[HISTORY: Adopted by the Town Board of the Town of Gates 4-3-2000
by L.L. No. 1-2000. Amendments noted where applicable.]
It is hereby declared as a matter of public policy that the protection,
enhancement and perpetuation of historic landmarks, buildings, structures,
sites and objects is necessary to:
A.
Protect and enhance the historic landmarks, which represent
distinctive elements of Gates' historic, architectural and cultural heritage.
B.
Foster civic pride in the accomplishments of the past.
C.
Protect and enhance the attractiveness of Gates to homebuyers,
visitors, shoppers and residents and thereby provide economic benefits to
the town and its citizens.
D.
Ensure the harmonious, orderly and efficient growth and
development of the Town of Gates.
E.
Stabilize and improve property values in the town.
F.
Foster, encourage and advise the preservation, restoration
and rehabilitation of structures.
There is hereby created a Commission to be known as the "Gates Historic
Preservation Commission" (the "Commission").
A.
The Commission shall consist of five members to be appointed
by the Town Board. Members shall be residents of the Town of Gates and shall
have a known interest in and knowledge of historic preservation and architectural
development within the Town of Gates. Commission members shall serve in a
voluntary capacity.
B.
Commission members shall serve for terms of four years
with the exception that, of the initial term, one member shall be one year,
one member shall be two years, and one member shall be three years. In all
cases, terms shall expire on December 31.
C.
The Chairman and Vice Chairman of the Commission shall
be appointed by the Town Board and shall be members of the Commission. The
Chairman and Vice Chairman of the Commission shall be designated annually
by the Town Board.
[Amended 12-4-2000 by L.L.
No. 3-2000[1]]
[1]
Editor's Note: This local law also redesignated former Subsection
C as Subsection B.
D.
The powers of the Commission shall include:
(1)
Promulgation of rules and regulations as necessary for
the conduct of its business;
(2)
Seeking the advice of professional consultants, as necessary
to carry out the duties of the Commission, subject to Town Board approval;
(3)
Making recommendations to the Town Board regarding the
adoption of criteria for the identification of historic, architectural and
cultural sites and landmarks;
(4)
Conducting surveys of historic, architectural and cultural
sites and landmarks within the town subject to Town Board approval;
(5)
Making recommendations to the Town Board regarding the
designation of identified structures, sites or objects as landmarks;
(6)
Making recommendations to the Town Board concerning the
acquisitions of facade 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,
architectural and cultural preservation by developing and participating in
public education programs;
(8)
Making recommendations to the Town Board concerning the
utilization of state, federal or private funds to promote the preservation
of landmarks within the town;
(9)
Analyzing the feasibility of and recommending the acquisition
of an historic landmark to the Town Board where its preservation is essential
to the purpose of this chapter and where private preservation is not feasible;
(10)
Making recommendations to the Town Board regarding approval
or disapproval of applications for certificates of appropriateness and hardship
applications pursuant to this chapter; and
(11)
Making recommendations to the Zoning Board of Appeals
and Planning Board in relation to applications before those Boards relating
to properties that include landmarks.
E.
The Commission shall meet at least monthly, but meetings
may be held at any time on the written request of any two Commission members
or on the call of the Chairman or Town Supervisor.
F.
A quorum for the transaction of business shall consist
of three of the Commission members.
G.
All voting members shall have inspected the property
concerned before voting on a recommendation regarding a certificate of appropriateness.
H.
Notice of any public hearings required to be held under
the chapter shall be given by publication in the official newspaper of the
town at least five days before the date of such hearing.
A.
The Commission may recommend to the Town Board for final
approval a proposal to designate an individual property, site, structure or
object as a landmark (any property, site, structure or object so designated
is hereinafter referred to as a "landmark") if it:
(1)
Possesses historic value as part of the cultural, political,
economic, architectural or social history of the locality, region, state or
nation;
(2)
Is identified with historic personages;
(3)
Embodies the distinguishing characteristics of an architectural
style;
(4)
Is the work of a significant designer; or
(5)
Because of a unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood.
B.
The Commission may, in proposing designation of a landmark
structure, to include a minimal amount of land surrounding the structure,
including any nearby outbuildings, so as to protect the structure or structures
from undue encroachment. The boundaries of such land shall be dictated by
such features as nearby hedgerows, streams, tree line, streets, maintained
lawn areas and/or property lines.
C.
Notice of proposed designation shall be sent, by certified
mail, to the owner(s) of the property, site or structure describing the proposed
designation and announcing a date, time and place for a public hearing by
the Town Board to consider the designation. Notice of such hearing shall be
published at least once in a newspaper of general circulation at least five
days prior to the date of the public hearing. Once the Commission has issued
a notice of proposed designation, no building or demolition permits shall
be issued by the Building Inspector until the Town Board has made its decision.
D.
The Town Board shall hold a public hearing
prior to designation of any landmark. 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. The record may also contain staff reports,
public comments or other evidence offered outside of the hearing.
E.
The Town Board shall make a determination and shall send
its decision to the property owner or owners affected. It shall also forward
notice of each property designated as a landmark to the Town Clerk who shall
deliver each such notice to the Monroe County Clerk's office for recording.
F.
The owner of any landmark previously designated by the Town Board may request that the Town Board revoke the landmark designation at any time based upon new factual information, not previously considered by the Town Board, that demonstrates it no longer possesses the historic, architectural or cultural significance as outlined under § 107-3A.
No person shall carry out any exterior alteration, restoration, reconstruction,
demolition, new construction or moving of a landmark, nor shall any person
make any material changes in the appearance of such property, its light fixtures,
signs, sidewalks, fences, steps or paving without first obtaining a certificate
of appropriateness from the Town Board. All certificates of appropriateness
will terminate one year after they are granted unless significant work has
commenced on the project. Exterior painting of a structure shall not require
a certificate of appropriateness.
A.
In making a recommendation to the Town Board upon an
application for a certificate of appropriateness, the Commission shall not
consider changes to the interior spaces unless they are open to the public.
The Commission's recommendation shall be based upon the following principles:
B.
In applying the principle of compatibility, the Commission
and Town Board shall consider the following factors:
(1)
The general design, character and appropriateness to
the property of the proposed alteration of new construction.
(2)
The scale of proposed alteration or new construction
in relation to the property itself, surrounding properties and the neighborhood.
(3)
Texture and materials 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, the owner shall file an application for such a certificate
with the Town Board. Such filing is to take place in the Town Building Department
on such forms as may be prepared by the Department, which shall to the extent
possible be integrated with any other application forms required by the Department
for such work. The application shall contain:
(1)
The name, address and telephone number of the applicant;
(2)
The location and photographs of the property;
(3)
Elevation drawings of the proposed changes, if available;
(4)
Perspective drawings, including the relationship to adjacent
properties, if available;
(5)
Samples of materials to be used;
(6)
Where 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, the method of illumination and a plan showing the sign's
location on the property and that the signage is in compliance with the Town
of Gates Sign Ordinance;[1] and
(7)
Any other information which the Town Board 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 Town
Board. The certificate of appropriateness required by this chapter shall be
in addition to and not in lieu of any other building permit that may be required
by any other ordinance of the Town of Gates. Both Zoning and Planning Boards
are hereby directed to implement procedures which will integrate the certificate
of appropriateness application procedure with procedures for obtaining any
other required town approvals. The Historical Preservation Commission shall
make a recommendation to the Town Board and may make recommendations to both
Zoning and Planning Boards in connection with a certificate of appropriateness
granted with respect to any landmark.
C.
The Town Board shall approve, approve with modifications
or deny the application within 30 days from receipt of the completed application.
The Town Board shall 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. The applicant will be required to post a sign provided
by the town notifying the public of the application in the front yard of the
property subject to application for a period of 10 days prior to the scheduled
hearing.
D.
All decisions of the Town Board shall be in writing.
A copy shall be sent to the applicant by first class mail and a copy filed
with the Town Clerk for public inspection. The Town Board's decision shall
state the reasons for its decision.
E.
A fee as set from time to time by the Town Board shall
accompany the application.
An applicant whose certificate of appropriateness for a proposed demolition
has been denied may apply for relief on the grounds 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
or, in the case of a property owned and used for charitable purposes by an
entity certified under Section 501(c)(3) of the Internal Revenue Code, where
the failure to permit demolition would unreasonably interfere with the applicant's
charitable purpose;
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.
Reasonable efforts to fine a purchaser interested in
acquiring the property and preserving it have failed.
Any owner of a landmark whose application for a certificate of appropriateness
for any purpose other than demolition has been denied may apply to the Town
Board for relief on the grounds of hardship. In order to prove the existence
of hardship for a business commercial property, the applicant shall establish
that the property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible. If
the applicant is certified under Section 501(c)(3) of the Internal Revenue
Code, the applicant shall establish that denial of the proposed alteration
would prevent the applicant's charitable purpose.
A.
After receiving written notification from the Town Board
of the denial of a certificate of appropriateness, an applicant may commence
the hardship process. No building permit or demolition permit shall be issued
unless the Town Board makes a finding that a hardship exists.
B.
The Town Board shall 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.
C.
The applicant shall consult in good faith with the Town
Board, 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 on hardship applications shall be in writing.
A copy shall be sent to the applicant by registered mail and a copy filed
at the town Hall for public inspection. The decision shall state the reasons
for granting or denying the hardship application.
All work performed pursuant to a certificate of appropriateness issued
under this chapter shall conform to any requirements included therein. The
Building Inspector and Fire Marshall may 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 appropriateness, or upon notification
of such fact by the Commission, the Building Inspector or the Fire Marshall
may issue a stop-work order, in which case 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 which does not involve a change in design, material or outward
appearance.
B.
No owner or person with an interest in real property
designated as a landmark 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 Commission, produce a detrimental
effect upon the character of the property itself. 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 external chimneys;
(4)
Deterioration or crumbling of exterior stucco or mortar;
(5)
Ineffective waterproofing of exterior walls, roofs or
foundations, including broken windows or doors; and
(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.
C.
The Commission shall advise the Town Board of any landmark which has fallen into a serious state of disrepair. The Town Board may then request that the Director of Public Works review the advice of the Commission and, if he determines such action to be warranted, shall serve a notice of violation on the property owner of any landmark which has fallen into a serious state of disrepair as defined pursuant to § 107-11B by one of the following methods:
(1)
By personal service;
(2)
By certified mail, return receipt requested, addressed
to his or their last known address as shown on the latest completed assessment
roll of the Town of Gates; or
(3)
By the posting of such notice in a conspicuous place
upon the premises affected, and a copy thereof mailed, on the same day it
is posted, addressed to his or their last known address as shown on the latest
completed assessment roll of the Town of Gates, such notice to be sent by
registered mail.
D.
Such notice shall provide that if the owner fails to
cure such violation within the period proscribed for compliance, the Director
of Public Works may cure the violation or cause the violation to be cured
and the owner of the property shall be responsible for the cost of such cure
by the assessment and levy on the real property on which such violation occurred
and the expense so assessed shall constitute a lien and charge on the real
property on which it is levied until paid or otherwise satisfied or discharged
and shall be collected in the same manner and at the same time as other town
charges. Within 30 days of the date of such notice or such lesser period of
time as may be set forth in such notice if the Director of Public Works determines
that an emergency exits, the affected property owner shall either:
E.
Nothing in this chapter shall preclude the town from
enforcing its Property Maintenance Law against owners and/or occupants of
any landmark.
A.
It shall be unlawful for any person, firm or other entity
to construct, alter, repair, demolish or take any other actions with respect
to any landmark in violation of any of the provisions of this chapter or to
fail to comply in any manner with any notice or order of the Director of Public
Works or his designee or Fire Marshall, and any such action or failure to
act shall be deemed a violation and will result in the termination of any
permits issued or any proceedings commenced under the provisions of this chapter.
B.
Whenever there is any violation of this chapter or any
rule or regulation adopted pursuant to this chapter, a violation notice and/or
appearance ticket may be issued to the person, individual, partnership or
corporation owning, operating or maintaining the premises in which such violation
has been noted.
C.
Violation notices shall be in writing; shall identify
the property or premises; shall specify the violation or remedial action to
be taken and shall provide that said violation must be corrected within 30
days from the receipt of said violation notice unless said thirty-day period
shall be modified at the discretion of the enforcement officer issuing such
violation notice, or unless a shorter period of time has been prescribed for
in this chapter.
D.
Violation notices and other orders or notices referred
to in the chapter shall be served on the person(s) or entity(ies) charged
with the violation either personally or by certified mail addressed to the
last known address, if any, of such person or entity, as shown by the last
preceding record of the Receiver of Taxes or in the Office of the County Clerk.
A.
Any person who shall fail to comply with a written notice
of the Director of Public Works or his designee and/or Fire Marshall within
the time fixed for compliance therewith and any owner, builder, tenant, contractor
or subcontractor or their agents, or any other person taking part or assisting
in any construction, alteration or demolition in violation of the applicable
provisions of this chapter or any lawful order, notice, directive, permit
or certificate of the Director of Public Works or his designee and/or Fire
Marshall made thereunder shall be guilty of an offense punishable by a fine
of not more than $250 or by imprisonment for not more than 15 days, or both,
and each day such violation continues shall constitute a separate violation.
The imposition of such penalty shall not be held to prohibit the enforced
removal of prohibited conditions by any appropriate remedy, including immediate
application for an injunction.
B.
An action or proceeding in the name of the Town of Gates,
New York, may be commenced in any court of competent jurisdiction to compel
compliance with or restrain by injunction the violation of any provision of
this chapter, any rule or regulation adopted pursuant to this chapter or a
violation of any order issued under this chapter. Such remedy shall be in
addition to penalties otherwise prescribed by law.
C.
Any person who demolishes, alters, restores or reconstructs
any landmark in violation of this chapter shall be required to restore the
property and its site to its appearance prior to the violation. This civil
remedy shall be in addition to and not in lieu of any criminal prosecution
and penalty.
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 Town of Gates 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.
This chapter shall become effective immediately upon adoption and posting,
publication and filing as required by law. The Town Board may from time to
time amend, supplement, change, modify or repeal this chapter pursuant to
the provisions of the Town Law and General Municipal Law applicable thereto.
Any person aggrieved by a decision of the Town Board relating to landmark
designation, hardship or certificate of appropriateness may, within 30 days
of the decision, file an Article 78 Petition with the New York State Supreme
Court for review of the decision.
