A.
Pursuant to the provisions of § 96-a of
the General Municipal Law, it is hereby declared that the preservation
of historic sites, areas, building and landmarks located in the Village
of Orchard Park is essential to the general welfare of the community
and the purpose of this article is to:
(1)
Safeguard the heritage of the Village of Orchard Park
by preserving places, buildings and works of art in the Village which
reflect its cultural, social, economic, political and architectural
history;
(2)
Protect buildings, structures and areas in the Village
of Orchard Park which are recognized as national historic sites and
landmarks;
(3)
Stabilize and improve property values;
(4)
Foster civic beauty;
(5)
Strengthen the local economy; and
(6)
Promote the use of the historic places, buildings
and works of art for the education, pleasure and welfare of the citizens
of the community.
B.
Pursuant to these purposes there is hereby established
the following regulations.
No designated structure shall be constructed,
altered, repaired, moved or demolished unless such action complies
with the requirements hereinafter set forth.
A.
Review Commission.
(1)
The Planning Board of the Village of Orchard Park
shall act as the Review Commission for the purposes of this article.
(2)
All plans for the construction, alteration, repair,
or demolition of structures hereinafter designated shall first be
submitted to the Village of Orchard Park Planning Board which shall
have the power to pass upon such plans before a permit for such work
shall be granted; provided, however, that the Planning Board shall
pass only on such exterior features of a structure as are visible
from the public way and shall not consider interior arrangements.
In reviewing the plans, the Planning Board shall give consideration
to:
(a)
The historical or architectural value and significance
of the structure and its relationship to the historic value of the
surrounding area;
(b)
The general appropriateness of the exterior
design, arrangement, texture and materials proposed to be used; and
(c)
Any other factor, including aesthetic, which
it deems pertinent.
(3)
The Planning Board may consult with persons of the
architectural profession, the landscape architectural profession,
the local historical society and the owners of the structures.
B.
Specific standards. In addition to the foregoing general
standards, the following specific standards shall apply in appropriate
cases:
(1)
Alterations, repairs and additions. Alterations, repairs
and additions to existing buildings shall either be made consistent
with the spirit of their architectural style or shall alter the structure
to an appropriate appearance consistent with the architectural styles
of historic value existing in the area.
(2)
New construction. Insofar as possible, new construction
shall be consistent with the historic architectural style of the area.
In such instances as the Planning Board may determine that structures
adjoining the proposed new construction site are of a significantly
different architectural period, the Planning Board may recommend such
exterior features as it deems appropriate to the site and the overall
objectives of this article.
(3)
Demolition.
(a)
Demolition shall be prohibited in the case of
all designated structures unless the Planning Board is satisfied that
the retention of such structures constitutes a hazard to public safety,
which hazard cannot be eliminated by economic means available to the
owner.
(b)
Demolition shall be prohibited of any designated
structure if the Planning Board shall determine it to be of a particular
architectural or historical significance; provided, however, if such
determination shall constitute a taking of private property, the Planning
Board shall refer such matter to the Village Board with its recommendation
for providing due compensation to the owner of such property which
may include the limitation or remission of taxes. (NOTE: See General
Municipal Law § 96-a, Subdivision 2.)
(4)
Moving of structures of historic or architectural
value may be permitted by the Planning Board as an alternative to
demolition.
(5)
Building permits. The Code Enforcement Official shall
not issue a building permit until a certificate of approval of the
plans has been issued by the Planning Board.
C.
Procedure for review of plans.
(1)
Applications for a building permit to construct, alter,
repair, move, or demolish any designated structure shall be made to
the Code Enforcement Official. The application shall state that the
property is a designated historical structure, and plans shall be
submitted showing the structure in question and also giving its relation
to adjacent structures.
(2)
Upon the filing of such application, the Code Enforcement
Official shall immediately notify the Planning Board and shall transmit
to the Planning Board the application and any supporting plans or
documents. The Planning Board shall consider such application and
shall approve or disapprove the plans and, if it shall approve such
plans, shall issue a certificate of approval and transmit the same
to the Code Enforcement Official.
(3)
If the Planning Board shall disapprove the plans,
it shall so notify the Code Enforcement Official who shall thereupon
deny the application for a permit.
(4)
Nothing in this article shall be construed to prevent
ordinary maintenance or repair of any designated structure.
D.
Appeals. Any person aggrieved by a decision of the
Planning Board or Code Enforcement Official acting under this article
shall have the right to appeal to the Zoning Board of Appeals for
a variance as provided by this chapter.
[Amended 7-8-1996 by L.L. No. 10-1996[1]]
The historic buildings and structures which
are subject to the provisions of this article are hereby designated
as follows:
|
Building or Structure
|
Location
|
|---|---|
|
Millie Michelfelder (Dr. Joll's home) Buffalo
Street
|
S4287 South
|
|
Quaker Meeting House
|
East Quaker Street and Freeman Road
|
|
Old B & O Depot
|
South Buffalo Street
|
|
The Grange Hall
|
North Buffalo Street
|
