[HISTORY: Adopted by the City Council of the City of Troy 10-2-1975;
amended 5-1-1986 (§§ 2-175 through 2-182
of Ch. 2 of the 1973 Code). Amendments noted where applicable.]
A.
The purpose of this chapter is to promote the educational,
cultural, economic and general welfare of the public through the protection,
enhancement and preservation of Troy's historic and/or architectural districts
and landmarks. The City Council of the City of Troy declares that it is a
public purpose to ensure that the distinctive and historical character of
Troy's historic and/or architectural districts and landmarks shall not be
injuriously affected, that the value to the community of those buildings,
sites, monuments and districts having architectural and historical worth shall
not be impaired and that such historic and/or architectural districts and
landmarks be maintained and preserved to promote their use for the education,
pleasure and welfare of the citizens of the City of Troy and others.
B.
It is furthermore a purpose of this chapter to meet the
state standards for participation in the statewide urban cultural park system,
to implement the Riverspark management plan, and to protect the public investment
in Riverspark.
The Historic District and Landmark Review Commission is hereby designated
as the City of Troy Planning Commission (hereinafter referred to as the "Commission").
The City Planning Commission, when carrying out the powers and duties of this
chapter, shall operate under the same officers, staff and rules as to quorum
and voting as it does when carrying out its other powers and duties.
A.
It shall be the duty of the Commission to recommend to
the City Council of the City of Troy the designations of historic buildings,
spaces, objects, sites, monuments, landmarks and/or districts within any part
of the City of Troy. Thereafter, the City Council of the City of Troy shall
approve or disapprove such recommendation by the majority vote of the total
membership. This action shall only take place after a public hearing by the
City Council, notice of which shall be published in a newspaper of general
circulation in the City. For designations affecting less than 50 property
owners, notice of such public hearing shall be by personal mailing to each
property owner.
B.
The Commission shall have the power to review all construction,
demolition or alterations to building sites, monuments, landmarks, spaces
and objects designated as historically or architecturally significant, or
any construction, demolition or alteration within a district designated as
an historical district, prior to issuance of permits for construction or demolition
by any City offices, agencies or departments.
C.
The Commission shall establish its own rules of procedure;
provided, however, that all regular and special meetings shall be open to
the public and any citizen of the City of Troy shall be entitled to appear
and be heard on any matter before the Commission prior to the time at which
it reaches its decision.
D.
Furthermore, it shall be the duty of the Commission to
receive and evaluate petitions requesting designation of buildings, sites,
monuments or districts as historically, naturally or architecturally significant.
(1)
Each petition shall be evaluated based on criteria adopted
by the Commission. The criteria adopted shall use as a guide the criteria
of the National Register of Historical Places.
(2)
Petitioners shall be required to provide all necessary
information requested by the Commission on forms approved by the Commission
and a map depicting the building, site, monument or district to be considered.
E.
It shall be the duty of the Commission to exercise aesthetic
judgment and maintain the desirable character of the district and prevent
construction, reconstruction, alteration or demolition out of harmony with
existing buildings insofar as mass, style, materials, line and detail are
concerned, and thus, to prevent degeneration of property, safeguard public
health, prevent fire, promote safety and preserve the beauty and character
of the district.
F.
In addition to the aforementioned powers, the review
Commission shall have the power to:
(1)
Draw upon City personnel to assist the Commission in
carrying out its duties; in particular drawing upon the advice of personnel
experienced in the fields of history, historic preservation, architecture,
ecology, archaeology or other related professional disciplines.
(2)
Conduct of surveys of buildings for the purpose of determining
those of historic and/or architectural significance and pertinent facts about
them.
(3)
Formulate recommendations concerning the preparation
of maps, brochures and historical markers for selected historic and/or architectural
sites and buildings.
(4)
Advise owners of historic buildings on problems of preservation
and restoration.
(5)
Consult with an advisory committee of members qualified
by education or experience in the field of history, historic preservation,
architecture, ecology, archaeology or other related professional disciplines.
This advisory committee shall consist of three members appointed by the Mayor;
one designated by the Mayor, one designated from a list submitted by the Rensselaer
County Historical Society, and one designated from a list submitted by the
Hudson Mohawk Industrial Gateway. This advisory committee shall be consulted
and shall actively participate in the preparation of written staff reports
from the Department of Planning and Community Development for any agenda item
before the Commission related to any matter covered by this chapter.
G.
Except as provided, the Commission may, in exercising
or performing its powers, duties or functions under this chapter with respect
to any improvement in a district, apply or impose, with respect to the construction,
reconstruction, alteration, demolition of such improvement, determinations
or conditions which are more restrictive than those prescribed or made by
or pursuant to other provisions of law applicable to such activities or work.
However, such determination shall relate only to the exterior of said improvements
or modifications. However, in each case, the Commission shall document its
findings and reasons for its action. These findings shall be transmitted to
the Director of Code Enforcement and the applicant. The applicant, if he/she
so desires, may make modifications to the plans and resubmit his/her application.
H.
The Commission shall consult with local agencies or groups
with expertise in archaeological areas before making decisions affecting those
areas.
A.
Application: This chapter shall apply to all buildings,
structures, outbuildings, walls, fences, steps, topographical features, earthworks,
paving and signs designated as historical landmarks or located within designated
historic districts. No change in any exterior architectural feature, including
but not limited to construction, alterations, restoration, removal or demolition
shall be made except as hereinafter provided.
B.
Exception: Nothing in this chapter shall be construed
to prevent the ordinary maintenance and repair of any exterior architectural
feature in the district which does not involve a change to design, material
or the outward appearance thereof. Nothing in this chapter shall be construed
to prevent the construction, reconstruction, alteration or demolition of any
exterior architectural feature which the Director of Code Enforcement shall
determine is required by public safety because of dangerous or unsafe conditions.
A.
Notwithstanding any inconsistent ordinance, local law,
code, rule or regulation concerning the issuance of building permits, no change
in any exterior architectural feature in the district shall be commenced without
a certificate of appropriateness from the Commission, nor shall any building
permits for such change be issued without such a certificate of appropriateness
required by this section, shall be in addition to, and not in lieu of, any
site plan, variance or building permit that may be required by any ordinance,
local law, code, rule or regulation of the City of Troy.
B.
Application for a certificate of appropriateness shall
be made in writing, in duplicate, upon forms prescribed by the Commission,
to the Commission and shall contain the following:
(1)
Name, address and telephone number of the applicant;
(2)
Location of building, structure or land, the exterior
architectural features of which are proposed to be changed;
(3)
Photographs;
(4)
Elevations of proposed change;
(5)
Perspective drawing;
(6)
Indication or samples of materials to be used in proposed
change; and
(7)
Where proposed change includes signs or lettering, a
scale drawing showing type of lettering, all dimensions and colors; a description
of materials to be used and method of illumination, if any; and a plan showing
location on building or property.
A.
An applicant whose certificate of appropriateness has
been denied may apply for relief from landmark designation on the grounds
that designation is working a hardship upon him. In order to prove the existence
of hardship, the applicant shall establish that:
(1)
The property is incapable of earning a reasonable return,
regardless of whether that return represents the most profitable return possible;
(2)
The property cannot be adopted for any other use, whether
by the current owner or by the purchaser, which would result in a reasonable
return; and
(3)
Efforts to find a purchaser interested in acquiring the
property and preserving it have failed.
B.
After receiving written notification from the Commission
of the denial of a certification of appropriateness, an applicant may commence
the hardship process. No building permit or demolition permit shall be issued
unless the Commission makes a finding that a hardship exists.
C.
The Commission may 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.
D.
The applicant shall consult in good faith with the Commission,
local preservation groups and interested parties in the diligent effort to
seek an alternative that will result in preservation of the property.
E.
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 City Clerk's office for public inspection. The Commission's decision
shall state the reasons for granting or denying the hardship application.
Within a reasonable time after application is filed, but in all events
within 60 calendar days after such filing or within such further time as the
applicant may agree, the Commission shall determine whether the proposed construction,
reconstruction or alteration of the exterior architectural feature involved
will be appropriate to the preservation of the district. In passing upon appropriateness,
the Commission shall consider, in addition to any other pertinent factors,
the historical and architectural value and significance, mass, architectural
style, general design, arrangement, texture and material of the exterior architectural
feature involved and the relationship thereof to the exterior architectural
features of other structures in the immediate neighborhood.
Failure to comply with any of the provisions of this chapter shall be
deemed a violation, and the violator shall be liable to a fine of not more
than $250 and imprisonment for not more than 15 days, or both, and each day
such violation continues shall constitute a separate violation.
