[HISTORY: Adopted by the Town Board of the Town of Sweden 4-27-1993
by L.L. No. 1-1993. Amendments noted where applicable.]
It is hereby declared as a matter of public policy that the protection,
enhancement and perpetuation of landmarks, landmark sites and historic districts
and rural landscapes/viewscapes is necessary to promote the economic, cultural,
educational and general welfare of the public. The Town is authorized to enact
a local law pursuant to Municipal Home Rule Law § 96-a to effect
and accomplish the protection, enhancement and perpetuation of such improvements
which represent or reflect elements of the Town's cultural, social, economic,
political and architectural and rural history; to safeguard the Town's historic,
aesthetic, cultural and rural heritage, as is embodied and reflected in such
improvements and districts; to stabilize and improve property values; to ensure
the harmonious, orderly and efficient growth and development of the Town;
to foster civic pride in the accomplishments of the past; and to protect and
enhance the Town's attractiveness to visitors and to provide an educational
role in the community with regard to historic structures and landmarks preservation.
A.
Jurisdiction and purpose. To effectuate the goals of
this chapter, there is hereby created in and for the Town of Sweden the Landmarks
Advisory Committee (hereinafter, the "Committee").
B.
Composition and selection.
(1)
The members of the Committee shall be appointed by the
Town Board. The Committee shall consist of five members, all of whom shall
be Town residents. One member shall be an historian and one member shall be
an architect, where possible. All members shall have a known interest in historic
preservation and architectural development within the Town of Sweden.
(2)
The members of the Committee shall serve three-year terms,
except that initially two members shall be appointed for three-year terms,
two members for two-year terms and one member for a one-year term.
(3)
The Chairman and Vice Chairman of the Committee shall
be appointed by the Town Board based on the recommendation of the Committee.
(4)
Vacancies shall be filled by the Town Board.
C.
Powers and duties.
(1)
The Committee shall investigate, document and make recommendations, at its discretion, to the Town Board to designate landmarks, landmark sites, historic districts and rural landscapes/viewscapes, pursuant to § 125-3 herein.
(2)
The Committee shall make recommendations for the maintenance
of the historic character of the designated landmarks, landmark sites, historic
districts and rural landscapes/viewscapes.
(3)
The Committee, in carrying out the aforementioned duties,
shall have the power to:
(a)
Promulgate rules and regulations as necessary for the
conduct of its business as set forth in this chapter.
(b)
Adopt criteria for the identification of significant
historic, architectural and cultural structures, sites and areas for the delineation
of historic districts.
(c)
Conduct surveys, in consultation with public or private
agencies, if appropriate, of buildings for the purpose of determining those
of historic, architectural or cultural significance and pertinent facts about
them.
(d)
Identify structures or resources as landmarks, landmark
sites and historic districts.
(e)
Increase public awareness of the value of historic, architectural
and cultural preservation by developing and participating in public information
programs.
(f)
Make recommendations to the Town Board of Sweden concerning
the utilization of state, federal or private funds to promote the preservation
of landmarks, historic districts and rural landscapes/viewscapes within the
Town.
(g)
Formulate and publish recommendations concerning the
preparation of maps, brochures and historical markers for designated historic,
architectural and cultural landmarks, landmark sites and buildings and rural
landscapes/viewscapes.
(h)
Advise owners of historic buildings on problems and benefits
of preservation and restoration; assist owners of historical buildings with
preservation plans and activities; and provide advice as to recommended restoration
or choice of appropriate materials, as compatible with the historic nature
of the landmark, landmark site and/or historical district and rural landscapes/viewscapes
and the intent of this chapter.
D.
The Committee shall meet as needed, and meetings may
be held at any time on the written request of any two of the Committee members
or on the call of the Chairman or the Town Board. Minutes of all meetings
shall be required and shall become part of the public record.
[Amended 8-22-2006 by L.L. No. 3-2006]
E.
A majority of the Committee shall constitute a quorum
for the transaction of its business or the performance of its functions, and
the concurring vote of a majority of those constituting a quorum shall be
necessary for the adoption of any recommendations or other acts of the Committee.
A.
Owners of properties wishing to be considered for landmark
status should contact the Landmarks Advisory Committee.
B.
The Town Board, upon recommendation of the Committee
and with the concurrence of the owner(s) and after consultation with the Town
Planning Board, may designate an individual property, building, structure,
place or work of art or other object constituting a physical betterment of
real property, or any part of such betterment, a landmark or landmark site
or rural landscapes/viewscapes if it:
(1)
Possesses special character of historic or aesthetic
interest or value as part of the cultural, political, economic, social or
military heritage of the Town, region, state or nation.
(2)
Is identified with historic personages.
(3)
Embodies distinctive characteristics of a type, period
or method of construction or possesses unique architectural and artistic qualities.
(4)
Is the work of a designer, architect or master whose
work has significantly influenced an age.
(5)
Because of a unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood.
C.
The Town Board, upon recommendation of the Committee
and with the concurrence of the owners, may designate a group of properties
as an historic district if it:
(1)
Contains properties which meet one or more of the criteria
for designation of a landmark or landmark site.
(2)
Possesses a unique overall quality of architectural scale,
texture, form and visual homogeneity, even though certain structures within
the district may lack individual distinction or integrity.
(3)
By reason of possessing such qualities, constitutes a
distinct section of the Town.
D.
Notice of a proposed designation shall be sent by registered
mail to the owner of the property proposed for designation, describing the
property proposed and announcing a public hearing by the Town Board to consider
the designation.
E.
The Town Board shall hold a public hearing prior to designation
of any landmark, landmark site or historic district or rural landscapes/viewscapes.
The Committee, 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 landmark,
landmark site or historical district. The record may also contain staff reports,
public comments or other evidence offered outside of the hearing.
F.
The Town Board shall file notice of each property designated
as a landmark or landmark site and of the boundaries of each designated historic
district in the office of the Town Clerk.
G.
Within 10 days following the adoption of a resolution
establishing a landmark, landmark site or historic district or rural landscapes/viewscapes,
such property or area shall be so designated on the Official Map of the Town
and will indicate the portions of the land embracing the landmark, landmark
site, historic district or rural landscapes/viewscapes.
H.
Any designation made under this chapter shall be in full
force and effect from and after the date of filing the notice in the Town
Clerk's office.
A.
No person shall alter, construct, remove, reconstruct,
demolish or otherwise significantly change the exterior of any property designated
as a landmark or within the historic district without first obtaining a certificate
of appropriateness from the Landmarks Advisory Committee.
(1)
Exterior improvements which need the approval of the
Committee include:
(a)
Erection of a new building.
(b)
Demolition of a building, porch, garage or any part thereof.
(c)
Additions, alterations or enclosures of porches.
(d)
Replacement of windows or doors with different size,
type or design.
(e)
Erection of a new fire escape, fence or new sign or replacement
sign.
(f)
Sandblasting or other chemical treatment of brick or
stone.
(g)
Any additions or substantial alterations to the exterior
sidewalls or roofs.
(h)
Any major change in landscaping and changes in the amount
of paving in parking areas and their screening.
(2)
Criteria for approval of a certificate of appropriateness.
In determining compatibility, the Committee shall consider the following factors:
(a)
The general design, character and appropriateness to
the property of the proposed alteration or new construction.
(b)
The scale of proposed alteration or new construction
in relation to the property itself, surrounding properties and the neighborhood.
(c)
Texture, materials and color and their relation to similar
features of other properties in the neighborhood.
(d)
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.
(e)
The importance of historic, architectural or other features
to the significance of the property.
B.
The following procedures shall apply in regard to such
a change in any such property:
(1)
Any application to the Town of Sweden for a building
permit for a change as described above shall also be deemed an application
for a certificate of appropriateness and shall be forwarded to the Landmarks
Advisory Committee with copies of all detailed plans, elevations, specifications
and documents relating thereto. An application must be filed with the Landmarks
Advisory Committee even if no permit is required by the Town for a change.
The Landmarks Advisory Committee shall act on such applications within 20
working days. No building permit shall be issued for the work until a certificate
of appropriateness has been issued by the Landmarks Advisory Committee.
(3)
If the Landmarks Advisory Committee 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 chapter or will remedy any conditions imminently
dangerous to life, health or property, as determined by the Code Enforcement
Officer or the Fire Department, then the Landmarks Advisory Committee shall
issue a certificate of appropriateness. No building permit shall be issued
until a certificate of appropriateness had been issued by the Landmarks Advisory
Committee. This certificate shall be in addition to, and not in lieu of, any
building permit or variances required by the Town.
(4)
If the Landmarks Advisory Committee finds that the change
proposed by the applicant will adversely affect any significant property or
is inappropriate or is inconsistent with the spirit and purpose of this chapter,
the Landmarks Advisory Committee 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)
Hardship criteria. An applicant whose certificate of
appropriateness for a proposed alteration has been denied may apply for relief
on the grounds of hardship. Hardship will be adjudged on the basis of the
following criteria:
(a)
The property is incapable of earning a reasonable return,
regardless of whether that return represents the most profitable return possible.
(b)
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.
(c)
Efforts to find a purchaser interested in acquiring the
property and preserving it have failed.
(6)
Appeals. Any person aggrieved by the decision of the
Landmarks Advisory Committee by reason of hardship or by disapproval of application
for certificate of appropriateness may, within 30 days of the decision, file
a written application with the Town Board for review of the decision.
A.
Nothing in this chapter 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 Code Enforcement Officer shall certify is required by public
safety. Every owner, lessee or occupant of a designated historic property
shall keep the same in good repair:
B.
The provisions of this section shall be in addition to
all other provisions of law requiring any such improvements.
[Added 8-22-2006 by L.L.
No. 3-2006]
Violation of this chapter shall be subject to a fine of not more than
$250 or imprisonment for not more than 15 days, or both, for each day the
violation continues.
