City of Franklin, NH
Merrimack County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Franklin 1-3-2005 by Ord. No. 06-05. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 77.
Zoning — See Ch. 305.
Planning Board procedures — See Div. 4.
The Heritage Commission is established pursuant to RSA 673:1.II and RSA 674:44-a.
The Commission is hereby designated as the "Franklin Heritage Commission."
The Franklin Heritage Commission (hereinafter "the Commission") shall be organized consistent with and pursuant to RSA 673:4-a. The Commission shall consist of five members who shall be appointed by the Mayor. One member shall be a member of the City Council, and not more than one member may be a member of the Planning Board; the terms of these individuals shall coincide with the terms of their offices. The terms of the remaining members shall be for three years. The Mayor may appoint to the Commission two alternate members. All members shall be residents of the City of Franklin. Members of the Commission may also serve on other City boards or commissions. The removal of any member shall be consistent with Article 1, Chapter 61, of the Franklin Municipal Code. Vacancies shall be filled as necessary by the appointing authority.
The Commission shall elect a Chairperson from the appointed members, except ex officio members, and create and fill such other offices as it may deem necessary for its work. The term of the Chairperson shall be one year, and he or she shall be eligible for reelection.
Meetings of the Commission shall be held at the call of the Chairperson and at other times as the Commission may determine. A majority of the members shall constitute the quorum necessary to transact business. All meetings and records are subject to the Right-To-Know Law.
All activities regarding staff and finances shall be pursuant to RSA 673:16.
A. 
The Franklin Heritage Commission shall have the powers and duties designated in RSA 674:44-b I-III and RSA 674:44-d, including but not limited to the ability to:
(1) 
Survey and inventory all cultural resources.
(2) 
Conduct research and publish findings, including reports to establish the legal basis for a district and preparation of historic district ordinances.
(3) 
Assist the Planning Board, as requested, in the development and review of those sections of the Master Plan which address cultural and historic resources.
(4) 
Place any funds appropriated by the City Council into a Heritage Fund account for the purposes of the Commission. Any gifts of money given to the Commission shall be placed with said Heritage Fund account and may be expended by the Commission for its proper purposes.
(5) 
Receive gifts of property, both real and personal, in the name of the City, subject to the approval of the City Council, said gifts to be managed and controlled by the Commission for its proper purposes.
B. 
The Franklin Heritage Commission may exercise all powers and duties of a Historic District Commission, conferred upon such commissions by RSA 674:46-a.
[Added 9-6-2005 by Ord. No. 01-06; amended 6-5-2006 by Ord. No. 08-06]
C. 
It shall be the duty of the Heritage Commission to develop a policy and regulations for the accomplishment of the purposes of this ordinance in accordance with RSA 676:8-9 and the review criteria.
[Added 9-6-2005 by Ord. No. 01-06; amended 6-5-2006 by Ord. No. 08-06]
[Added 9-6-2005 by Ord. No. 01-06]
The purpose of this chapter shall be to:
A. 
Safeguard Franklin's heritage by providing for the protection of the structures and areas representing significant elements of its cultural, social, economic, political, and architectural history.
B. 
Foster the visual character of the municipality by encouraging and regulating the compatibility of construction within the historic district to reflect or respect established architectural traditions.
C. 
Strengthen the economy of the City by protecting and enhancing the attractiveness of the community to residents, businesses, and visitors.
D. 
Enhance property values.
E. 
Promote the public and private use of structures and areas within the district for the education, pleasure, prosperity, and general welfare of the community.
[Added 9-6-2005 by Ord. No. 01-06]
A. 
The historic district land areas referenced and administered by this chapter shall be referred to and collectively known as the "Franklin Historic Districts."
B. 
The location of the Franklin Historic Districts shall be shown on the Historic District Overlay Map attached to this chapter and filed in the City Planning Office.
C. 
Included within the Franklin Historic Districts are:
(1) 
Franklin Falls: all buildings, landscape, signs, roads and sites of the National Register District called "Franklin Falls Historic District," which was cited by the U.S. Department of Interior, National Park Service, because the area presents:
(a) 
Tangible record of industrial, commercial and public sector development within the context of an intact, late nineteenth-century New Hampshire mill town.
(b) 
Participation in the development of the State of New Hampshire.
(c) 
Local civic pride.
(2) 
Individual historic buildings.
(a) 
The National Landmark building titled "Daniel Webster Family Home, The Elms."
D. 
A set of guidelines for nominating additions to the Franklin Historic Districts shall be established by the Heritage Commission.
E. 
The Franklin City Council must approve any nomination before it can be added to the Franklin Historic Districts.[1]
[1]
Editor's Note: Former Subsection F, regarding the role of the Heritage Commission with respect to building permits, which immediately followed this subsection, was repealed 6-5-2006 by Ord. No. 08-06.
[Added 9-6-2005 by Ord. No. 01-06; amended 6-5-2006 by Ord. No. 08-06]
A. 
Activities requiring review: alteration, addition, erection, painting, roofing, relocation, or demolition of buildings, signs, facades, exterior features (including signs), and features on view to the exterior; construction or alteration of any stone wall, fencing, trees and landscaping; new construction.
B. 
Review criteria. In reviewing purposed changes to the Franklin Falls Historic District, the Commission's focus will be the construction date of the building if the building was built prior to WWII. To restore each building and its setting will be the ideal goal. Review will be based on documentation of the original design and construction. The available documentation of Franklin during the time period 1895 - 1905 will also be considered. If documentation of a specific building is not available, documentation of similar buildings of the time period, located in or near Franklin, will be acceptable. Buildings built after WWII and new construction will use as a guide the 1895 - 1905 building that was on the site and/or the present surrounding buildings. Consideration will be given to the building's change of use and present economics.
C. 
The regulations and policies prepared by the Board and voted on after a public hearing will lay out any detail.
[Added 9-6-2005 by Ord. No. 01-06]
The Heritage Commission shall not require review of ordinary maintenance and repair of any exterior feature which does not involve removal or a change in design, dimensions, materials, or outer appearance of such features.
[Added 9-6-2005 by Ord. No. 01-06; amended 6-5-2006 by Ord. No. 08-06]
Failure to comply with any of the provisions of this chapter shall be deemed a violation and the violator shall be liable to the maximum fine authorized by RSA 676:17, and each day of violation shall constitute a separate violation. In accordance with RSA 676:17-a, the violator will be served with a cease and desist order by the Planning Office if work commences before the issuing of Heritage Commission approvals.
[Added 9-6-2005 by Ord. No. 01-06]
Any person or persons jointly or severally aggrieved by a decision of the Heritage Commission shall have the right to appeal such decision to the Zoning Board of Adjustment, within seven days, according to state law. The ZBA shall use state law, this chapter, and the rules and regulations established by the Heritage Commission in considering those appeals.
[Added 9-6-2005 by Ord. No. 01-06]
If any section, subsection, phrase, sentence or portion of this chapter is for any reason held invalid or unconstitutional by any court or competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.
[Added 9-6-2005 by Ord. No. 01-06]
This chapter shall take effect the day after approval by the Franklin City Council.