It is hereby declared as a matter of public policy that the
protection, enhancement and perpetuation 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 the Town of Montgomery has
significant historic, architectural and cultural resources which constitute
its heritage, this chapter is intended to:
A. Protect and enhance the landmarks and historic districts which represent
distinctive elements of the Town of Montgomery's historic, architectural
and cultural heritage;
B. Foster civic pride in the accomplishments of the past;
C. Protect and enhance Town of Montgomery's attractiveness to visitors
and the support and stimulus to the economy thereby provided; and
D. Insure the harmonious, orderly and efficient growth and development
of the Town of Montgomery.
There is hereby created a commission to be known as the "Town
of Montgomery Historic Preservation Commission."
A. The Commission shall consist of seven members to be appointed, to
the extent available in the community, by the Supervisor as follows:
(1) At least one shall be an architect or construction contractor or
have particular expertise in this area;
(2) At least one shall be an historian or have particular expertise in
this area;
(3) At least one shall be a licensed real estate broker or have particular
expertise in this area;
(4) At least one may be an attorney;
(5) At least one shall be the owner of an historic property;
(6) Other 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;
(7) And all members shall have a known interest in historic preservation
and architectural development within the Town of Montgomery.
B. Commission members shall serve for a term of three years with the
exception of the following:
(1) The initial term of two members shall be one year; and
(2) The initial term of two members shall be two years.
C. The Chairman and Vice Chairman of the Commission shall be elected
annually by and from among the members of the Commission and must
be approved by the Town Board.
D. The powers of the Commission shall include the:
(1) Employment of staff and professional consultants as necessary to
carry out the duties of the Commission, subject to the approval of
the Town Board.
(2) Promulgation of rules and regulations as necessary for the conduct
of its business.
(3) Adoption of criteria for the identification of significant historic,
architectural and cultural parks and for the delineation of historic
districts, subject to the other provisions of this chapter.
(4) Conducting of surveys of significant historic, architectural and
cultural landmarks and historic districts within the Town of Montgomery.
(5) Proposing to the Town Board the designation of identified structures
or resources as landmarks and historic districts.
(6) If authorized by the Town Board, acceptance on behalf of the Town
of Montgomery government of the donation of easements and development
rights; the making of recommendations to the Town government concerning
the acquisition of easements or other interests in real property as
necessary to carry out the purposes of this chapter.
(7) Increasing public awareness of the value of historic, cultural and
architectural preservation by developing and participating in public
education programs.
(8) Making recommendations to Town government concerning the utilization
of state, federal or private funds to promote the preservation of
landmarks and historic districts within the Town.
(9) Recommending acquisition of a landmark structure by the Town government
where its preservation is essential to the purposes of this chapter
and where private preservation is not feasible.
(10)
Approval, approval with conditions or disapproval of applications
for certificates of appropriateness pursuant to this chapter and ruling
on any hardship applications.
E. The Commission shall meet at least semiannually, but meetings may
be held at any time on the written request of any three of the Commission
members or on the call of the Chairman or of the Supervisor of the
Town.
F. 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, grant with conditions or deny a certificate
of appropriateness, or grant or deny a hardship application regarding
a proposed demolition.
No person shall carry out any exterior alteration, restoration,
reconstruction, demolition, new construction or moving of a designated
landmark or property within an historic district, nor shall any person
make any material change in the appearance of such a property or other
exterior elements which affect the appearance and cohesiveness of
the historic district, without first obtaining a certificate of appropriateness
from the Historic Preservation Commission.
An applicant whose certificate of appropriateness for a demolition
has been denied may apply to the Commission for relief on the ground
of hardship. In order to prove the existence of hardship, the applicant
shall establish that:
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; and
C. Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
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 Code Enforcement Officer
to inspect periodically any such work to assure compliance. In the
event work is found that is not being performed in accordance with
the certificate of appropriateness, or upon notification of such fact
by the Historic Preservation Commission, the Building 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.