[HISTORY: Adopted by the Town Board of the
Town of Greece 1-17-2017 by L.L.
No. 1-2017.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 114.
Property maintenance — See Ch. 157.
Zoning — See Ch. 211.
[1]
Editor’s Note: This local law also repealed former Ch.
128, Historic Preservation, adopted 4-18-2006 by L.L. No. 2-2006,
as amended.
A.Â
This chapter shall be known as the "Town of Greece Historic Preservation
Law."
B.Â
Legislative purpose and intent. Pursuant to the provisions of § 96-a
and Article 5-K of the New York General Municipal Law, it hereby is
declared a matter of public policy that the protection, enhancement,
perpetuation and use of buildings, structures, places and sites of
historic, architectural, cultural or aesthetic value, when practicable,
is in the public interest of the Town of Greece. It is the purpose
and intent of this chapter to:
(1)Â
Safeguard the heritage of the Town by protecting and enhancing the
landmarks which represent cultural, social, economic, political and
architectural history.
(2)Â
Foster civic pride in the beauty and history of the Town.
(3)Â
Protect and enhance the attractiveness of the Town to homebuyers,
visitors, shoppers and residents, and thereby provide economic benefits
to the Town and its residents.
(4)Â
Conserve and improve the value of property within the Town.
(5)Â
Foster, encourage and advise the preservation, restoration and rehabilitation
of structures.
(6)Â
Ensure the harmonious, orderly and efficient growth and development
of the Town.
This chapter shall take effect and be in force immediately.
The Town's prior historic preservation law, adopted by the Town
Board on April 18, 2006, as Local Law No. 2 of 2006, together with
all amendments thereto, is repealed and supplanted by this chapter
as of its effective date.
A.Â
Word usage. For purposes of this chapter, the following provisions
and rules shall apply to the use of words:
(1)Â
Words used or defined in one tense or form shall include other tenses
and derivative forms.
(2)Â
Unless specifically indicated otherwise, words used in the singular
sense shall include the plural sense, and words used in the plural
sense shall include the singular sense.
(3)Â
The masculine gender shall include the feminine gender.
(4)Â
The word "person" shall include natural persons and juridical persons,
including but not limited to associations, firms, partnerships, corporations,
cooperative associations, trusts, estates, political subdivisions,
municipalities, governmental agencies, public benefit corporations
and any other similar entities.
(5)Â
The word "shall" is mandatory and means that compliance is required.
(6)Â
The word "may" is permissive and means that compliance is not required.
(7)Â
The word "used," as applied to any lot, structure or portion thereof,
shall be construed to mean "used or intended, designated, arranged
or designed to be used."
(8)Â
References to specific laws, ordinances, codes, rules or regulations
or sections thereof shall be construed to include the addendum "as
from time to time amended," and shall be construed to include any
succeeding or superseding authority.
(9)Â
References to a specific public official or agency shall be construed
to include agents, designees, and successors.
B.Â
All words in this chapter which are not hereinafter defined shall
carry the meanings which are derived from customary use of the English
language. If a dispute should arise, the Building Inspector shall
be responsible for determining which specific meaning is appropriate
for a word which has more than one meaning and which is not defined
in this chapter. Any appeal of such determination by the Building
Inspector may be considered by the Board of Zoning Appeals.
C.Â
ALTERATION
ARCHITECTURAL STYLE
BOARD OF ZONING APPEALS
BUILDING
CERTIFICATE OF APPROPRIATENESS
CHAPTER
CODE ENFORCEMENT OFFICER
CODE ENFORCEMENT PERSONNEL
CONSTRUCTION
DEMOLITION
EXTERIOR ARCHITECTURAL FEATURES
FIRE MARSHAL
LANDMARK
(1)Â
(2)Â
(3)Â
OFFICIAL LANDMARK
PLANNING BOARD
REMOVAL
REPAIR and MAINTENANCE
(1)Â
(2)Â
STRUCTURE
TOWN
TOWN CLERK
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Any act or process which changes one or more of the exterior
architectural features of an official landmark.
The combination of distinctive features, manner, technique
or principles of architectural design, expression or execution, which
is characteristic of a particular person, group, school, movement,
place or era, and which is recognized by one or more of the following:
The Town of Greece Board of Zoning Appeals.
A structure, wholly or partially enclosed within exterior
walls, or within exterior or party walls, and a roof, which may afford
shelter to persons, animals or property.
A document evidencing approval by the Planning Board of a
proposal to make a material change in the appearance of an official
landmark.
Chapter 128, Historic Preservation, of the Code of the Town of Greece.
The Code Enforcement Officer appointed pursuant to Chapter 114, the Building Construction, Fire Prevention and Energy Code of the Town of Greece, and herein referred to as the "Code Enforcement Officer" or the "Building Inspector."
The Building Inspector, Fire Marshal and all certified code
enforcement officials as appointed pursuant to local law.
Any act of erecting an addition to an existing structure,
building, site or object or the erection of a new principal or accessory
structure on a lot or property.
Any act or process that destroys, in part or in whole, an
official landmark.
The architectural style, design, general arrangement and
components of all of the outer surfaces of an official landmark, as
distinguished from the interior surfaces enclosed by such exterior
surfaces, including but not limited to the kind, color and texture
of the building materials and the type and style of all windows, doors,
lights, signs and other fixtures.
The Fire Marshal of the Town of Greece, New York, appointed pursuant to Chapter 114, the Building Construction, Fire Prevention and Energy Code of the Town of Greece.
A building, structure, object, place, site or parcel of land
which possesses one or more of the following characteristics:
Association with persons or events of historic significance
to the Town, region, state or nation.
Illustrative of historic growth and development of the Town,
region, state or nation.
Embodies distinctive characteristics of a type, period or method
of construction or representing the work of a master builder, designer
or architect, or possesses unique architectural, archeological or
artistic qualities.
A landmark on which the Planning Board, by action pursuant
to this chapter, has conferred official designation, with all attendant
protections, requirements and restrictions.
The Town of Greece Planning Board.
Any relocation of a building, structure or object on its
site or to another site.
Work done in and on any official landmark.
Replacement of any part of an official landmark for which a
permit issued by the Building Inspector is not required by law, and
where the purpose and effect of such work or replacement is to correct
a deterioration or decay of or damage to such official landmark or
any part thereof and to restore the same as nearly as practicable
to its condition prior to the occurrence of such deterioration, decay
or damage.
Any assembly of materials forming a construction framed of
component structural parts for occupancy or use, or a portion thereof,
including but not limited to buildings.
The Town of Greece, Monroe County, New York.
The Clerk of the Town of Greece, New York.
A.Â
The Planning Board hereby is authorized to carry out the purpose
and intent of this chapter, and shall have the powers and duties herein
described.
B.Â
The powers and duties of the Planning Board shall include:
(1)Â
Promulgation of rules and regulations as necessary for the conduct
of its business; and
(2)Â
Adoption of criteria for the identification of significant historic,
architectural and cultural landmarks; and
(3)Â
Provisions for surveys of significant historic, architectural and
cultural landmarks within the Town, upon the request of the Town Board;
and
(4)Â
Determining whether to designate a landmark as an official landmark,
when so requested by the owner of such landmark; and
(5)Â
Making recommendations to the Town government concerning the use
of state, federal or private funds to promote preservation of landmarks
within the Town; and
(6)Â
Making recommendations to the Town Board and the Board of Zoning
Appeals, when requested by said boards, concerning applications before
said boards relating to properties that include landmarks; and
(7)Â
Approval or disapproval of applications for certificates of appropriateness
pursuant to this chapter.
C.Â
The Planning Board shall conduct business pursuant to this chapter
at regularly scheduled meetings of the Planning Board, or on the call
of the Chairman of the Planning Board.
D.Â
A quorum for the transaction of business pursuant to this chapter
shall consist of four of the Planning Board members, and any action
taken by the Planning Board pursuant to this chapter shall require
not less than a majority of its full authorized membership.
E.Â
The staff of the Department of Development Services shall serve as
staff to the Planning Board.
A.Â
The Planning Board shall investigate, pursuant to requests from affected
property owners, possible premises or areas to be designated as an
official landmark.
B.Â
Upon the request of the owner of a landmark, the Planning Board may
designate an individual building, structure, object, place, site or
parcel of land as an official landmark if such landmark:
(1)Â
Possesses special character or historic or aesthetic interest or
value as part of the cultural, political, economic or social history
of the Town, the region, state or nation; or
(2)Â
Is identified with historic personages; or
(3)Â
Embodies the distinguishing characteristics of an architectural style;
or
(4)Â
Is the work of a designer whose work has significantly influenced
an era; or
(5)Â
Represents an established and familiar visual feature of the community
because of its unique location or singular physical characteristic.
C.Â
Prior to the designation of any building, structure, object, place,
site or parcel of land as an official landmark, the Planning Board
shall send a notice of such proposed designation by certified mail,
return receipt requested, to the owner of the landmark who requested
such designation. Said notice shall describe the premises proposed
for such designation and shall request the owner's written concurrence
with such designation. If the Planning Board does not receive a written
response from the owner of such proposed official landmark within
30 days of the date of the returned receipt for said notice, it shall
be assumed that such owner does not concur with the proposed official
landmark designation.
D.Â
If the owner of a proposed official landmark concurs with such official
designation, the Planning Board shall send a notice to such owner
by certified mail, return receipt requested, announcing a public hearing
by the Planning Board to consider such designation. The Planning Board
shall hold such hearing not less than 20 days nor more than 30 days
after such notice is mailed to the owner of such proposed official
landmark. Upon the mailing of said notice to the owner of such proposed
official landmark, no permits shall be issued by the Building Inspector
for the premises subject to such proposed official landmark designation
unless and until the Planning Board has made its decision on such
designation.
E.Â
The Planning Board shall hold a public hearing prior to designation
of any official landmark. The Planning Board, the owner of such proposed
official landmark and any interested parties may present documentary,
testimonial or other evidence at said hearing regarding the historic,
architectural or cultural importance of such proposed official landmark.
F.Â
Following the hearing, the Planning Board shall make a determination
and shall send its decision to the owner of the affected premises.
It also shall forward notice of each property designated as an official
landmark to the Town Supervisor and the Town Clerk. The Town Clerk
shall deliver each such notice, including a recording certificate,
to the Office of the Monroe County Clerk for recording. Recording
by the Office of the Monroe County Clerk shall be documented by submittal
to the Town Clerk of the stamped recording certificate, which shall
be maintained in the office of the Town Clerk.
No person shall carry out any exterior alteration, restoration,
reconstruction or new construction of or to an official landmark nor
shall any person cause an official landmark to be demolished or moved
without first obtaining a certificate of appropriateness from the
Planning Board.
A.Â
In deciding upon an application for a certificate of appropriateness,
the Planning Board shall not consider changes to interior spaces,
unless such spaces are open to the public, nor changes to architectural
features that are not visible from a public street or right-of-way.
The Planning Board's decision on approving or disapproving a
certificate of appropriateness shall be based upon the following principles:
B.Â
In applying the principle of compatibility to alterations or new
construction, the Planning Board shall consider the following factors:
(1)Â
The general design, character and appropriateness for the official
landmark;
(2)Â
The scale in relation to the official landmark itself, surrounding
premises and the neighborhood;
(3)Â
Texture and type of construction and their relation to similar features
of other premises in the neighborhood;
(4)Â
Visual compatibility with surrounding premises, including but not
limited to proportion of the premises' front facade, proportion
and arrangement of windows and other openings within the facade, roof
shape and the rhythm of spacing of premises on streets, including
setback; and
(5)Â
The importance of historic, architectural or other features to the
significance of the premises.
A.Â
Prior to the commencement of any work requiring a certificate of
appropriateness, the owner shall file an application for such certificate
with the Planning Board. Application for a certificate of appropriateness
shall be filed with the Building Inspector on such forms as may be
prepared for that purpose. The application shall contain:
(1)Â
Name, address and telephone number of applicant; and
(2)Â
Location and photographs of premises; and
(3)Â
Elevation drawings of proposed changes; and
(4)Â
Perspective drawings, including relationship to adjoining premises;
and
(5)Â
Samples of materials to be used; and
(6)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 premises.
B.Â
No building permit shall be issued for work which requires a certificate
of appropriateness unless and until the Planning Board has issued
such certificate. The certificate of appropriateness required by this
chapter shall be in addition to and not in lieu of any building permit
or other approval that may be required by any other chapter of the
Code of the Town of Greece, or by any other governmental agency.
C.Â
The Planning Board shall approve, approve with modifications or deny
an application for a certificate of appropriateness within 60 days
from the receipt of a completed application for such certificate.
D.Â
The Planning Board shall hold a public hearing on the application
for a certificate of appropriateness, at which time an opportunity
shall be provided for proponents and opponents of the application
to present their views.
E.Â
All decisions of the Planning Board on a certificate of appropriateness
shall be in writing. A copy of such decision shall be sent to the
applicant by registered mail and a copy filed with the Town Clerk
and the Building Inspector. The Planning Board's decision shall
state the reasons for such decision.
F.Â
A nonrefundable fee shall accompany each application for a certificate
of appropriateness, which fee shall be established from time to time
by the Town Board.
An applicant whose application for a certificate of appropriateness
has been denied by the Planning Board may apply to the Board of Zoning
Appeals for relief from landmark designation on the grounds that such
designation constitutes a hardship. In order to prove the existence
of hardship, the applicant shall establish that:
A.Â
The premises are incapable of earning a reasonable return, regardless
of whether the return represents the most profitable return possible;
and
B.Â
The premises cannot be adapted for any other use, whether by the
current owner or by a purchaser, which would result in a reasonable
return; and
C.Â
Efforts to find a purchaser interested in acquiring the premises
and preserving them have failed.
A.Â
After receiving written notification from the Planning Board of the
denial of an application for a certificate of appropriateness, an
applicant may commence the hardship application process. No building
permit or demolition permit shall be issued unless the Board of Zoning
Appeals makes a finding that a hardship exists.
B.Â
The Board of Zoning Appeals shall hold a public hearing on the hardship
application, at which time 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 Board of Zoning
Appeals, local preservation groups and interested parties in a diligent
effort to seek an alternative that will result in preservation of
the premises.
D.Â
The Board of Zoning Appeals shall approve, approve with modifications
or deny an application for a hardship within 60 days from the receipt
of a completed application for such hardship.
E.Â
All decisions of the Board of Zoning Appeals shall be in writing.
A copy of such decision shall be sent to the applicant by certified
mail, return receipt requested, and a copy shall be filed with the
Town Clerk, the Building Inspector and the Chairman of the Planning
Board. The Board of Zoning Appeals decision shall state the reasons
for granting or denying the hardship application.
F.Â
The Board of Zoning Appeals shall conduct business pursuant to this
chapter at regularly scheduled meetings of the Board of Zoning Appeals,
or on the call of the Chairman of the Board of Zoning Appeals.
All work performed 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
periodically and, upon completion of any such work, to determine compliance.
If work is found that is not being performed in accordance with the
certificate of appropriateness, upon notification and verification
of such fact by the Planning Board, the Building Inspector shall issue
a stop-work order and all work shall cease immediately. No further
work shall be undertaken on the project as long as a stop-work order
is in effect.
A.Â
This chapter shall be administered and enforced by the Building Inspector.
The Building Inspector shall be assisted by a staff consisting of
code enforcement personnel.
B.Â
The Building Inspector and Fire Marshal may, between the hours of
8:00 a.m. and 10:00 p.m. or, if different, during normal business
hours, enter any building or premises within the Town for the purpose
of making an inspection or investigation to ensure compliance with
this chapter.
C.Â
Posting with placards.
(1)Â
The Building Inspector shall be authorized to affix to any designated
landmark a placard for the purpose of notifying the owner, occupants
and the general public that such designated landmark is subject to
enforcement proceedings by the Town of Greece. The placard may be
placed anywhere on such designated landmark that the Inspector determines
will be readily noticeable and accessible.
(2)Â
The nature of the placard to be used may be determined by the Building
Inspector based upon the nature of the problem or condition. The placard
may specify "Keep Out" or "Not To Be Occupied Until a Certificate
of Occupancy Is Issued" or "Not To Be Demolished or Reconstructed
Until a Permit Is Issued" or "Stop Work" or any other form of notice,
or any combination of the above notices deemed appropriate by the
Building Inspector.
(3)Â
No person shall remove, deface, conceal or destroy any such placard
affixed by the Building Inspector.
A.Â
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of an
official landmark which does not involve a change in design, construction
materials or outward appearance.
B.Â
No owner or person with an interest in an official landmark shall
permit the premises to fall into a serious state of disrepair so as
to result in the deterioration of any exterior architectural feature
which would produce a detrimental effect upon the character of the
premises. An example would include but not be limited to deterioration
of any feature so as to create a hazardous condition which could lead
to the claim that demolition is necessary for the public safety.
Any person aggrieved by a decision of the Planning Board relating
to designation of an official landmark, hardship or a certificate
of appropriateness may, within 30 days of the filing of the decision
in the office of the Town Clerk, file a written application with the
Board of Zoning Appeals for review of such decision. The Board of
Zoning Appeals shall schedule a public hearing on the matter without
unnecessary delay.
A.Â
General requirements. The requirements contained hereinafter shall
apply to any public hearing held pursuant to this chapter regarding
a proposed official landmark designation, an appeal of or relief from
such designation or a certificate of appropriateness. Any notice of
such public hearing shall specify the location of the subject premises,
the structure or building that is under consideration, the current
zoning of the subject premises and the date, time and place of the
public hearing.
B.Â
Notices of public hearing.
(1)Â
Publication of notice. Notice of a public hearing shall be published
once in a newspaper of general circulation in the Town not less than
10 days before such hearing.
(2)Â
Written notice. Written notice of a public hearing shall be mailed
to the owners of all premises that adjoin or are directly across the
street from the subject premises. If the owner of the subject premises
owns or has a financial interest in adjoining premises, the written
notice requirements also shall apply to the boundary of such adjoining
premises.
C.Â
Minutes. Minutes of public hearings shall include any documentary,
testimonial or other evidence presented regarding the historic, architectural
or cultural importance of an official landmark or proposed official
landmark designation and also may contain staff reports, public comments
or other evidence offered before the public hearing is closed. The
minutes also shall show the vote of each member upon every question
or, if absent or failing to vote, shall indicate such fact.
A.Â
Commencement of proceedings. Whenever the Building Inspector has
inspected any official landmark and has determined that such official
landmark is in violation of this chapter, the Building Inspector may
terminate any building permit issued, terminate any hardship application
before the Board of Zoning Appeals, or commence proceedings to cause
the cleanup, repair, or rehabilitation of such official landmark.
B.Â
Routine action. Whenever the Building Inspector determines that an
official landmark is in violation of any provision of this chapter,
he shall give notice of such violation as herein provided.
(1)Â
Notice. Such notice of violation shall be given by first-class mail,
addressed to the last known owner at the address as shown by the records
of the Monroe County Clerk, and within five calendar days of such
mailing, such notice also shall be given by:
(a)Â
Personal delivery upon the owner of such official landmark;
or
(b)Â
Personal delivery to the occupant of the building, structure
or premises, or to the person or individual using the land or to the
person allegedly responsible for such violation and/or to the holder
of the certificate of appropriateness; or
(c)Â
Posting such notice on the official landmark where a violation
is determined to exist.
(2)Â
The depositing of such notice into a depository, maintained under
the exclusive control of the United States Postal Service, shall be
deemed sufficient to satisfy the mailing requirement.
(3)Â
Such notice of violation shall be in writing and shall specify the
alleged violation and shall provide a reasonable time of not less
than five days for compliance and shall be served as stated above.
Such notice may contain an outline or mention of the remedial action
that will be taken to effect compliance in the event the owner, occupant,
agent or operator does not comply with said notice within the time
period specified therein. The Building Inspector may extend the compliance
time specified in any notice issued under the provisions of this chapter
where there is sufficient evidence of intent to comply within the
period specified, provided that reasonable conditions exist which
prevent immediate compliance.
C.Â
Emergency action. Whenever the Building Inspector determines that
a condition exists which poses an immediate threat to an official
landmark, he may, without prior notice, issue a notice citing the
violation and ordering that such action be taken as is necessary to
remove or abate such violation. Notwithstanding any other provision
of this chapter, such order shall be effective immediately upon mailing,
delivery or posting of the notice of such violation as herein provided.
(1)Â
Notice. Such notice of violation shall be given by first-class mail,
addressed to the last known owner at the address as shown by the records
of the Monroe County Clerk, and within five calendar days of such
mailing, such notice also shall be given by:
(a)Â
Personal delivery upon the owner of such official landmark;
or
(b)Â
Personal delivery to the occupant of the building, structure,
premises or real property or to the person or individual using the
building, structure, premises or real property or to the person or
persons allegedly responsible for such violation and/or to the holder
of the certificate of appropriateness; or
(c)Â
Posting such notice on the official landmark where a violation
is determined to exist.
(2)Â
Such notice of violation shall be in writing and shall specify the
alleged violation and shall provide a reasonable time of not less
than five days for compliance and shall be served as stated above.
Such notice may contain an outline or mention of the remedial action
that will be taken to effect compliance in the event the owner, occupant,
agent or operator does not comply with said notice within the time
period specified therein. The Building Inspector may extend the compliance
time specified in any notice issued under the provisions of this chapter
where there is sufficient evidence of intent to comply within the
period specified, provided that reasonable conditions exist which
prevent immediate compliance.
A.Â
Whenever a notice referred to above has been given, and the violation
continues to exist beyond the time specified in the notice or notices,
the Building Inspector may authorize the work to be done and the cost
thereof may be paid out of general Town funds.
B.Â
The Town shall be reimbursed for the cost of the work performed or
services rendered by direction of the Building Inspector, as hereinabove
provided, by assessment and levy upon the lots or parcels of land
wherein such work was performed or such services rendered, and the
expense so assessed shall constitute a lien and charge on the real
property on which it is levied until paid or otherwise satisfied or
discharged and shall be collected in the same manner and at the same
time as other Town charges.
The Code Compliance Officer shall have the following alternative
remedies for enforcement of this chapter. The Building Inspector shall
have the authority, pursuant to the New York State Criminal Procedure
Law, to issue an appearance ticket subscribed by him, directing a
designated person to appear in a designated local criminal court at
a designated future time in connection with the alleged commission
of a designated violation of this chapter or any order made thereunder.
Any person who fails to comply with any provision of this chapter
or fails to comply with any notice, order or directive of the Building
Inspector after expiration of the time for compliance established
in accordance with this chapter shall, upon conviction, be punished
by a fine of not more than $1,000 or by imprisonment not to exceed
15 days, or both, for such violation. In the event of any failure
to so comply, each and every day that such violation continues shall
constitute a separate offense, and the penalties prescribed above
shall be applicable to each such separate offense.
If any clause, sentence, paragraph, section, article or part
of this chapter shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, section, article or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.