Village of Owego, NY Historic Preservation

The terms for all voting members of the Commission shall be staggered and fixed so that the term of one member shall expire at the end of the official year in which all such voting members were initially appointed. The terms of the remaining voting members shall be so fixed that two terms shall expire at the end of each official year thereafter. At the expiration of the term of each voting member first appointed, his or her successor shall be appointed for a three-year term.

The terms of the initial ex-officio members shall expire at the end of the official year in which they were initially appointed. The terms of all ex-officio members thereafter shall be one year, and expire at the end of each official year thereafter.

Voting member qualifications: To the extent possible, voting members shall reside within the Village of Owego. The composition of the Commission shall include members required to have the following expertise:

At least one shall be an architect, engineer or a contractor having experience in historic preservation;

At least one shall be an historian;

At least one shall be a state-licensed real estate professional;

At least one shall be a resident of the Village of Owego Historic District having 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,

All members shall have a known interest in historic preservation and planning within the Village of Owego.

In the event that the Mayor and Board of Trustees determine that any of the positions described in Subsection E(1), (2), (3), (4) and (5) cannot be filled by persons so qualified, the Mayor and Board of Trustees may fill any such position by appointing persons qualified under Subsection E(4) or (5).

Ex-officio qualifications: Ex-officio members shall, to the extent possible, reside within the Village of Owego and have experience or specialized talents deemed useful to the Commission by the Mayor and Board of Trustees.

Vacancies: Vacancies occurring in the Commission other than by expiration of term of office shall be filled by appointment of the Mayor with the approval of the Board of Trustees. 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.

Reappointment:

Voting members may serve for no more than a maximum of two consecutive full three-year terms. A previous voting member appointee may be reappointed as a voting member after a two-year hiatus from the Commission as a voting member. Previous voting members whose terms have expired may be reappointed to serve as ex-officio members, and such service shall not prevent their reappointment as a voting member after such two-year hiatus.

Ex-officio members may serve an unlimited number of one-year terms.

Each voting member shall serve until the appointment of a successor, or until they serve two consecutive full three-year terms. The term limits imposed by this subdivision may be waived or modified by the Mayor and the Board of Trustees, if it is in the best interests of the Village of Owego to do so.

Compensation: Members shall serve without compensation. Notwithstanding the foregoing, a member also appointed as Secretary may receive compensation as reasonably determined by the Mayor and Board of Trustees.

Training and attendance requirements:

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 Mayor and 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.

To be eligible for reappointment to the Commission, a member shall have completed the training approved by the Mayor and the Board of Trustees.

The training may be waived or modified by resolution of the Mayor and Board of Trustees when, in the judgment of the Mayor and Board of Trustees, it is in the best interest to do so.

No decision of a Commission shall be voided or declared invalid because of a failure to comply with this subdivision.

§ 126-3 Organization.

Chairperson; designation and duties.

The Village of Owego Mayor and Board of Trustees shall designate the Chairperson of the Commission. In the absence of the Mayor's and Board of Trustees' designation, the Chairperson of the Commission shall be designated by vote of an affirmative majority of the members of the Commission.

The Chairperson shall have the right to vote in all matters before the Commission.

All meetings of the Commission shall be held at the call of the Chairperson and at such other times as the Commission may determine by affirmative vote.

Secretary: The Village of Owego Mayor and Board of Trustees shall appoint a secretary to serve as secretary to the Commission. The secretary may, if otherwise qualified and appointed, also serve as a voting or ex-officio member of the Commission. The secretary shall keep a record of all resolutions proceedings, and actions of the Commission, as well as attendance of Commission members.

Quorum: A simple majority of the Commission's voting members shall constitute a quorum for the transaction of business. An affirmative majority vote of the full Commission's voting membership is required to approve any resolution, motion or other matter before the Commission.

§ 126-4 Records and annual report.

Records: The Commission shall be subject to the provisions of the Public Officers Law, including Article 7 related to the Open Meetings Law. The Commission records shall be readily available to the public. The vote or failure to vote of each Commission member shall be recorded. If any Commission member abstains from voting based on a conflict of interest or otherwise, the member must also state his or her reason(s) or ground(s) for doing so on the record.

Annual reports: The Commission shall submit an annual report of its activities to the Mayor and Board of Trustees and make such recommendations to the Mayor and Board of Trustees as the Commission deems necessary to carry out the purposes of this chapter.

§ 126-5 Promulgation of regulations; meetings.

Regulations: The Commission may recommend to the Mayor and Board of Trustees regulations relating to any subject matter over which the Commission has jurisdiction under this chapter. Any such recommendation may be adopted by local law or resolution of the Village of Owego's Mayor and Board of Trustees.

Bylaws; meetings: The Commission may approve bylaws, subject to review and approval of such bylaws by the Board of Trustees. Such bylaws shall provide for the time and place of regular meetings; and may provide for the calling of special meetings by the Chairperson or by written request of at least two voting members of the Commission. Regular meetings shall be held at least once a month. All regular or special meetings of the Commission shall be consistent with the notice provisions of the New York Open Meetings Law and shall be open to the public.

§ 126-6 Committees.

The Commission may, in its bylaws, establish permanent or ad hoc committees consisting of no fewer than three current voting members of the Commission for tasks assigned to it by the full Commission.

§ 126-7 Powers and duties of the Historic Preservation Commission.

General and advisory powers. The Commission shall, from time to time:

Review any local laws or regulations, including existing landmarks or historic preservation laws or regulations in the Village of Owego, and recommend to the Village of Owego Mayor and Board of Trustees any changes and amendments thereto;

Recommend to the Village of Owego Mayor and Board of Trustees additional regulations to be adopted by local law that may be necessary for the Commission to conduct its business, consistent with the scope and intent of this chapter;

Recommend to the Village of Owego's Mayor and Board of Trustees specific criteria for regulations to be adopted by local law that identify and catalogue significant historic landmarks, and from time to time advise it on suggested changes thereto;

Recommend to the Village of Owego's Mayor and Board of Trustees designation of additional or new landmarks and historic districts;

Maintain a current inventory of locally-designated historic resources or districts within the Village of Owego and publicize the inventory;

Recommend to the Village of Owego's Mayor and Board of Trustees additional criteria to be adopted in local laws to be used when evaluating applications for a certificate of appropriateness;

(7)

Recommend to the Village of Owego's Mayor and Board of Trustees proposals for the acquisition of preservation easements or other interests in real property;

(8)

Conduct investigations, prepare maps, reports and recommendations in connection with its advisory authority relating to the planning, development and administration of the Village of Owego landmarks preservation policies, regulations and local laws as needed, provided the total expenditures of said Commission shall not exceed the appropriation provided by the Village of Owego's Mayor and Board of Trustees together with any public or private grant funding received by the Village of Owego for the Commission to undertake its landmarks preservation powers and duties.

(9)

Report on matters referred to it by the Village of Owego Mayor and Board of Trustees. The Village of Owego Mayor and Board of Trustees may by resolution provide for the referral to the Commission for a report on any matter or class of matters that impact the Village of Owego's landmarks preservation local law, policies, regulations or administrative processes before final action is taken thereon by the Village of Owego Mayor and Board of Trustees or other office of said Village of Owego having final authority over said matter. The Village of Owego Mayor and Board of Trustees may further stipulate that final action thereon shall not be taken until the Commission has submitted its report thereon, or has had a reasonable time, to be fixed by the Village of Owego Mayor and Board of Trustees in said resolution, to submit the report.

Administrative reviews. In accordance with the regulations adopted by the Village of Owego Mayor and Board of Trustees for landmarks and historic preservation purposes, the Commission shall:

Evaluate an application for a certificate of appropriateness; approve, approve with modifications, or deny any proposal for exterior changes to a designated individual landmark or property within a designated historic district resulting from any such application;

Evaluate an application for a certificate of economic hardship; approve, approve with modifications, or deny any such application;

Evaluate an application for a certificate of appropriateness for demolition, removal or relocation; approve, approve with modifications, or deny any such application;

Evaluate, without public hearing, an application for ordinary maintenance and repair of historic resources, properties or landmarks; approve, approve with modifications, or deny any such applications;

Perform other functions that the Village of Owego Mayor and Board of Trustees may designate by local law.

The Commission may recommend designation of an historic district under this historic preservation local law and that historic district is not to be construed as a zoning district under the Village of Owego local law. Nothing contained in this historic preservation local shall be construed as authorizing the Commission to adopt a law, bylaw or regulation that regulates or limits the height and bulk of buildings, regulates and determines the area of yards, courts and other open spaces, regulates density of population or regulates or restricts the locations of trades and industries or creates zoning districts for any such purpose.

§ 126-8 Cooperation of Village of Owego departments.

All Village of Owego departments, including the Village Zoning and Planning Boards shall, upon reasonable request of the Commission, timely assist and furnish available permits, plans, reports, maps and statistical and other information which the Commission may require for its work.

§ 126-9 Criteria and designation of landmarks or historic districts.

The Village of Owego Mayor and Board of Trustees shall designate landmarks or historic districts within the Village under this local preservation law. Ordinarily, properties that have achieved significance within the past 50 years are not considered eligible for designation. However, such properties will qualify if they are integral parts of historic districts that meet the criteria for designation, or if they are properties of exceptional importance. The boundaries of each landmark, interior 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 of Owego Clerk's office and there made available for review by the public.

Individual landmark: The Village Board may designate an individual property as an individual landmark if it:

Exemplifies or possesses special character, or historic or aesthetic interest of value as part of the political, economic, or social history of the Village of Owego;

Is identified with persons or events significant in local, state, or national history;

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;

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

Has yielded or may be likely to yield information important in prehistory or history.

Historic district: The Village Board may designate a group of properties within the Village of Owego as an historic district if a majority of properties therein:

Contain 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

Constitute a unique section of the Village of Owego by reason of possessing those qualities that would satisfy such criteria.

Interior landmark: The Village Board may, with the property owner's consent, designate the interior of a property as an interior landmark if such interior has special historical or aesthetic interest or value as part of the development, heritage or cultural characteristics of the Village, town, city, state or nation and:

It is customarily open or accessible to the public; or

It is an interior into which the public is customarily invited.

Scenic landmark: The Village Board 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 Village Board to make an informed recommendation concerning the application, together with any fee set by the Village of Owego Mayor and Board of Trustees.

Districts and designated landmarks. The districts and landmarks over which the Commission shall initially exercise interpretation as regards historic preservation are as follows: The Central Historic Business District as defined on the National Register of Historic Places; all the properties on Front Street east from number 218 to and including number 442; all the properties on the south side of Front Street west of the Court Street Bridge; all the properties on the north side of Front Street west of number 145; all the properties on the north side of Main Street commencing with number 207 and east to and including number 405; all the properties on the south side of Main Street commencing with the southeast corner of Church Street and Main Street east to and including number 408; the structures on the properties on Church Street numbered 20 and 30; the structures on the properties on Temple Street numbered 138 and 142; the structures on the properties on Paige Street between Front Street and East Temple Street; all the properties on John Street between Front Street and Main Street; all the properties on Spencer Avenue between Main Street and Temple Street; and the properties on Ross Street between Front Street and Main Streets numbered 15, 16, 18, 19, 25, 27, 29, 30 and 34.

§ 126-10 Notice and hearing requirements for proposed designation.

The Village Board shall designate individual landmarks or historic districts in the following manner:

Initiation of proposed designation. Designation of an individual historic landmark or historic district may be proposed by the Village Board, the Commission, or by the owner of the property. Designation of an historic district may also be proposed by 51% or more of the owners of street frontage in the area proposed to be designated.

Public hearing; general notice.

Upon receipt of a full application, the Village Board shall refer the application to the Commission for an advisory opinion. No later than 60 days after receipt of the full application, the Village Board shall schedule a joint public hearing with the Commission on the application. Public notice of any such hearing shall be given by publication in a newspaper of general circulation within the Village of Owego at least 10 days prior to the public hearing date.

The Village Board shall require submission of written comments on the application prior to designation of any landmark, interior landmark, scenic landmark, or historic district.

The Village Board, 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.

Notice of public hearing.

Notice of public hearing for a proposed designation shall be sent by regular mail to the owners of properties located within the area of the proposed historic district at least 10 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 Village Board.

§ 126-11 Certificate of appropriateness for alteration, demolition, or new construction affecting individual landmarks or historic districts.

The notice provisions are in addition to the general notice requirements under Subsection B of this section.

Work moratorium: Once the Village Board has issued notice of a proposed designation it may put in place a moratorium 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 Village Board and until it has made its decision on designation.

Record: The Village Board shall compile a public record in support of its delineation 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 Village Board's consideration by the date of the hearing. At a minimum, the record of the delineation shall contain the application, Village Board, Commission, and/or staff reports, any comments made on the application at the public hearing, and the Commission's recommendation to the Board of Trustees of the Village of Owego to approve, approve with modifications, or deny the application requesting designation.

Village decision: Within 30 days after the close of the public hearing, the Commission shall render an advisory opinion to the Village Board regarding the proposed designation. Within 32 days of receiving said advisory opinion, the Village Board shall by local law 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, the Village Board shall send notice of its designation to the applicants and the owners of the designated property by certified mail/return receipt requested or in the case of an approved historic district, the Village Board shall send notice by certified mail/return receipt requested to the applicants and owners of all properties within the approved district.

The Village Board may agree with the applicant in writing to extend the time period within which a recommendation will be made.

The Village Board shall forward notice of each property designated as an individual landmark and the boundaries of each designated historic district to the Building Department and Planning Department and Village of Owego Clerk and County Clerk for recordation.

Failure to send notice. 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.

Amendment or rescission. The Village Board may amend or rescind any designation of an individual landmark or historic district in the same manner and procedure as followed for designation.

The Village of Owego Historic Preservation Commission is responsible for the approval or disapproval of proposals for exterior changes to an historic property designated under this chapter. No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction, moving or removal of a designated historic landmark or property within a designated historic district without first obtaining a certificate of appropriateness that authorizes such work from the Commission.

All changes to Village of Owego-owned property affecting an individual landmark or within an historic district shall be subject to the provisions of this chapter.

The Department of Public Works shall receive and file all applications issued for any individual landmark, or landmarks or historic district to which this chapter applies. The Building Department shall transmit a copy of any such application to the Commission.

The Commission may require that the application for certificate of appropriateness be supplemented by such additional information or materials as may be necessary for a complete review. The Commission may impose such reasonable conditions or restrictions as it deems necessary or appropriate on a case-by-case basis to promote or achieve the purpose of this chapter.

§ 126-12 Criteria for issuing a certificate of appropriateness.

Certificate of appropriateness; general criteria: The Commission shall approve the issuance of a certificate of appropriateness only if it or they, as the case may be, determines that the proposed work will not have a substantial adverse effect on the aesthetic, historical, or architectural significance and value of the individual landmark or if the proposed work is within an historic district, proposed work will not have a substantial adverse effect on the aesthetic, historical, or architectural significance of the property itself, the district or neighboring properties in such district.

In making this determination, the decision to approve, approve with modification(s), or deny an application for a certificate of appropriateness for an individual landmark, interior landmark, or scenic landmark will be guided by the Secretary of the Interior's Standards for Rehabilitation and by the following principles:

The decision to approve, approve with modification(s), or deny an application for a certificate of appropriateness for an improvement to property located within an historic district shall be based on the following principles:

Properties which contribute to the character of the historic district shall be retained, with their historic features altered as little as possible;

Any alteration of existing properties shall be compatible with the surrounding historic district; and

New construction shall be compatible with the historic district in which it is located;

In applying the principle of compatibility set forth in Subsection B of this section, the following factors shall be considered:

The general design and character of the proposed alteration or new construction relative to existing features of the property or improvement;

The scale and visual compatibility of the proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood;

Texture and materials, and their relation to similar features of the property and other properties in the neighborhood;

Visual compatibility with surrounding properties, including proportion of the property's 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; and

The importance of historic physical and visual features to the significance of the property.

In approving an application for a certificate of appropriateness, the reviewing body or officer shall find that the building or structure for which the permit was requested, if erected or altered in accordance with the submitted plan or with stated modifications, would be consistent with the spirit and intent of this chapter, would not be visually offensive or inappropriate by reason of poor quality of exterior design, monotonous similarity or visual discord in relation to the sites or surroundings, would not mar the appearance of the area, would not impair the use, enjoyment and desirability or reduce the values of properties in the area, would not be detrimental to the character of the neighborhood, would not prevent an appropriate development and utilization of the site or of adjacent lands and would not adversely affect the functioning, economic stability, prosperity, health, safety and general welfare of the community.

Where the Commission grants a certificate of appropriateness under circumstances where the permitted activity is likely to uncover or affect archaeological resources, it shall require reasonable efforts to protect and preserve such resources. Where such protection and preservation is not feasible, the Commission shall nonetheless impose appropriate and reasonable conditions to insure that the archaeological resource is made accessible for a reasonable period to qualified persons.

In approving an application for a certificate of appropriateness, the reviewing body or officer shall not review paint color choices, but may review design decisions.

§ 126-13 Certificate of appropriateness application procedure.

Prior to the commencement of any work requiring a certificate of appropriateness, the property owner shall file an application for a building permit with the Village of Owego Department of Public Works and an application for such certificate with the Commission.

The application for certificate of appropriateness shall contain:

Name, address, and telephone number of applicant;

Building permit application number as assigned by the Building Department;

Location and photographs of property;

Elevation drawings of proposed changes, if available;

Perspective drawings, including relationship to adjacent properties, if available;

Samples of building materials to be used;

(7)

Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions, a description of materials to be used, method of illumination, and a plan showing the sign's location on the property; and any other information which the Commission may deem necessary in order to visualize the proposed work.

Upon receipt of all the information required herein, the Commission shall deem the application complete and shall place the application on the agenda of the next meeting of the Commission.

Upon submission of a complete application, the Commission shall have the authority to, without public hearing and notice:

Determine whether the proposed work constitutes ordinary maintenance and repair for which a certificate of appropriateness is not required;

Approve work which is considered replacement-in-kind;

Approve work that is of any other type that has been previously determined by the Commission to be appropriate for delegation to staff.

The Commission is required to report to the Mayor and the Board of Trustees on a monthly basis on all activities for which applications were submitted and decisions were made without any public hearing and notice.

§ 126-14 Certificate of appropriateness public notice requirements.

Upon application for a certificate of appropriateness, public notice of the proposal shall be posted by the owner or owner's representative on the property for a minimum of 10 days. This notice must remain in place until a decision to approve or deny the certificate of appropriateness has been made. The notice shall specify the proposed work, the time and place of the public hearing, and to whom and by when any public comments are to be communicated. The notice must be placed at or near the property line in the front yard so that it will be plainly visible from the street, and, in cases where a property has frontage on more than one street, an additional sign must be placed at or near the property line on any additional street frontage so that the sign will be plainly visible from the street on which it has such additional frontage.

The Commission shall hold a public hearing prior to rendering a decision on any application for a certificate of appropriateness. Notice of the public hearing shall be published in a newspaper of general circulation in the Village at least 10 calendar days prior to the public hearing date. The notice shall specify the time and place of the public hearing, a brief description of the proposal, and the location where the proposal may be reviewed prior to the hearing. The property owner and any interested party may present testimony or documentary evidence regarding the proposal at the hearing, which will become a part of the record. The record may also contain staff reports, public comments, and other evidence offered outside of the hearing, but presented by the hearing date.

Within 62 days after the close of the public hearing, the Commission shall approve, approve with conditions or modifications, request additional information, or deny the certificate of appropriateness.

In the event, however, that the Commission shall make a finding of fact that the circumstances of a particular application require further time for additional study and information than can be obtained within the aforesaid sixty-two-day period after close of the public hearing, then the Commission shall have a period of up to one additional sixty-two-day period from the date of any such finding within which to act upon such an applications.

All decisions shall be in writing. A copy shall be sent to the applicant by certified mail/return receipt requested or courier service with proof of delivery or personal service with proof of delivery, and a copy filed with the Department of Public Works and the Village of Owego clerk for public inspection, within 10 days of the date of the decision. The decision shall state the reasons for denying or modifying any application.

Upon approval of any certificate of appropriateness, the property owner shall visibly display such certificate at the work site, and such certificate shall remain visible until the authorized work has been completed.

The foregoing requirements, other than Subsections E and F, shall not apply to applications that qualify for, and receive, an administrative certificate of appropriateness.

§ 126-15 Recommendation on a temporary moratorium on land use approvals.

Once the Commission has received a complete application requesting a certificate of appropriateness it may request the Mayor and Board of Trustees to adopt a temporary moratorium prohibiting the issuance of any building permits or demolition permits, relating to any property or resource that is the subject of the application, by the building official and/or other agencies as long as the application is under active consideration by the Commission and until the Commission has made its decision.

The Commission's request for a temporary moratorium shall include the reasons the Commission deems the imposition of such a temporary moratorium is in the best interest of the public or to preserve the historic landmark or district. Copies of the Commission's request for imposition of a temporary moratorium shall be sent to the applicant by certified mail/return receipt requested or hand-delivered to the applicant's representative of record.

An applicant for a certificate of appropriateness may petition the Mayor and the Board of Trustees for the lifting of any temporary moratorium to allow certain work to proceed pending the Commission's determination to approve, approve with modification(s) or to deny the application, if such work would not affect the historic features under consideration. The applicant shall send a copy of the petition with all supporting documents to the Commission. Before the Mayor and Board of Trustees renders a decision on the applicant's petition, it shall hold a hearing if requested by the Commission or member of the public.

The certificate of appropriateness required by this chapter shall be in addition to and not in lieu of any building permit or other land use approval that may be required by any other local law or regulation of the Village of Owego, New York.

§ 126-16 Expiration of approval; extension of approval.

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 in writing to the Commission for an extension and shall explain the reasons for the extension request. Up to two extensions of six months each may be granted before such request shall be treated as a new application for a new certificate of appropriateness.

§ 126-17 Alteration hardship process and criteria.

An applicant whose certificate of appropriateness for a proposed alteration has been denied may apply to the Commission for relief on the ground of economic hardship. In order to prove the existence of economic hardship related to a proposed alteration, the applicant shall establish that the denial of a certificate of appropriateness will prevent the property owner from earning a reasonable return on investment, regardless of whether that return represents the most profitable return possible.

As promptly as is practicable after making a preliminary determination of hardship as provided in this chapter, the Commission, with the aid of such experts as it deems necessary, shall, in consultation with the applicant, endeavor to develop a plan whereby the improvement may be preserved and perpetuated in such manner as to effectuate the purpose of this chapter, and also rendered capable of earning a reasonable return.

Consultation; plan development. The applicant shall consult in good faith with the Commission, local preservation groups, and other interested parties in a diligent effort to seek an alternative that will result in appropriate preservation of the property. The consulting parties may include interested purchasers, as well as preservation and other interested organizations, public agencies, developers, real estate agents and individuals who may be instrumental in developing an economically feasible solution.

Economic hardship; criteria. Following the denial of a certificate of appropriateness, the applicant may request a certificate of economic hardship. In all cases other than a proposed demolition, removal or relocation, the applicant shall prove the existence of economic hardship by demonstrating to the Commission that:

The applicant cannot realize a reasonable return if compliance with the Commission's decision is required; provided, however, that the lack of reasonable return is proven by the applicant to be substantial as demonstrated by competent financial evidence;

That the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;

That the requested relief, if granted, will not alter the essential character of the neighborhood; and

That the alleged hardship has not been self-created.

The Commission, in the granting of a certificate of economic hardship, shall grant the minimum terms deemed necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

Public hearing.

The Commission may hold a public hearing on the hardship application at which an opportunity will be provided for the applicant and public to present their views on the hardship application.

If no public hearing is held, the Commission must render a decision on the hardship application within 62 days following its receipt of a complete application.

A complete application includes the conclusion of all activities under Subsection C initiated to consult with necessary parties to determine whether the property may be preserved or rehabilitated in a manner that alleviates the hardship that would otherwise result while substantially accomplishing the goals of this chapter.

A complete application also includes receipt by the Commission of all submissions necessary to meet the applicant's burden of proof.

Following the submission of a complete application, the Commission may schedule a public hearing within a reasonable time and determine within 62 days following to the close of any public hearing held on the application whether the applicant has met his or her burden of proof.

Commission decision.

If the Commission finds that the applicant's burden of proof has not been met, the Commission shall deny the application for a certificate of economic hardship.

If the Commission finds that the applicant's burden of proof has been met, the Commission shall issue a preliminary determination of landmarks or economic hardship within 62 days of the close of any public hearing held on the application or within 62 days after the Commission has received a complete application.

Within 62 calendar days following the Commission's preliminary determination of economic hardship the Commission must make a final determination.

A decision of the Commission on the hardship application shall be in writing and shall state the reasons for granting or denying it. A copy shall be sent to the applicant by certified mail/return receipt requested or courier service with proof of delivery or personal service with proof of delivery and a copy filed with the Village/Town/City Clerk's office for public inspection.

No building permit or other land use approvals shall be issued unless the Commission grants the hardship application. If the hardship application is granted, the Commission shall approve only such work as is necessary to alleviate the hardship.

§ 126-18 Certificate of appropriateness for demolition, removal, of relocation of landmark buildings.

Demolition, removal or relocation of an individual landmark or of a structure located in and contributing to the significance of an historic district shall be allowed only in case of economic hardship, unless the Building Department, upon due deliberation, has made an express written finding that the structure presents an imminent threat to the public health, safety and welfare.

Any person desiring to demolish, remove or relocate a designated historic building shall first file an application for demolition with the Building Department and an application for a certificate of appropriateness for demolition, removal or relocation with the Commission. An applicant must submit the following items:

Current level of economic return;

Amount paid for the property, date of purchase, party from whom purchased, and relationship between the owner of record, the applicant, and person from whom property was purchased;

Annual gross and net income from the property for the previous three years; itemized operating and maintenance expenses for the previous three years, and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;

Remaining balance on the mortgage or other financing secured by the property and annual debt-service, if any, during the prior three years;

Real estate taxes for the previous four years and assessed value of the property according to the two most recent assessed valuations;

All appraisals obtained within the last two years by the owner or applicant in connection with the purchase, financing, or ownership of the property;

(7)

Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture, or other;

(8)

Any state or federal income tax returns relating to the property for the last two years;

(9)

Any listing of property for sale or rent, price asked, and offers received, if any, within the previous two years, including testimony and relevant documents regarding: (a) any real estate broker or firm engaged to sell or lease the property, (b) reasonableness of price or rent sought by the applicant, or (c) any advertisements placed for the sale or rent of the property;

(10)

Feasibility of alternative uses for the property that could earn a reasonable economic return;

(11)

Report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any buildings on the property and their suitability for rehabilitation;

(12)

Cost estimates for the proposed construction, alteration, demolition, or removal, and an estimate of any additional cost that would be incurred to comply with the requirements for a certificate of appropriateness;

(13)

Estimated market value of the property:

In its current condition;

After completion of the proposed alteration or demolition; and

After renovation of the existing property for continued use;

(14)

Expert testimony or opinion on the feasibility of rehabilitation or reuse of the existing structure by an architect, developer, real estate consultant, appraiser, and/or other real estate professional experienced in historic properties and rehabilitation;

(15)

Any evidence of self-created hardship through deliberate neglect or inadequate maintenance of the property; and

(16)

Economic incentives and/or funding available to the applicant through federal, state, city, or private programs.

Demolition, removal or replacement of any such building may be approved only in connection with approval of a replacement project.

The Commission shall hold a public hearing and shall take one of the following actions:

Approve the permit in conformance with the provisions of § 126-19 of this chapter;

Approve the permit subject to a waiting period of up to 120 days to consider relocation/documentation;

Deny the permit.

During the continuance period, the Commission may investigate relocation of the building (on site) or modification of the building for future uses in a way which preserves the architectural and historical integrity of the building.

§ 126-19 Demolition, removal or relocation hardship criteria.

An applicant whose request for a certificate of appropriateness for demolition, removal or relocation has been denied may apply for relief on the ground of economic hardship. In order to prove the existence of economic hardship sufficient to justify demolition, removal, or relocation, the applicant shall establish that the denial will prevent the property owner from earning a reasonable return on investment, regardless of whether that return represents the most profitable return possible.

The applicant must establish, to the Commission's satisfaction, an imminent plan of reuse or redevelopment of the affected property.

The applicant shall also establish that:

The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible; and

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

Efforts to find a purchaser interested in acquiring the property and preserving it have failed.

In deciding upon such application for removal, relocation or demolition, the Commission may consider whether the owner has created his own hardship through waste and neglect, thereby permitting the property to fall into a serious state of disrepair.

Before approving the relief for economic hardship, the Commission may suspend the application for up to 180 days to allow the applicant to consult in good faith with the Commission, local preservation groups, and the public in a diligent effort to seek a less intrusive alternative to demolition.

§ 126-20 Affirmative maintenance and repair requirement.

Ordinary maintenance; repair.

Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of an historic landmark or property within an historic district that does not involve a change in design, building materials, or outward appearance.

The Commission may evaluate and decide, without public hearing, whether or not proposed work constitutes ordinary maintenance and repair or requires a certificate of appropriateness.

No owner or person with an interest in real property designated as an individual landmark or included with an historic district shall permit the property to fall into a serious state of disrepair. Maintenance shall be required, consistent with the Property Maintenance Code of New York State Uniform Fire Prevention and Building Code and all other applicable local regulations.

Every owner or person in charge of an improvement on a landmark site or in an historic district shall keep in good repair:

All of the exterior portions of such improvements; and

All interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvement to deteriorate, decay or become damaged or otherwise to fall into a serious state of disrepair. Examples of types of prohibited disrepair include, but are not limited to:

Deteriorated or crumbling exterior plasters, mortar or facades;

Deteriorated or inadequate foundation;

Defective or deteriorated flooring or floor supports or any structural floor members of insufficient size to carry imposed loads with safety;

(d)

Deteriorated walls or other vertical structural supports that split, lean, list or buckle due to defective material or deterioration;

(e)

Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration or are of insufficient size to carry imposed loads;

(f)

Ineffective or inadequate waterproofing of exterior walls, exterior chimneys, roofs, foundations or floors, including windows or doors, which may cause or tend to cause deterioration, decay or damage;

(g)

Defective or insufficient weather protection for roofs, foundation or exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering, which may cause or tend to cause deterioration, decay or damage;

(h)

Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration or are of insufficient size or strength to carry imposed loads with safety;

(i)

Any fault or defect in the building or structure which renders it not properly watertight or otherwise compromises the life and character of the building or structure.

Interiors: Every owner or person in charge of an improvement to an interior landmark shall keep in good repair:

All portions of such interior landmark; and

All other portions of the improvement which, if not so maintained, may cause or tend to cause the interior landmark contained in such improvement to deteriorate, decay, or become damaged or otherwise to fall into a serious state of disrepair.

Every owner or person in charge of a scenic landmark shall keep in good repair all portions thereof.

§ 126-21 Enforcement and violations; penalties.

All work performed pursuant to a certificate of appropriateness issued under this chapter shall conform to the requirements expressly stated in the certificate or reasonably implied therefrom. It shall be the duty of the Building Inspector to periodically inspect any such work to assure compliance with the certificate and all applicable law. In the event any requirement included in the certificate of appropriateness has not been met, or upon notification of that fact by the Historic Preservation Commission, the Building Inspector 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.

Any owner or person in charge of a property who demolishes, alters, constructs, or permits a designated property to fall into a serious state of disrepair in violation of this chapter in the absence of a certificate of appropriateness, a finding of economic hardship, or other approval by the Commission, may be required by the Village of Owego Mayor and Board of Trustees to restore the property and its site to its appearance prior to the violation.

If, in the judgment of the Commission, a violation of this chapter exists that will result in a detrimental effect upon the life and character of a designated historic resource, landmark, property or on the character of an historic district as a whole, the Commission shall notify the building inspector. If, upon investigation, the building inspector finds noncompliance with the requirements of the Property Maintenance Code of the New York State Fire Prevention and Building Code, or any other applicable law or regulation, the building inspector shall order such remedies as are necessary and consistent with this chapter and shall provide written notice thereof to the secretary of the Commission.

Penalties. A violation of this chapter is deemed an offense punishable by a civil fine, criminal imprisonment or both, as set forth below. Each week's continued violation shall constitute a separate, additional violation.

First offense: A first conviction for violation of this chapter may result in a fine not exceeding $250.

Second offense: A second conviction for violation of this chapter, excepting those second convictions constituting a continued violation, if the occurrence that leads to conviction began within a period of five years from the date of first conviction, may result in a fine not less than $250 nor more than $500 or imprisonment for a period not to exceed 15 days, or both;

Third offense: A conviction for a third or subsequent offense, excepting those third or subsequent offenses constituting a continued violation, all of which were committed within a period of five years from when the occurrence leading to the first conviction began, shall include a fine of not less than $500 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both.