[HISTORY: Adopted by the Board of Trustees
of the Village of East Aurora 5-26-1987 by L.L. No. 9-1987 (Ch. 15 of the 1972
Code); amended in its entirety 8-9-2021 by L.L. No. 4-2021.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: Prior amendments included L.L. Nos. 4-2004;
1-2006; and 7-2007.
It is hereby declared as a matter of public policy that the
protection, enhancement and perpetration 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 on its past, and inasmuch as East Aurora has many significant
historic, architectural and cultural resources which constitute its
heritage, this chapter is intended to:
A.Â
Protect and enhance the landmarks and historic districts which represent
distinctive elements of East Aurora's historic, architectural
and cultural heritage;
B.Â
Foster civic pride in the accomplishments of the past;
C.Â
Protect and enhance East Aurora's attractiveness to visitors
and support and stimulus to the economy thereby provided; and
D.Â
Ensure the harmonious, orderly, and efficient growth and development
of the Village of East Aurora.
There is hereby created a commission to be known as the "East
Aurora Historic Preservation Commission."
A.Â
The Commission shall consist of at least seven members to be appointed,
to the extent available in the community, by the Mayor as follows:
at least one shall be an architect; at least one shall be an historian;
at least one shall be an attorney; at least one shall be a resident
of an historic district; one shall be a licensed real estate professional,
to the extent available, and the remaining members 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 all members shall have
a known interest in historic preservation and architectural development
within the Village of East Aurora.
B.Â
Commission members shall serve for terms of four years and can serve
an unlimited number of terms.
C.Â
Commission members are required to attend one training event per
year.
D.Â
The Chairperson and Vice Chairperson of the Commission shall be elected
by and from among the members of the Commission.
E.Â
The Commission requires an independent secretary at its meetings.
F.Â
The powers of the Commission shall include:
(1)Â
Promulgation of rules and regulations as necessary for the conduct
of its business.
(2)Â
Adoption of criteria for the identification of significant historic,
architectural, and cultural landmarks and for the delineation of historic
districts.
(3)Â
Conduct of surveys of significant historic, architectural, and cultural
landmarks and historic districts within the Village.
(4)Â
Designation of identified structures or resources as landmarks and
historic districts.
(5)Â
Acceptance on behalf of the Village of the donation of facade easements
and development rights; the making of recommendations to the Village
Board of Trustees concerning the acquisition of facade easements or
other interests in real property as necessary to carry out the purposes
of this chapter.
(6)Â
Increasing public awareness of the value of historic, cultural and
architectural preservation by developing and participating in public
education programs.
(7)Â
Making recommendations to the Village Board of Trustees concerning
the utilization of state, federal or private funds to promote the
preservation of landmarks and historic districts within the Village
of East Aurora.
(8)Â
Recommending acquisition of a landmark structure by the Village of
East Aurora where its preservation is essential to the purposes of
this chapter and where private preservation is not feasible.
(9)Â
Approval or disapproval of applications for certificates of appropriateness
pursuant to this chapter.
G.Â
The Commission shall meet as 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.
H.Â
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.
I.Â
Upon request by the Commission, the Village Attorney and Village
Code Enforcement Officer (CEO) are required to provide the Commission
with timely copies of all correspondence, notices of violations, and
any other records.
A.Â
The Commission may, subject to the approval of the Village Board
of Trustees, designate an individual property as a landmark, if it:
(1)Â
Possesses special character or historic or aesthetic interest or
value as part of the cultural, political, economic or social history
of the locality, region, state or nation;
(2)Â
Is identified with historic personages;
(3)Â
Embodies the distinguishing characteristics of an architectural style;
(4)Â
Is the work of a designer whose work has significantly influenced
an age; or
(5)Â
Because of unique location or singular physical characteristic, represents
an established and familiar visual feature of the neighborhood.
B.Â
Designation of historic districts.
(1)Â
The Commission may, subject to the approval of the Village Board
of Trustees, designate a group of properties as an historic district
if it:
(2)Â
The boundaries of each historic district designated henceforth shall
be specified in detail and shall be filed, in writing, in the Village
Clerk's office for public inspection.
C.Â
Interior landmark: The Commission may designate/delineate 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 Village of East Aurora,
Town of Aurora, State of New York or the United States of America,
and:
The Commission shall delineate individual landmarks or historic
districts in the following manner:
A.Â
Initiation of proposed designation. Designation of an individual
historic landmark or historic district may be proposed by the Commission,
by the owner of the property, or by any resident of the Village of
East Aurora.
B.Â
Public hearing; general notice.
(1)Â
Within a reasonable time after receipt of a full application or other
matter referred to it, the Commission shall schedule a public hearing
on all proposed resource, individual landmark or historic district
designations. Public notice of any such hearing shall be given by
publication in a newspaper of general circulation within the Village
at least 15 days prior to the public hearing date.
(2)Â
The Commission shall require submission of written comments on the
application prior to designation of any landmark or historic district.
(3)Â
The Commission, property owners, 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 resource, individual landmark or historic
district.
C.Â
Notice of public hearing; multiple properties proposed for designation.
(1)Â
Ten properties or less: Notice of public hearing for a proposed designation
involving no more than 10 properties shall be sent by certified mail,
return receipt requested, or courier service with proof of delivery
or personal service with proof of delivery to the owners of properties
located within the area of the proposed historic district at least
15 days prior to the date of the public hearing. Such notice shall
include a description of the properties proposed for designation and
state the time and place where any public hearing to consider such
designation will be held by the Commission.
(2)Â
More than 10 properties: Where the proposed designation of an historic
district includes more than 10 properties and the Commission deems
individual notice infeasible, notice may instead be published at least
once in newspaper of general circulation in the Village 15 days prior
to the date of the public hearing. The notice shall specify the time
and place of the public hearing, a brief description of the proposed
designation, and the location where the proposal may be reviewed prior
to the hearing.
D.Â
Work moratorium. Once the Commission has issued notice of a proposed
designation, it may recommend to the municipal governing board that
a moratorium be put in place, prohibiting any work relating to the
individual landmark or district proposed for designation as long as
the proposed designation is under active consideration by the Commission
and until the Commission has made its decision on designation.
E.Â
Commission record. The Commission shall compile a public record in
support of its delineation of a resource, landmark or historic district.
In addition to testimony or documentary evidence received at any public
hearing, the record may also contain reports, public comments, expert
testimony, or other evidence offered outside of the hearing, but submitted
for the Commission's consideration by the date of the hearing.
At a minimum, the record of the delineation shall contain the application,
Commission and/or staff reports, any comments made on the application
at the public hearing, and the Commission's recommendation to
the Village Board of Trustees to approve, approve with modifications,
or deny the application requesting designation.
F.Â
Village decision. Within 62 days after the close of the public hearing,
the Village Board of Trustees shall by resolution undertake a designation
in whole or in part, or shall disapprove in entirety, setting forth
in writing the reasons for the decision. Notice of the Village Board
designation shall be sent by the Commission to the applicants and
owners of a designated property by certified mail, return receipt
requested, or in the case of an approved historic district, notice
shall be sent by the Commission to the applicants and owners of all
properties within the approved district by certified mail, return
receipt requested.
G.Â
The Commission may agree with the applicant, in writing, to extend
the time period within which a recommendation will be made.
H.Â
The Commission shall forward notice of each property designated as
an individual landmark and the boundaries of each designated historic
district to the Building Department and Planning Commission, and both
the Village Clerk and County Clerk for recordation.
I.Â
Failure to send notice. Failure to send any notice by mail to any
property owners where the address of such owner is not a matter of
property tax records shall not invalidate any proceedings in connection
with the proposed designation.
J.Â
Amendment or rescission. The Commission may amend or rescind any
designation of an individual landmark or historic district in the
same manner and procedure as followed for designation.
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, including,
but not limited to, its light fixtures, signs, sidewalks, fences,
steps, paving or other exterior elements visible from a public street
or alley which affects the appearance and cohesiveness of the historic
district, without first obtaining a certificate of appropriateness
from the Historic Preservation Commission. When making its determination,
the Commission may consider whether or not the proposed changes or
renovations can be seen from a public right-of-way.
A.Â
In passing upon an application for a certificate of appropriateness,
the Historic Preservation Commission shall not consider changes to
interior spaces, unless they are open to the public. The HPC shall
have discretion to consider whether the proposed alteration, repair
or renovation which is the subject of the certificate of appropriateness
is visible from a public street or alley. The Commission's decisions
shall be based upon the following principles:
(1)Â
Properties which contribute to the character of the historic district
shall be retained, with their historic features altered as little
as possible;
(2)Â
Any alteration of existing properties shall be compatible with its
historic character, as well as with the surrounding district; and
(3)Â
New construction shall be compatible with the district in which it
is located.
B.Â
In applying the principles of compatibility, the Commission shall
consider the following factors:
(1)Â
The general design, character and appropriateness to the property
of the proposed alteration or new construction.
(2)Â
The scale of the proposed alteration or new construction in relation
to the property itself, surrounding properties, and the neighborhood.
(3)Â
Texture and materials of the proposed alteration or new construction,
as well as the materials' inherent color, and their relation
to similar features of other properties in the neighborhood.
(4)Â
Visual compatibility with surrounding properties, including proportion
of the property's front facade, proportion and arrangement of
windows and other openings within the facade, roof shape, and the
rhythm of spacing of properties on streets, including setback.
(5)Â
The importance of historic, architectural or other features to the
significance of the property.
(6)Â
In approving an application for a certificate of appropriateness,
the Commission shall not review changes to reversible exterior paint
colors.
A.Â
Prior to the commencement of any work requiring a certificate of
appropriateness, the owner shall file an application for such a certificate
with the Historic Preservation Commission. The application shall contain:
(1)Â
Name, address and telephone number of applicant;
(2)Â
Location and photographs of property;
(3)Â
Elevation drawings of proposed changes, if available;
(4)Â
Perspective drawings, including relationship to adjacent properties,
if available;
(5)Â
Where the proposal includes signs or lettering, a scale drawing showing
the type of lettering to be used, all dimensions and colors, a description
of materials to be used, method of illumination and a plan showing
the sign's location on the property;
(6)Â
Sample(s) of color and/or materials to be used;
(7)Â
Any other customary and reasonable information which the Commission
may deem necessary in order to visualize the proposed work.
B.Â
No building permit shall be issued for such proposed work until a
certificate of appropriateness has first been issued by the Historic
Preservation Commission. The certificate of appropriateness required
by this chapter shall be in addition to and not in lieu of any building
permit that may be required by any other law of the Village of East
Aurora.
C.Â
The Commission may approve, deny, or approve the permit with modifications
within 15 days from receipt of the completed application. The Commission
may 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.Â
All decisions of the Commission shall be in writing. A copy shall
be sent to the applicant by registered mail and a copy filed with
the Village Clerk's office for public inspection. The Commission's
decision shall state the reasons for denying or modifying any application.
E.Â
Expiration of approval.
(1)Â
Extension of approval certificates of appropriateness shall be valid
for 24 months, after which time the owner shall apply for a new certificate
if he/she still wishes to undertake work on the property.
(2)Â
At least two months prior to expiration of the twenty-four-month
period, the owner may apply, in writing, for an extension and shall
explain the reasons for the extension request.
(3)Â
The Commission may grant up to two extensions of six months each.
(4)Â
A written application for an extension of a certificate of appropriateness
approval shall not be considered an application for a new certificate
of appropriateness.
A.Â
An applicant whose certificate of appropriateness for a proposed
demolition 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:
(1)Â
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible;
(2)Â
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
(3)Â
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
B.Â
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:
(1)Â
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible;
(2)Â
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
(3)Â
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
A.Â
After receiving written notification from the Commission of the denial
of a certificate of appropriateness, an applicant may commence the
hardship process. No building permit or demolition permit shall be
issued unless the Commission makes a finding that a hardship exists.
Such decision shall be made within 30 days from receipt of the hardship
application.
B.Â
The Commission may hold a public hearing on the hardship application,
at which an opportunity will be provided for proponents and opponents
of the application to present their views.
C.Â
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 preservation of the property.
D.Â
All decisions of the Commission shall be in writing. A copy shall
be sent to the applicant by registered mail and a copy filed with
the Village Clerk's office for public inspection. The Commission's
decision shall state the reasons for granting or denying the hardship
application.
A.Â
Demolition of an individual landmark or of a structure located in
and contributing to the significance of an historic district shall
be allowed only in case of economic hardship, unless the building
department, upon due deliberation, has made an express written finding
that the structure presents an imminent threat to the public health,
safety and welfare.
B.Â
Any person desiring to demolish a designated historic building shall
first file an application for an historic building demolition permit
with the Building Department and an application for such certificate
with the Commission. An applicant must submit the following items:
(1)Â
Current level of economic return;
(2)Â
Amount paid for the property, date of purchase, party from whom purchased,
and relationship between the owner of record, the applicant, and the
person from whom the property was purchased;
(3)Â
Annual gross and net income from the property for the previous three
years; itemized operating and maintenance expenses for the previous
three years; and depreciation deduction and annual cash flow before
and after debt service, if any, during the same period;
(4)Â
Remaining balance on the mortgage or other financing secured by the
property and annual debt service, if any, during the prior three years;
(5)Â
Real estate taxes for the previous four years and assessed value
of the property according to the two most recent assessed valuations;
(6)Â
All appraisals obtained within the last two years by the owner or
applicant in connection with the purchase, financing, or ownership
of the property;
(7)Â
Form of ownership or operation of the property, whether sole proprietorship,
for-profit or not-for-profit corporation, limited partnership, joint
venture, or other;
(8)Â
Any state or federal income tax returns relating to the property
for the last two years;
(9)Â
Any listing of property for sale or rent, price asked, and offers
received, if any, within the previous two years, including testimony
and relevant documents regarding:
(10)Â
Feasibility of alternative uses for the property that could
earn a reasonable economic return;
(11)Â
Report from a licensed engineer or architect with experience
in rehabilitation as to the structural soundness of any buildings
on the property and their suitability for rehabilitation;
(12)Â
Cost estimates for the proposed construction, alteration, demolition,
or removal, and an estimate of any additional cost that would be incurred
to comply with the requirements for a certificate of appropriateness;
(14)Â
Expert testimony or opinion on the feasibility of rehabilitation
or reuse of the existing structure by an architect, developer, real
estate consultant, appraiser, and/or other real estate professional
experienced in historic properties and rehabilitation;
(15)Â
Any evidence of self-created hardship through deliberate neglect
or inadequate maintenance of the property; and
(16)Â
Economic incentives and/or funding available to the applicant
through federal, state, city, or private programs.
C.Â
Demolition of any such building may be approved only in connection
with approval of a replacement project.
D.Â
The Commission shall hold a public hearing and shall take one of
the following actions:
E.Â
During the continuance period, the Commission may investigate relocation
of the building (on-site) or modification of the building for future
uses in a way which preserves the architectural and historical integrity
of the building.
A.Â
Certificate of appropriateness for demolition, removal or relocation.
An applicant whose certificate of appropriateness for a proposed demolition,
removal or relocation of a landmark, resource or property has been
denied may apply for relief on the ground of economic hardship. In
order to prove the existence of economic hardship sufficient to justify
demolition, removal, or relocation, the applicant shall establish
that the denial of a certificate of appropriateness will prevent the
property owner from earning a reasonable return on investment, regardless
of whether that return represents the most profitable return possible.
B.Â
Certificate of appropriateness for demolition. The applicant for
a certificate of appropriateness for demolition must establish, to
the Commission's satisfaction, an imminent plan of reuse or redevelopment
of the affected property. The applicant for an income-producing property
shall establish that:
(1)Â
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible;
and
(2)Â
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
(3)Â
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
(4)Â
In deciding upon such application for removal, relocation or demolition,
the Commission may consider whether the owner has created his own
hardship through waste and neglect, thereby permitting the property
to fall into a serious state of disrepair.
C.Â
Before approving the removal, relocation or demolition of an individual
landmark or structure within an historic district, the Commission
may suspend the application for up to 180 days to allow the applicant
to consult in good faith with the Commission, local preservation groups,
and the public in a diligent effort to seek a less intrusive alternative
to demolition.
A.Â
Ordinary maintenance; repair.
(1)Â
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of an
historic landmark or property within an historic district that does
not involve a change in design, building materials, color or outward
appearance.
(2)Â
The Commission may evaluate and decide, without a public hearing,
whether or not proposed work constitutes ordinary maintenance and
repair or requires a certificate of appropriateness.
B.Â
No owner or person with an interest in real property designated as
an individual landmark or included with an historic district shall
permit the property to fall into a serious state of disrepair. Maintenance
shall be required, consistent with the Property Maintenance Code of
New York State Uniform Fire Prevention and Building Code and all other
applicable local regulations.
C.Â
Every owner or person in charge of an improvement on a landmark site
or in an historic district shall keep in good repair:
(1)Â
All of the exterior portions of such improvements; and
(2)Â
All interior portions thereof which, if not so maintained, may cause
or tend to cause the exterior portions of such improvement to deteriorate,
decay or become damaged or otherwise to fall into a serious state
of disrepair. Examples of types of prohibited disrepair include, but
are not limited to:
(a)Â
Deteriorated or crumbling exterior plasters, mortar or facades;
(b)Â
Deteriorated or inadequate foundation;
(c)Â
Defective or deteriorated flooring or floor supports or any
structural floor members of insufficient size to carry imposed loads
with safety;
(d)Â
Deteriorated walls or other vertical structural supports that
split, lean, list or buckle due to defective material or deterioration;
(e)Â
Members of ceilings, roofs, ceiling and roof supports or other
horizontal members which sag, split or buckle due to defective material
or deterioration or are of insufficient size to carry imposed loads;
(f)Â
Ineffective or inadequate waterproofing of exterior walls, exterior
chimneys, roofs, foundations or floors, including windows or doors,
which may cause or tend to cause deterioration, decay or damage;
(g)Â
Defective or insufficient weather protection for roofs, foundation
or exterior wall covering, including lack of paint, or weathering
due to lack of paint or other protective covering, which may cause
or tend to cause deterioration, decay or damage;
(h)Â
Fireplaces or chimneys which list, bulge or settle due to defective
material or deterioration or are of insufficient size or strength
to carry imposed loads with safety;
(i)Â
Any fault or defect in the building or structure which renders
it not properly watertight or otherwise compromises the life and character
of the building or structure.
D.Â
Interiors: Every owner or person in charge of an improvement to an
interior landmark shall keep in good repair:
E.Â
Every owner or person in charge of a scenic landmark shall keep in
good repair all portions thereof.
A.Â
All work performed pursuant to a certificate of appropriateness issued
under this chapter shall conform to the requirements expressly stated
in the certificate or reasonably implied therefrom. It shall be the
duty of the Code Enforcement Officer (CEO) to periodically inspect
any such work to assure compliance with the certificate and all applicable
law. In the event any requirement included in the certificate of appropriateness
has not been met, or upon notification of that fact by the Historic
Preservation Commission, the 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.
B.Â
Any owner or person in charge of a property who demolishes, alters,
constructs, or permits a designated property to fall into a serious
state of disrepair in violation of this chapter, in the absence of
a certificate of appropriateness, a finding of economic hardship,
or other approval by the Commission, may be required by the Village
Board of Trustees to restore the property and its site to its appearance
prior to the violation.
C.Â
If, in the judgment of the Commission, a violation of this chapter
exists that will result in a detrimental effect upon the life and
character of a designated historic resource, landmark, or property
or on the character of an historic district as a whole, the Commission
shall notify the Code Enforcement Officer. If, upon investigation,
the Code Enforcement Officer finds noncompliance with the requirements
of the Property Maintenance Code of the New York State Fire Prevention
and Building Code, or any other applicable law or regulation, the
Code Enforcement Officer shall order such remedies as are necessary
and consistent with this chapter and shall provide written notice
thereof to the Secretary of the Commission.
D.Â
Penalties (Residential and Commercial Property Owners). A violation
of this chapter is deemed an offense punishable as follows:
(1)Â
The first notice of noncompliance is issued by the Village Code Enforcement
Officer, and the Commission is carbon-copied. The Commission's
proposed solution is for the property owner to remedy the violations
from the certificate of appropriateness, and the property owner has
60 days from date of receipt of said notice.
(2)Â
If the property owner still fails to comply, then Village Code Enforcement
Officer issues a second notice and carbon-copies the Commission. The
Commission's proposed solution is for the property owner to remedy
the violations from the certificate of appropriateness. Furthermore,
the Village Code Enforcement Officer will advise the Village Attorney
that further enforcement may be necessary, including the application
of fines.
(3)Â
If the property owner still does not remedy the defects from the
certificate of appropriateness within 60 days of receipt of the second
notice, then the Village Code Enforcement Officer will advise the
Village Attorney that further enforcement is necessary.
(4)Â
Moreover, the Village Code Enforcement Officer will take the property
owner's noncompliance into account when reviewing any future
building permit application(s) submitted by the property owner or
their proxy. Finally, the Village Code Enforcement Officer can consider
a moratorium on any further work requested by the property owner or
their proxy.
(5)Â
Proposed fines:
(a)Â
A first conviction for violation of this chapter may result
in a fine not exceeding $350.
(b)Â
A second conviction for violation of this chapter, if the occurrence
that leads to conviction began within a period of five years from
the date of first conviction, may result in a fine not less than $350,
nor more than $700.
(c)Â
A conviction for a third or subsequent offense, all of which
were committed within a period of five years from when the occurrence
leading to the first conviction began, shall include a fine of not
less than $700, nor more than $1,000.
(d)Â
In addition to any penalties imposed under this chapter, continued
violations of this chapter shall be punishable in any other manner
provided under other local regulations, and state and federal law.
Any person aggrieved by a decision of the Historic Preservation
Commission relating to hardship or a certificate of appropriateness
may, within 15 days of the decision, file a written application with
the Village Board of Trustees for review of the decision.