[HISTORY: Adopted by the Town Board of the Town of Montgomery 9-4-1997 by L.L. No.
1-1997. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 235.
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.
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.
A.
The Town Board, either on its own initiative or upon recommendation
of the Commission, may designate an individual property as a landmark
if it:
(1)
Possesses special character or historic or aesthetic interest or
value as part of the cultural, political, economic or social history
of the locality, region, state or nation; or
(2)
Is identified with historic personages; or
(3)
Embodies the distinguishing characteristics of an architectural style;
or
(4)
Is the work of a designer whose work has significantly influenced
an age; or
(5)
Because of a unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood.
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All such designations that are proposed by the Town Board in
the absence of a recommendation of the Commission shall be referred
to the Commission for its advice and comment.
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B.
The Town Board 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; and
(2)
By reason of possessing such qualities, it constitutes a distinct
section of the Town.
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The boundaries of each historic district or separate landmark
designated henceforth shall be specified in detail and shall be filed,
in writing, in the Town Clerk's office for public inspection and may
be described on the Zoning Map or other Official Map of the Town.
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C.
Notice of a proposed designation shall be sent by registered or certified
mail to the owner of the property proposed for designation at least
10 days prior to the public hearing required herein, describing the
property proposed and announcing a public hearing by the Town Board
to consider the designation. Once the Town Board has issued notice
of a proposed designation, no building permits for the subject premises
shall be issued by the Code Enforcement Officer until the Town Board
has made its decision and, if applicable, the Commission has granted
a certificate of appropriateness.[1]
D.
The Town Board shall hold a public hearing prior to designation of
any landmark or historic district. The Commission, 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 or
historic district. The record may also contain staff reports, public
comments or other evidence offered outside of the hearing provided
the owner is provided with all such materials immediately upon receipt
by the Town Board.
E.
The Town Board shall forward notice of each property designated as
a landmark and of the boundaries of each designated historic district
to the office of the Orange County Clerk for recordation and, if the
Town Board is unable to record such designation in the Office of the
County Clerk, the Town Board shall cause such designation to be noted
on the Zoning or other Official Map of the Town of Montgomery so that
prospective purchasers of lands designated herein shall have constructive
notice of such designation.
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.
A.
In passing upon an application for a certificate of appropriateness,
the Historic Preservation Commission shall not consider changes to
interior spaces unless they are open to the public. The Commission's
decision shall be based upon the following principles:
(1)
Properties which contribute to the character of an historic district
or otherwise have been designated as a landmark herein shall be retained,
with their historic features altered as little as possible;
(2)
Any alteration of existing properties shall be compatible with its
historic character, as well as with the surrounding district, if any;
and
(3)
New construction shall be compatible with the district in which it
is located, if any, or with the existing structure, if a certificate
of appropriateness is sought for a renovation, repair, demolition
or addition to a designated landmark.
B.
In applying the principle of compatibility, the Commission shall
consider the following factors:
(1)
The general design, character and appropriateness to the property
of the proposed alteration or new construction;
(2)
The scale of proposed alteration or new construction in relation
to the property itself, surrounding properties and the neighborhood;
(3)
Texture, materials and color and their relation to similar features
of other properties in the neighborhood;
(4)
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;
(5)
The importance of historic, architectural or other features to the
significance of the property.
A.
Prior to the commencement of any work requiring a certificate of
appropriateness, an owner shall file an application for such a certificate
with the Historic Preservation Commission. The application shall contain:
(1)
Name, address and telephone number of applicant;
(2)
Location and photographs of property;
(3)
Elevation drawings of proposed changes, if available;
(4)
Perspective drawings, including relationship to adjacent properties,
if available;
(5)
Samples of color or materials to be used;
(6)
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 property;
(7)
Any other information which the Commission may deem necessary in
order to visualize the proposed work;
B.
No building permit shall be issued for such proposed work until a
certificate of appropriateness has first been issued by the Historic
Preservation Commission. The certificate of appropriateness required
by this chapter shall be in addition to and not in lieu of any building
permit that may be required by any other law, rule or regulation of
the Town of Montgomery.
C.
The Commission shall approve, deny or approve the permit application
with modifications within 45 days from receipt of the completed application
or within 15 days from the closure of any public hearing. The Commission
may, but is not required to, hold a public hearing on the application
at which an opportunity will be provided for proponents and opponents
of the application to present their views. Any public hearing held
hereunder shall be convened within 30 days of the receipt of a completed
application for a certificate of appropriateness. Should the applicant
request that a public hearing be held, the Commission must hold such
public hearing.
D.
All decisions of the Commission shall be in writing. A copy shall
be sent to the applicant by registered mail and a copy filed with
the Town Clerk's office for public inspection. The Commission's decision
shall state the reasons for denying or modifying any application.
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.
A.
After receiving written notification from the Commission of the denial
of a certificate of appropriateness for a demolition, an applicant
may commence the hardship process, provided such process is commenced
within 90 days of the filing of the decision with the office of the
Town Clerk. No demolition permit shall be issued for the subject property
unless and until the Commission makes a finding that a hardship exists
and has modified its previous decision.
B.
The Commission may, but is not required to, hold a public hearing
on the hardship application at which an opportunity will be provided
for proponents and opponents of the application to present their views.
The Commission shall hold such public hearing if requested by the
applicant for a hardship. Any public hearing held hereunder shall
be commenced within 20 days of receipt of the hardship application
together with the applicant's request for a hearing.
C.
The applicant shall consult in good faith with the Commission, local
preservation groups and interested parties in a diligent effort to
seek an alternative that will result in preservation of the property.
D.
All decisions of the Commission shall be in writing. A copy shall
be sent to the applicant by registered or certified mail and a copy
filed with the Town Clerk's office for public inspection. The Commission's
decision shall state the reasons for granting or denying the hardship
application.
E.
The Commission shall rule on the hardship application forthwith and
without delay and in no event more than 20 days after application
for same or within 10 days after the public hearing, whichever is
later.
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.
A.
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of a
landmark or property within an historic district which does not involve
a change in design, material, color or outward appearance.
B.
No owner or person with an interest in real property designated as
a landmark or included within an historic district shall permit the
property to fall into a serious state of disrepair so as to result
in the deterioration of any exterior architectural feature which would,
in the judgment of the Historic Preservation Commission, produce a
detrimental effect upon the character of the historic district as a whole or the life and
character of the property itself.
C.
Examples of such deterioration include:
(1)
Deterioration of exterior walls or other vertical supports;
(2)
Deterioration of roofs or other horizontal members;
(3)
Deterioration of exterior chimneys;
(4)
Deterioration or crumbling of exterior stucco or mortar;
(5)
Ineffective waterproofing of exterior walls, roofs or foundations,
including broken windows or doors;
(6)
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.
A.
Failure to comply with any of the provisions of this chapter shall be deemed a violation and the violator shall be subject to a penalty as set forth in § 235-16.10 of Chapter 235, Zoning, of the Code of the Town of Montgomery, as may be amended and, further, shall be subject to a claim by the Town of Montgomery for injunctive or declaratory relief in any court of competent jurisdiction.
B.
Any person who demolishes, alters or causes new construction to a
designated property or permits a designated property to fall into
a serious state of disrepair in violation of this chapter shall be
required to restore the property and its site to its condition and
appearance prior to the violation. Any action to enforce this subsection
shall be brought by the Town Board through its attorney. This civil
remedy shall be in addition to and not in lieu of any criminal prosecution
and penalty.
A.
Any person aggrieved by any final decision of the Historic Preservation
Commission relating to a certificate of appropriateness or to a hardship
denial concerning a proposed demolition may, within 30 days of the
filing of the decision with the office of the Town Clerk, file a written
application with the Town Board of the Town of Montgomery for review
of the final decision of the Commission.
B.
The Town Board must render a written decision within 60 days of receipt
of a fully complete application for an appeal and forward such decision
to the appellant within five days by registered or certified mail.
C.
Any party with standing may seek judicial review of the Town Board's
determination of the appeal provided such action or proceeding is
commenced in the appropriate court of jurisdiction within 30 days
of the filing of the written decision on the appeal with the office
of the Town Clerk.
