This chapter shall be known and may be cited as the "Village
of Hamburg Landmarks Preservation Local Law."
Pursuant to Article 5, § 96-a; Article 5-G, Article 5-J and Article 5-K, § 119-dd of the General Municipal Law; Article
14 of the Parks, Recreation and Historical Preservation Law; and § 10 of the Municipal Home Rule Law; it is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of landmarks and historic districts are necessary to promote the cultural, economic and general welfare of the public.
There is hereby created a commission to be known as the Village
of Hamburg Historic Preservation Commission.
A. Membership. The Commission shall consist of seven members.
B. Appointments. Members of the Commission shall be appointed by the
Village Mayor subject to approval of the Village Board of Trustees.
No person appointed to the Commission can also serve as a member of
the Village governing board establishing the Commission.
C. Term of office. The terms for all members of the Commission shall
be staggered and fixed so that the term of one or two member(s) shall
expire at the end of the Village term calendar year (April 3) in which
all such commission members were initially appointed. The terms of
the remaining members shall be so fixed that one or two term(s) shall
expire at the end of Village term calendar year (April 3) thereafter.
At the expiration of the term of each member first appointed, his
or her successor shall be appointed for a term which shall be four
years.
D. Qualifications. To the extent possible, Commission members shall
be required to have the following expertise:
(1) At least one shall be a historian;
(2) At least one shall be an architect;
(3) At least one shall be a state-licensed real estate professional;
(4) At least one shall have demonstrated significant interest in and
commitment to the field of preservation planning as evidenced either
by involvement in a local or regional historic preservation group,
employment or volunteer activity in the field of preservation planning,
or other serious interest in the field; and,
(5) All members shall have a known interest in historic preservation
and planning within the Village of Hamburg.
(6) In the event that the Village Board of Trustees determines that any of the positions described in Subsection
D(1),
(2),
(3),
(4) and
(5) cannot be filled by persons so qualified, the Village Board of Trustees may fill any such position by appointing persons qualified under Subsection
D(4) or
(5).
E. Vacancies. Vacancies occurring in the Commission other than by expiration
of term of office shall be filled by appointment of the Village Mayor.
Any such appointment shall be for the unexpired portion of the term
of the replaced member, and the appointment must be made in accordance
with the criteria established above for original appointments.
F. Reappointment. Members may serve for no more than a maximum of two
full four year terms before stepping down from the Commission. A previous
appointee may be reappointed after a two year hiatus from the Commission.
Each member shall serve until the appointment of a successor, or until
they serve two consecutive four year terms. The term limits imposed
by this subsection may be waived or modified by resolution of the
Village Board of Trustees upon recommendation of the Commission when,
in the judgment of the Village Board of Trustees, it is in the best
interest to do so.
G. Compensation. Members shall serve without compensation.
H. Training and attendance requirements:
(1) Each member of the Commission shall complete, at a minimum, four
hours of training each year designed to enable such members to more
effectively carry out their duties. Training received by a member
in excess of four hours in any one year may be carried over by the
member into succeeding years in order to meet this requirement. Such
training shall be approved by the Village Board of Trustees and may
include, but not be limited to, training provided by a municipality,
regional or county planning office or commission, county planning
federation, state agency, statewide municipal association, college
or other similar entity. Training may be provided in a variety of
formats, including but not limited to, electronic media, video, distance
learning and traditional classroom training.
(2) To be eligible for reappointment to the Commission, a member shall
have completed the training approved by the Village Board of Trustees.
(3) The training may be waived or modified by resolution of the Village
Board of Trustees when, in the judgment of the Village Board of Trustees,
it is in the best interest to do so.
(4) No decision of a commission shall be voided or declared invalid because
of a failure to comply with this subsection.
The Commission may, in its by-laws, establish permanent or ad
hoc committees consisting of no less than three current members of
the commission for assignments assigned to it by the full Commission.
All Village departments shall, upon request of the commission,
assist and furnish available permits, plans, reports, maps and statistical
and other information in that department's possession which the
commission may require for its work.
The Commission shall designate landmarks or historic districts
within the Village under this chapter.
A. Individual landmark. The Commission may designate an individual property
as an individual landmark if it:
(1) Exemplifies or possesses special character, or historic or aesthetic
interest of value as part of the political, economic, or social history
of the Village;
(2) Is identified with persons or events significant in local, state,
or national history;
(3) Embodies the distinguishing characteristics of a type, period or
method of construction or design style, or is a valuable example of
the use of indigenous materials or craftsmanship; or is representative
of the work of a designer, architect or builder;
(4) Represents an established and familiar visual feature of the community
by virtue of its unique location or singular physical characteristic,
represents an established and familiar visual feature of the community;
or
(5) Has yielded or may be likely to yield information important in prehistory
or history.
B. Historic district. The Commission may designate a group of properties
within the Village as an historic district if a majority of properties
therein:
(1) Contains properties which meet one or more of the criteria for designation
as a landmark and which may have within its boundaries other properties
or structures that, while not of such historic and/or architectural
significance to be designated as landmarks, nevertheless contribute
to the overall visual characteristics of the landmark or landmarks
located within the historic district; and
(2) Constitute a unique section of the Village by reason of possessing
those qualities that would satisfy such criteria.
C. Scenic landmark. The Commission may designate a landscape feature
or group of features. Recommendations for designation must be accompanied
by such historical and architectural information as is required by
the commission to make an informed recommendation concerning the application,
together with any fee set by the Village Board of Trustees.
D. The boundaries of each landmark, scenic landmark or historic district
shall be specified in detail with reference to the tax map identification
number and shall be filed, in writing, in the Village Clerk's
office and there made available for review by the public.
E. Ordinarily, properties that have achieved significance within the
past 50 years are not considered eligible for designation under this
landmarks preservation chapter or local law adopted by the Village
Board of Trustees. However, such properties will qualify if they are:
(1) Integral parts of historic districts that meet the criteria for designation;
or
(2) If they are properties of exceptional importance.
The Commission shall designate individual landmarks or historic
districts in the following manner:
A. 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. Within
five days of the receipt of a proposal of designation, or of the time
the Commission makes a proposal of designation, notice shall be personally
served upon the property owner or mailed by registered mail, FedEx,
UPS or any other similar delivery system, to the owner of the property
to be designated notifying the owner of the proposed designation.
B. Public hearing; general notice.
(1) 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. Notification of the public hearing shall be mailed directly to the property owner in the manner set forth in Subsection
A above.
(2) The Commission shall require submission of written comments on the
application prior to designation of any landmark, scenic landmark
or historic district.
(3) 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. The Commission shall maintain a written record of all evidence
and/or testimony provided at the hearing regardless of whether such
evidence or testimony supports or opposes the proposed designation.
C. Notice of public hearing; multiple properties proposed for designation.
(1) Ten properties or less: Notice of public hearing for a proposed designation
involving no more than 10 properties shall be sent as required by
§ 44-12(A) above 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) 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, with the prior approval
of the Village Board of Trustees, instead be published at least once
in newspaper of general circulation in the Village at least 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 the hearing.
(3) The notice provisions are in addition to the general notice requirements under Subsection
B.
D. 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. Commission record. The Commission shall compile a public record of
all of the evidence and testimony submitted during the proceeding
for its designation 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.
The Commission may, at its discretion, accept further evidence submitted
after the public hearing, and may set deadlines regarding the submission
thereof. At a minimum, the record of the designation shall contain
the application, commission and/or staff reports, any comments made
on the application at the public hearing, and the Commission's
decision to approve, approve with modifications, or deny the application
requesting designation.
F. Commission decision. Within 62 days after the close of the public
hearing, the Commission 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. Within seven days, notice
of the Commission's recommendation shall be sent to the applicants
and owners of a designated property, or in the case of an approved
historic district, notice shall be sent to the applicants and owners
of all properties within the approved district, as well as to the
governing board of the municipality.
G. The Commission may agree with the applicant in writing to extend
the time period within which a designation will be made.
H. 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, planning department, Village
Clerk and County Clerk for recordation.
I. Failure to send notice. The Commission shall exercise due diligence
in serving notice upon a property owner whose property is proposed
for designation. The Commission shall maintain any affidavits of service
and/or mailing related thereto. 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. 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.
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. At least two months
prior to expiration of the twenty-four month-period the owner may
apply for an extension in writing and explain the reasons for the
extension. The Commission may grant up to two six-month extensions.
A written application for an extension of a certificate of appropriateness
approval shall not be considered an application for a new certificate
of appropriateness.
Any person aggrieved by a decision of the Commission relating
to certificate of economic hardship or a certificate of appropriateness
may, within 15 days of the decision, file a written appeal to the
Village Board of Trustees for review of the decision. Appellate review
shall be based on the same record that was before the Commission and
using the same criteria in this chapter.
As used in this chapter, the following words and phrases shall
have the following meaning:
ACQUISITION
The act or process of acquiring fee title or other interest
in real property, including acquisition of development rights or remainder
interest.
ADDITION
Any act or process that changes one or more of the exterior
architectural features of a building or structure by adding to, joining
with or increasing the size or capacity of the building or structure.
ALTERATION
Any act or process, other than demolition or ordinary maintenance,
that changes the exterior appearance of significant historical or
architectural features, or the historic context of a designated landmark,
including, but not limited to, exterior changes, additions, new construction,
erection, reconstruction, or removal of the building or structure,
or grading.
ARCHITECTURAL SIGNIFICANCE
The quality of a building or structure based on its date
of erection, style and scarcity of same, quality of design, present
condition and appearance or other characteristics that embody the
distinctive characteristics of a type, period or method of construction.
BUILDING
Any construction created to shelter any form of human, such
as a house, garage or barn, and which is permanently affixed to the
land. Building may also refer to a historically related complex, such
as a house and a barn.
BUILDING OFFICIAL
The person, or his or her designee, authorized to grant permits
for construction, alteration, and demolition pursuant to the codes
adopted by the Village.
CERTIFICATE OF APPROPRIATENESS
An official form issued by the Village Commission stating
that the proposed work on an designated historic landmark is compatible
with the historic character of the property and thus in accordance
with the provisions of this chapterand therefore: the proposed work
may be completed as specified in the certificate; and the Village's
departments may issue any permits needed to do the work specified
in the certificate.
CERTIFICATE OF ECONOMIC HARDSHIP
An official form issued by the Commission when the denial
of a certificate of appropriateness has deprived, or will deprive,
the owner of the property of all reasonable use of, or economic return
on, the property.
CHANGE
Any alteration, demolition, removal or construction involving
any property subject to the provisions of this chapter.
CHARACTER
Defined by form, proportion, structure, plan, style or material.
General character refers to ideas of design and construction such
as basic plan or form. Specific character refers to precise ways of
combining particular kinds of materials.
CODE ENFORCEMENT OFFICER
The person, or his or her designee, authorized and certified
to enforce the New York State Fire Prevention and Building Code. The
person, or his or her designee, who is also authorized by the Village
Board of Trustees to enforce this chapter, except where another official
is expressly authorized.
COMMISSION
The historic preservation commission established pursuant to §
44-4 of this chapter.
COMPATIBLE
In harmony with location, context, setting, and historic
character.
CONSTRUCTION
The act of constructing an addition to an existing structure
or the erection of a new principal or accessory structure on a lot
or property.
DEMOLISH
Any act or process that removes or destroys in whole or in
part a building, structure, or resource.
DEMOLITION PERMIT
A permit issued by the Code Enforcement Officer allowing
the applicant to demolish a building or structure, after having received
a certificate of demolition approval from the Commission.
EVALUTATION
The process by which the significance and integrity of a building, structure, object, or site is judged by an individual who meets the professional qualification standards published by the National Park Service in the Federal Register (Code of Federal Regulation, 36 CFR Part 61), as determined by the State Historic Preservation Office, using the designation criteria outlined in §
44-11 of this chapter.
EXTERIOR ARCHITECTURAL FATURES
The architectural style, design, general arrangement and
components of all of the outer surfaces of any building or structure.
FEATURE
Elements embodying the historical significance or architectural
style, design, general arrangement and components of all of the exterior
surfaces of any landmark or historic resource, including, but not
limited to, the type of building materials, and type and style of
windows, doors, or other elements related to such landmark or historic
resource.
HISTORIC CONTEXT
A unit created for planning purposes that groups information
about historic properties based on a shared theme, specific time period
and geographical area.
HISTORIC DISTRICT — LOCAL
An area designated as a historic district by this historic
preservation chapter, and which contains within definable geographic
boundaries a significant concentration, linkage or continuity of sites,
buildings, structures, or objects united historically or aesthetically
by plan or physical development.
HISTORIC FABRIC
Original or old building materials (masonry, wood, metals,
marble) or construction.
HISTORIC INTEGRITY
The retention of sufficient aspects of location, design,
setting, workmanship, materials, feeling or association for a property
to convey its historic significance.
HISTORIC LANDMARK
A building, district, site, structure or object significant
in American history, architecture, engineering, archeology or culture
at the national, state, or local level.
HISTORIC PROPERTY
A district, site, building, structure, or object significant
in American history, architecture, engineering, archeology, or culture
at the national, state, or local level.
HISTORIC RESOURCE
Any evaluated building, structure, object, or site that potentially meets the designation criteria outlined in §
44-11.
HISTORIC RESOURCES SURVEY
The process of systematically identifying, researching, photographing,
and documenting historic resources within a defined geographic area,
and the resulting list of evaluated properties that may be consulted
for future designation. For the purpose of this chapter, all surveys
shall be conducted in accordance with the Secretary of the Interior's
Standards and Guidelines for Identification and Evaluation, as may
be amended.
HISTORIC SIGNIFICANCE
The quality of a place, site, building, district or structure
based upon its identification with historic persons or events in the
Village of Hamburg.
INTEGRITY
The authenticity of a property's historic identity,
evidenced by the survival of physical characteristics that existed
during the property's historic or prehistoric period.
INTERIOR LANDMARK
Interior landmarks are noted for the portions of their interior
that are open to the public.
INVENTORY
A list of historic properties determined to meet specified
criteria of significance.
LANDMARK
Any building, structure or site that has been designated
as a landmark by the Commission, pursuant to procedures described
in this chapter that is worthy of preservation, restoration or rehabilitation
because of its historic or architectural significance.
LANDMARK ALTERATION PERMIT
A permit approving an alteration to or demolition of a landmark,
or demolition of a historic resource listed in the heritage resource
inventory pursuant to the provisions of this chapter.
LISTING
The formal entry or registration of a property.
MAINTAIN
To keep in an existing state of preservation or repair.
MINOR WORK
Any change, modification, restoration, rehabilitation, or
renovation of the features of an historic resource that does not materially
change the historic characteristics of the property.
MOVE
Any relocation of a building or structure on its site or
to another site.
NATIONAL REGISTER CRITERIA
The established criteria for evaluating the eligibility of
properties for inclusion in the National Register of Historic Places.
NATIONAL REGISTER OF HISTORIC PLACES
The official inventory of the nation's historic properties,
districts, sites, districts, structures, objects and landmarks which
are significant in American history, architecture, archaeology, and
culture, maintained by the Secretary of the Interior under the authority
of the Historic Sites Act of 1935 and the National Historic Preservation
Act of 1966 (16 U.S.C. 470 et seq., 36 C.F.R. Sections 60, 63, as
may be amended).
NONCONTRIBUTING
A feature, addition or building, structure, object or site
which does not add to the sense of historical authenticity or evolution
of an historic resource or landmark or where the location, design,
setting, materials, workmanship, history, and/or association of the
feature, addition or building, structure, object or site has been
so altered or deteriorated that the overall integrity of that historic
resource or landmark has been irretrievably lost.
OBJECT
Constructions that are primarily artistic in nature or are
relatively small in scale and simply constructed. Although it may
be moveable by nature or design, an object is associated with a specific
setting or environment. Examples include boundary markers, mileposts,
fountains, monuments, and sculpture. This term may include landscape
features.
ORDINARY MAINTENANCE
Any work or repair that is done to prevent deterioration
or damage to the structural integrity or any exterior feature of a
landmark or historic resource that does not involve a change in design,
material or exterior appearance. Such work includes, but is not limited
to, painting, roof repair, foundation or chimney work, or landscape
maintenance.
OWNER
Those individuals, partnerships, corporations, or public
agencies holding fee simple title to property, as shown on the records
of the Village.
PERIOD OF SIGNIFICANCE
The length of time when a property was associated with important
events, activities, or persons, or attained characteristics which
qualify it for landmark status. Period of significance usually begins
with a date when significant activities or events began giving the
property its historic significance; this is often a date of construction.
PRESERVATION
The act or process of applying measures necessary to sustain
the existing form, integrity, and materials of an historic property.
Work, including preliminary measures to protect and stabilize the
property, generally focuses upon the ongoing maintenance and repair
of historic materials and features rather than extensive replacement
and new construction. New exterior additions are not within the scope
of this treatment; however, the limited and sensitive upgrading of
mechanical, electrical, and plumbing systems and other code-required
work to make properties functional is appropriate within a preservation
project.
PROPERTY TYPE
A grouping of individual properties based on a set of shared
physical or associative characteristics.
RECONSTRUCTION
The act or process of depicting, by means of new construction,
the form, features, and detailing of a nonsurviving site, landscape,
building, structure, or object for the purpose of replicating its
appearance at a specific period of time and in its historic location.
REHABILITATION
The act or process of making possible a compatible use for
a property through repair, alterations, and additions while preserving
those portions or features of the property which convey its historical,
architectural and cultural values.
REPAIR
Acts of ordinary maintenance that do not include a change
in the design, material, form, or outer appearance of a resource,
such as repainting. This includes methods of stabilizing and preventing
further decay, and may incorporate replacement-in-kind or refurbishment
of materials on a building or structure.
RESTORATION
The act or process of accurately depicting the form features,
and character of a property as it appeared at a particular period
of time by means of the removal of features from other periods in
its history and reconstruction of missing features from the restoration
period. The limited and sensitive upgrading of mechanical, electrical,
and plumbing systems and other code-required work to make properties
functional is appropriate within a restoration project.
RETAIN
The act of keeping an element, detail or structure and continuing
the same level of repair to aid in the preservation of elements, sites,
and structures.
REVERSIBLE
An addition which is made without damage to the project's
original condition.
SCENIC LANDMARK
Scenic landmarks encompass structures that are not buildings,
such as bridges, piers, parks, cemeteries, sidewalks, clocks, and
trees.
SECRETARY OF THE INTERIOR'S STANDARD FOR THE TREATMENT
OF HISTORIC PROPERTIES
Principles developed by the National Park Service (36 C.F.R.
68.3, as may be amended) to help protect historic properties by promoting
consistent preservation practices and providing guidance to historic
building owners and building managers, preservation consultants, architects,
contractors, and project reviewers on how to approach the treatment
of historic properties. The Secretary of the Interior Standards for
the Treatment of Historic Properties may also be referred to in this
chapter as "Secretary of the Interior's Standards."
SIGNIFICANT
Having particularly important associations with the contexts
of architecture, history and culture.
SITE
The location of a significant event, a prehistoric or historic
occupation or activity, or a building or structure, whether standing,
ruined or vanished, where the location itself maintains historical
or archaeological value regardless of the value of any existing buildings,
structures or other objects. Examples of a site are a battlefield,
designed landscape, trail, or camp site.
STABILIZATION
The act or process of applying measures designed to reestablish
a weather resistant enclosure and the structural stability of an unsafe
or deteriorated property while maintaining the essential form as it
exists at present.
STRUCTURE
Any assemblage of materials forming a construction framed
of component structural parts for occupancy or use, including buildings.
STYLE
A type of architecture distinguished by special characteristics
of structure or ornament and often related in time; also a general
quality of distinctive character.
UNDERTAKING
Any project or other action involving the expansion, modification,
development or disposition of the physical plant or any site or building.