of public policy the protection,
enhancement and perpetuation of landmarks and historic districts are
necessary to promote the cultural, economic and general welfare of
the public. The Town has many significant and interesting historic
resources that constitute its heritage. These include architectural
and cultural properties, archeological sites, cemeteries as well as
important land transportation routes and the remains of early industrial,
commercial, agricultural, recreational and artistic sites. Inasmuch
as the identity of a people is founded on its past, this chapter is
intended to:
A.
Protect, enhance and promote the landmarks and historic districts
which represent distinctive, informative and educational elements
of the historic, architectural, archaeological and cultural heritage
of the Town;
B.
Focus and stimulate attention on and foster civic pride in the historic
accomplishments and resources of the Town;
C.
Protect and enhance the attractiveness of the Town to the residents
and visitors, thus supporting and providing stimulus to the economic
economy; and
D.
Ensure the harmonious, orderly and efficient growth and development
of the Town.
There is hereby established a Commission to be known as the
"Historic Preservation Commission of the Town of Hurley," hereafter
referred to as the "Commission."
A.
The Commission shall consist of five members who shall be appointed
by the Town Board, who have demonstrated significant interest in and
commitment to the field of historic preservation, evidenced 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; shall be eligible for appointment as members of the Commission.
The Town Historian shall be an ex officio member of the Commission.
B.
Commission members shall serve for a term of five years, with the
exception of the initial term of one of the members which shall be
one year, one which shall be two years, one which shall be three years,
one for four years and one for five years.
C.
The Town Board shall designate a member of the Commission to act
as Chairperson thereof. The Commission shall elect from among the
members a Vice Chairperson. Both officers shall serve for a term of
two years.
D.
The Commission shall meet at least every two months, 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 Chairperson or the Town Supervisor.
E.
A quorum for the transaction of business shall consist of three of
the Commission's members, but not less than a majority of the
full authorized membership may render a decision regarding landmark
status or grant or deny a certificate of appropriateness.
The powers and duties of the Commission shall include:
A.
Adoption of criteria for the identification of significant historic
architectural, archaeological and cultural landmarks and for the delineation
of historic districts.
B.
Conduct surveys of significant historical, architectural, archeological
and cultural landmarks and historic districts within the Town.
C.
Recommend the designation of individual landmarks and creation of
historic districts; such designations to be subject to approval, disapproval
or modification by the Town Board.
D.
Increase public awareness of the Town's historic and archeological
preservation by developing, publishing and distributing educational
and promotional information and participating in public education
programs.
E.
Promulgation of rules and regulations as necessary for the conduct
of its business.
F.
Making recommendations to the Town Board concerning the use of state,
federal or private funds to provide information on and promote the
preservation of landmarks and historic districts within the Town.
G.
Making recommendations to the Town Planning Board regarding appropriate
zoning laws protecting historic, architectural, archeological and
cultural landmarks and advising the Planning Board regarding applications
for site plan review or subdivision of real property containing landmarks
or within an historic district.
H.
Making recommendations to the Town Board concerning acceptance of
donations or the acquisition of facade easements or other interest
in real property as necessary to carry out the purposes of this chapter.
I.
Recommending the acquisition of a landmark property by the Town Board
where its preservation is essential to the purposes of this chapter
and where private preservation is not feasible.
J.
Employment, with Town Board approval, of staff and professional consultants
as necessary to carry out the duties of the Commission.
K.
Making written recommendations to the Town Planning Board regarding
the approval or denial of applications for certificates of appropriateness
and having a representative of the Commission in attendance at Town
Planning Board meetings when said applications are to be determined.
A.
The Commission may recommend an individual property be designated
as a landmark if it:
(1)
Possesses special character or historic or aesthetic interest or
value as a part of the archeological, cultural, political, economic
or social history of the locality, region, state or nation; and/or
(2)
Is identified with historic personages; and/or
(3)
Embodies the distinguishing characteristics of an architectural style;
and/or
(4)
Is the work of a designer whose work has significantly influenced
an age; and/or
(5)
Because of a unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood;
and/or
(6)
Is listed on the State and/or National Registers of Historic Places,
or which is the subject of a pending application for listing.
B.
C.
Requests for the designation of an individual landmark or historic
district may be initiated by any person or organization on forms provided
by the Town Clerk. The Commission and Planning Board will act on these
requests in a timely manner.
D.
Notice of the proposed designation shall be sent by registered mail
to the owner(s) of the property, or properties, proposed for designation
appearing on the most recent real property tax rolls of the Town.
This notice shall describe the property proposed and announce a public
hearing by the Planning Board to consider the designation. Timely
notice of this public hearing shall be published in local papers of
record. Simultaneously with the mailing of such notice to the owner(s),
the Commission shall cause a copy of the same to be delivered to the
Building Inspector and to the Assessor for their respective review
and comment. Once the Commission has issued notice of a proposed designation,
the Building Inspector shall issue no building or demolition permits
nor shall any material change be made to the appearance of the property
until the Planning Board has made its decision. Notice of this restriction
shall be worded in these transmittals to the Building Inspector and
Assessor.
E.
The Planning Board shall hold its duly advertised public hearing
on the date set forth in the notice prior to designation of any landmark.
Testimony or documentary evidence at the hearing held by the Planning
Board from the Commission, owner(s) and any interested parties shall
become a part of the record regarding the archeological, historic,
architectural or cultural importance of the proposed landmark or historic
district. The Planning Board shall make a decision in writing within
62 days of closing the public hearing and send by registered mail
a copy of its decision to the owner(s) of the property or properties
and also deliver copies to be filed with the Town Clerk, with the
Building Inspector and the Town Assessor. The Planning Board's
decision shall state the reasons for granting, modifying or denying
a landmark designation.
Nothing in this chapter shall preclude the Planning Board's designation of Town roads, Town-owned rail beds or abandoned roads in the Town which meet the criteria set forth in § 109-5. Once designated, the Town Board shall solicit the Commission's advice on the proper care, landscaping and construction which shall be incorporated into standards used by the Highway Department.
A.
No person shall carry out any exterior alteration, restoration, reconstruction,
demolition, new construction or moving of a building designated as
a landmark or any property within an historic district, nor shall
any person make any material change in the appearance of such a property,
its exterior light fixtures, signs, sidewalks, fences, steps, paving,
major landscape features or design, or other exterior elements, including
exterior lighting, which affect the appearance and cohesiveness of
either the landmark or of the historic district, without first obtaining
a certificate of appropriateness from the Planning Board.
B.
No person shall permit the excavation of land designated as a landmark
for the deliberate retrieval of historic artifacts of any kind without
first being issued a certificate of appropriateness. The Commission
shall have the right to contact the appropriate federal and state
agencies pertaining to the request before the Planning Board issues
a certificate of appropriateness.
C.
The Town Building Inspector shall be responsible for administrating
and maintaining records of the applications for a certificate of appropriateness,
whether or not they are accompanied by an application for a building
permit. The Building Inspector shall have the same enforcement capability
with respect to a certificate of appropriateness that the Inspector
exercises with respect to a building permit.
D.
No fees shall be collected for a certificate of appropriateness application.
E.
Before acting on any application for a variance, special use permit,
site plan, building permit, demolition permit, sign permit or subdivision,
the Building Inspector shall first consult a current list of all properties
designated as individual landmarks or as contained within historic
districts to determine if the property falls under this chapter. Requests
affecting a landmark property or any property within an historic district
under this chapter or a structure or premises listed in the National
Register of Historic Places shall be referred promptly by the Building
Inspector to the Commission for its recommendations in order to facilitate
the review process and a certificate of appropriateness, if necessary.
F.
Upon submission of an application for a certificate of appropriateness,
the Commission shall undertake to meet with such applicants and review
their application and plans for change to such historically designated
structure, building, site, or landscape. The Commission shall submit
their recommendation to the Planning Board in a timely fashion prior
to the Planning Board's determination on the application. Should
the Commission fail to provide a recommendation to the Planning Board,
the Planning Board shall consider and decide the application absent
the recommendation. The Commission shall have no power to prohibit
an application if it is otherwise acceptable under the law and approved
by the Planning Board, nor shall the Planning Board be bound to follow
a recommendation of the Commission.
A.
This chapter does not regulate or apply to interior spaces. A certificate
of appropriateness is not required for interior alterations. For a
property designated as a landmark or which is located in an historic
district, the applicant and the Commission may consult together on
alterations proposed to interiors open to the public on a regular
basis to the end that the antique and aesthetic value may be maintained.
B.
The recommendations of the Commission and decisions of the Planning
Board on all applications for Certificates of Appropriateness for
building exteriors shall be based upon the following principles:
(1)
Historic properties shall be maintained with their exterior historic
features altered as little as possible.
(2)
Any alteration of existing property shall be compatible with its
historic character, and with the historic character of surrounding
properties, if any. Changes that may have taken place in the course
of time are evidence of the history and development of a building,
structure or site and its environment. These changes may have acquired
significance in their own right, and this significance shall be recognized
and respected. Contemporary design for alterations and additions to
existing properties shall not be discouraged when such alterations
and additions do not destroy significant historical, architectural
or cultural material and such design is compatible with the size,
scale, color, material and character of the property, neighborhood
or environment.
(3)
New construction shall be compatible with the historic character
of the landmark and its surroundings.
C.
In determining compatibility, the Commission shall consider the following
factors:
(1)
The general design, character and appropriateness to the property
of the proposed alteration or new construction;
(2)
The scale of the proposed alteration or new construction in relation
to the property itself, surrounding properties, and the neighborhood;
(3)
Texture, materials, form, massing, size, rhythm, spacing, structural
elements, proportion, illumination and color and their relation to
similar features of other landmark properties of the same type and
age; and
(4)
The importance of historic, architectural or other significance of
the property.
A.
Prior to the commencement of any work requiring a certificate of
appropriateness, the owner shall file an application for such certification
with the Building Inspector. The application shall state, where appropriate:
(1)
Name, address and telephone number of the applicant;
(2)
Street location and photograph of the property;
(3)
Detailed descriptions of proposed changes;
(4)
Perspective and elevation drawings, including relationship to adjacent
properties;
(5)
Samples of color and/or materials to be used;
(6)
Where the proposal includes signs and/or lettering, a scale drawing
showing the type of lettering to be used, all dimensions and colors,
a description of materials used, methods of illumination and a plan
showing the sign's location on the property; and
(7)
Any other information which the Commission may deem necessary in
order to visualize the proposed work.
B.
No building permit, demolition permit or other required permit shall
be issued by the Building Inspector for such work on a landmark property
or a property within an historic district until a certificate of appropriateness
has first been issued by the Planning Board. The certificate of appropriateness
required by this chapter shall be in addition to and not in lieu of
any permits the Town may require or any other laws or regulations.
The Building Inspector shall refer such permit application for a landmark
property or a property within an historic district to the Commission
and Planning Board within 10 working days of receipt or by such other
deadline established by the Commission.
C.
The Planning Board shall approve, approve with modifications, or
deny a certificate of appropriateness on such a permit within 77 days
from the receipt of the complete application. During this time the
applicant or applicant's representative may meet with the Commission
to consider alternative designs if needed, advice on technologies,
available restoration skills and possible financial assistance. The
Planning Board may also hold a public hearing on the application at
which an opportunity will be provided for proponents and opponents
of the application to present their views.
D.
All recommendations of the Commission and decisions of the Planning
Board shall be in writing. A copy shall be sent to the applicant by
certified mail, return receipt requested, and also a copy shall be
filed with the Town Clerk and the Town Building Inspector for public
inspection. The address used for such notification shall be the address
of the applicant as shown on the application for the building permit.
The Planning Board's decision shall state the reasons for granting,
modifying or denying any application.
E.
Certificates of Appropriateness shall be valid for 24 months after
which they shall be considered expired if the work has not commenced.
The property owner may apply to the Planning Board for a twelve-month
extension prior to the expiration of the certificate. Such extension
shall not be denied without good cause. Upon the expiration of an
issued certificate of appropriateness, the owner shall submit a new
application for approval prior to commencing any previously approved
work.
The Historic Preservation Commission and Planning Board shall
comply with the provisions of the State Environmental Quality Review
Act under Article 8 of the Environmental Conservation Law and its
implementing regulations.
All work 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 Inspector to inspect any such
work to assure compliance. In the event it is found that the work
is not being performed in accordance with the certificate of appropriateness,
or upon notification of such fact by the Commission, the Building
Inspector 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 nonconforming work shall be
removed unless approved by the Planning Board.
A.
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of a
landmark, a property under consideration for a landmark designation,
or a property within an historic district which does not involve a
change in design, material, color or outward appearance.
B.
No owner or occupant of real property designated as a landmark or
included within an historic district shall permit the property to
fall into a serious state of disrepair so as to result in the deterioration
of any exterior architectural feature which would, in the judgment
of the Commission, produce a detrimental effect upon the character
of a landmark or an historic district as a whole or the life and character
of the property itself. Examples of such deterioration include:
(1)
Deterioration of exterior wall or other vertical supports.
(2)
Deterioration of roofs or other horizontal members.
(3)
Deterioration of exterior chimneys.
(4)
Deterioration or crumbling of exterior stucco or mortar.
(5)
Ineffective waterproofing of exterior wall, roof or foundation, including
broken windows or doors.
(6)
Deterioration of any feature so as to create a hazardous condition
that could lead to the claim that demolition is necessary for the
public safety.
C.
The Commission shall conduct periodic surveys of buildings designated
as landmarks to determine that they are not in a state of disrepair
and that no alterations have been made in the features described in
preceding sections of this chapter without the owner having first
obtained a certificate of appropriateness. Assistance of the Building
Inspector may be requested as required in such surveys.
D.
The Commission shall promptly report to the proper state and/or federal
agencies all alterations to, or deterioration of, any property listed
on state and/or federal registers of historic landmarks, places, or
archeological site so listed as required by these agencies.
After receiving written notification from the Planning Board
of a denial of a certificate of appropriateness, an applicant may
commence the hardship process. No building permit or demolition permit
shall be issued until there is agreement between the applicant and
the Planning Board. The applicant shall consult in good faith with
the Commission, local preservation groups and interested parties in
a diligent effort to seek an alternative that will result in the preservation
of the property. If no agreement is reached within 30 days of the
date of the denial, the applicant may proceed with an appeal. In the
appeal process:
A.
Any person whose application for a certificate of appropriateness
has been denied by the Planning Board may apply for relief on the
grounds of hardship, within 30 days of the filing of the decision
in the office of the Building Inspector, by making a written application
to the Building Inspector for review of the decision by the Town Zoning
Board of Appeals.
B.
The Zoning Board of Appeals shall review the denial at its next scheduled
meeting after the application for review is filed with the Building
Inspector at which an opportunity to comment on the application is
afforded to all interested parties or any member of the public. The
Zoning Board of Appeals shall decide the application within 62 days
after the meeting, or any adjournments of extensions thereof. The
concurring vote of the Zoning Board of Appeals shall be necessary
to reverse or modify a decision of the Planning Board.
C.
In order to prove hardship, the applicant shall demonstrate to the
Zoning Board of Appeals that:
(1)
The applicant cannot realize a reasonable return, regardless of whether
that return represents the most profitable return possible;
(2)
The alleged hardship relating to the property is unique and does
not apply to a substantial portion of the district or neighborhood;
(3)
The request, if approved, would still conform with the designation of landmarks as described in § 109-5 of this chapter; and
(4)
The alleged hardship has not been self-created, which consideration
shall be relevant to the decision of the Zoning Board of Appeals but
shall not necessarily preclude the granting of relief.
(5)
In the case of a demolition or removal permit the applicant shall, in addition to Subsection C(1) through (4) above:
(a)
Show that the property cannot be adapted for any other use which
would result in a reasonable return without compromising its historic
integrity, whether by the current owner or by a willing purchaser;
and
(b)
Show that documented effort over a period of 12 months has failed
to find a purchaser willing to acquire and preserve the property's
historic integrity.
A.
Any person aggrieved by a decision of the Planning Board regarding
designations or a decision of the Zoning Board of Appeals regarding
Certificates of Appropriateness may apply to the Supreme Court for
relief by a proceeding under Article 78 of the Civil Practice Law
and Rules. The proceedings must be commenced within 30 days after
the filing of the decision with the Town Clerk.
B.
Costs shall not be allowed against the Town Board, the Zoning Board
of Appeals, the Planning Board, or their members, individually or
collectively, unless it should appear to the Court that they acted
with gross negligence or bad faith, or with malice in making their
decision.
C.
If upon proper hearing at the Supreme Court it shall appear to the
Court that testimony is necessary for the proper disposition of the
matter, it may take evidence or appoint a referee to take such evidence
as it may direct and report the same to the Court with his findings
of fact and conclusions of law, which shall constitute a part of the
proceedings upon which the determination of the Court shall be made.
The Court may reverse or affirm, wholly or partly, or may modify the
decision brought up for review determining all questions which may
be presented for determination.
A.
Failure to comply with any of the provisions of this chapter shall
be deemed a violation. Upon written notification by the Building Inspector,
the violator shall be liable for a fine of not less than $50 nor more
than $250 for each day the violation exists.
B.
Any person who constructs, alters, excavates, demolishes or permits
a property designated as a landmark to fall into serious state of
repair in violation of this chapter shall be required to restore the
property and its site to its appearance prior to the violation. Any
action to enforce this chapter shall be brought by the Town Attorney,
who shall be entitled to recover, in addition to the fine, all costs
and expenses incurred by the Town in pursuing compliance with this
chapter.
C.
This civil remedy shall be in addition to, and not in lieu of, any
criminal prosecution and penalty.
Should any section, paragraph, division, phrase or provision
of this chapter be judged by any court of competent jurisdiction to
be invalid or unconstitutional, such judgment shall not affect the
validity of this chapter as a whole, or any part or provision hereof
other than the part so adjudged as invalid or unconstitutional.
As used in this chapter, the following terms shall have the
meanings indicated:
Any act or process that changes one or more present exterior
or designated interior features of a landmark by change in color,
texture, composition, location, or removal and/or replacement of any
existing material not in kind.
An architecturally significant structure is one which represents
a rare or early example of a design that has become a widely known
style associated with a particular architectural period.
A permit issued by the Planning Board allowing exterior alteration,
restoration, reconstruction, demolition, new construction, any material
change or moving of a building designated as a landmark or any property
within an historic district.
Any act of erecting an addition to an existing structure,
or the erection of a principal or accessory structure on a lot or
property.
A type of preservation easement derived from the charitable
donation to an organization that is exempt from tax under Internal
Revenue Code, § 501(c)(3). A legal agreement designated
to protect a significant historic, archaeological or cultural resource
in which the current historical property owner is assured that the
building's front facade will be maintained, protected and preserved
forever by future owners.
The shape and structure of a building as distinguished from
the material of which it is composed.
Any area containing a significant concentration of structures,
landscape features, sites or objects having historic, archaeological,
cultural or aesthetic significance. Such designation shall remain
for the property through all ownership transfers.
Any property, lot or parcel of land, or combination thereof,
upon which an historic event occurred in the past, but no trace of
this event exists now. Such sites will not be subject to this preservation
law.
A local designation of a plot, property or building that
meets the requirements of this chapter and has been so designated
by the Planning Board. Such a designation shall be in effect through
all property transfers. Such a designation shall only be removed by
the Planning Board as outlined in this chapter.
The act of keeping a building in a state of repair.
The architectural relationship between the various masses
or volumes of a building, including proportion, profile, volume relationships
and contour.
Replacement in kind or refurbishing of materials on a structure.
The regular recurrence of similar features in a building.
The distance between any two objects in a usually regular
arranged series.
