Pursuant to the provisions of § 96-a
and Article 5-K of the New York State General Municipal Law, 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 Village of Geneseo has many significant
historic, architectural and cultural resources which constitute its
heritage, this chapter is intended to:
A. Protect and enhance the attractiveness of the Village
of Geneseo to home buyers, visitors, shoppers and residents, and thereby
provide economic benefits to the Village and its citizens.
B. Protect and enhance the landmarks and historic districts
which represent distinctive elements of the historic, architectural,
and cultural heritage of the Village of Geneseo.
C. Foster civic pride in the beauty and history of the
Village of Geneseo.
D. Conserve and improve the value of property within
the Village.
E. Promote the harmonious, orderly and efficient growth
and development of the Village.
As used in this chapter, the following terms
shall have the meanings indicated:
ALTERATION
Any act or process which changes one or more of the exterior
architectural features of the structure designated as a landmark or
any structure or building in an historic district or which substantially
changes the character, ambience, aesthetic or historical value of
an historic district.
BUILDING
A structure wholly or partially enclosed by walls and a roof,
affording shelter to persons, animals or property.
EMERGENCY ALTERATION
An alteration necessary to avoid risk of physical injury,
to avoid loss of structural integrity and to maintain habitability.
EXTERIOR ARCHITECTURAL FEATURES
The architectural style, design, general arrangement and
components of all of the outer surfaces of any building or structure,
including but not limited to the kind and/or texture of the building
material and the type and style of all windows, doors, lights, signs
and other fixtures appurtenant to said building or structure.
HISTORIC DISTRICT
Any area which contains places, sites, structures or buildings
which have a special character and ambience or historical value or
aesthetic interest and which represent one or more periods or styles
of architecture of an era of history and which cause such area to
constitute a distinct section of the Village.
HRB
The Historic Review Board of the Village of Geneseo.
LANDMARK
Any place, structure or building of historical value or aesthetic
interest by reason of its antiquity or architectural design or as
part of the development, heritage or cultural characteristics of the
Village, town, county, state or country.
LANDMARK SITE
A parcel or part thereof, including open space, on which
is situated a landmark, and any abutting parcel or part thereof constituting
part of the premises on which the landmark is situated.
STRUCTURE
Any assembly of materials forming a construction framed of
component structural parts whether or not for occupancy or use, including
buildings.
There is hereby created a board to be known
as the "Historic Review Board (HRB) of the Village of Geneseo," hereinafter
referred to as the "HRB."
A. The HRB shall consist of five members to be appointed
by the Mayor with the approval of the Village Board of Trustees. Members
shall have a known interest in historic preservation and architectural
development within the Village of Geneseo.
(1) To the extent of availability in the Geneseo community,
consideration should be given to balancing representation on the HRB
so as to include such expertise as an architect or architectural historian,
an attorney, a person familiar with local history, a licensed real
estate broker and a local merchant/businessperson.
(2) At least one member shall have demonstrated significant
interest in and commitment to the field of historic preservation,
either by involvement in a local historic preservation group, employment
or volunteer activity in that field, or other serious interest in
preservation.
B. Historic Review Board members shall serve for a term
of three years, with the exception of the initial term of one of the
members which shall be one year, two which shall be two years and
two which shall be three years. Members may be reappointed with a
limit of two consecutive three-year terms. Members who have served
two consecutive three-year terms will be eligible for reappointment
after an absence of one year from membership on the HRB. The Mayor
shall appoint any replacement member of the HRB to complete an unexpired
term.
C. The chairperson of the HRB shall be appointed by the
Mayor.
D. The powers of the HRB shall include:
(1) Appointment of professional consultants as necessary
to carry out the duties of the HRB, compensation of whom shall be
only as approved by the Village 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 landmarks and for the delineation
of historic districts.
(4) Provisions for surveys of significant historic, architectural
and cultural landmarks and historic districts within the Village.
(5) Designation of identified structures or resources
as landmarks or historic districts, with the approval of the property
owner(s).
(6) Increasing public awareness of the value of historic,
cultural and architectural preservation by developing and participating
in public education programs.
(7) Making recommendations to the Village Board concerning
the utilization of state, federal or private funds to promote preservation
of landmarks and historic districts within the Village.
(8) Approval or disapproval of applications for certificates
of approval pursuant to this chapter.
(9) The HRB may, upon request, advise owners of property
or structures within the Village on the physical and financial aspects
of preservation, renovation, rehabilitation and reuse.
(10) The HRB may undertake any other action or activity
necessary or appropriate to the implementation of its powers and duties,
or to the advancement of the purposes set forth in this chapter.
E. The HRB shall meet at least monthly, but meetings
may be held at any time on the written request of any three of the
HRB members or on the call of the Chairperson or the Mayor. The HRB
shall provide the Village Clerk with a schedule of its regular monthly
meetings.
F. A quorum for the transaction of business shall consist
of three of the HRB's members, but not less than a majority of the
full authorized membership may grant or deny a certificate of approval.
No person who has accepted historic designation
shall carry out any exterior alteration, restoration, reconstruction,
demolition, new construction or moving of a landmark or property within
an historic district, nor shall any person make any material change
in the appearance of such property, its grounds, signs, sidewalks,
fences, steps, paving, light fixtures or other exterior elements,
without first obtaining a certificate of approval from the Historic
Review Board.
All work performed pursuant to a certificate
of approval 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 that work is found that is not being performed in accordance
with the certificate of approval, or upon notification of such fact
by the HRB, 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.
Any person aggrieved by a decision of the HRB
relating to a certificate of approval or hardship may, within 30 days
of the filing of the decision in the Village Clerk's office, file
a written application with the Village Board of Trustees for review
of the decision.
Where this chapter imposes greater restrictions
than are imposed by the provision of any law, ordinance, regulation
or private agreement, the provisions of this chapter shall control.
Where greater restrictions are imposed by any law, ordinance, regulation
or private agreement than are imposed by this chapter, such greater
restrictions shall not be affected by this chapter.
No decision to carry out or approve an action
subject to the provisions of this chapter shall be rendered by any
department, board, commission, officer or employee of the Village
of Geneseo until there has been full compliance with all requirements
of this chapter. This shall not prohibit environmental, engineering,
economic feasibility or other studies, preliminary planning or budgetary
processes, nor the granting of an application relating only to technical
specifications and requirements, but not authorizing commencement
of action until full compliance with this chapter has been met.