Village of Montgomery, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Montgomery 11-17-1986 by L.L. No. 5-1986.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 42.
Unsafe buildings — See Ch. 44.
Zoning — See Ch. 122.
Subdivision regulations — See Ch. A125.
[1]
Editor's Note: This local law also superseded former Ch. 6, Architectural Review Board, adopted 6-4-1974 by L.L. No. 4-1974, as amended.
The Board of Trustees hereby finds that inappropriateness or poor quality of design in the exterior appearance of buildings or land developments adversely affects the desirability of the immediate area and neighboring areas and, by so doing, impairs the stability and value of both improved and unimproved real property in such areas; retards the most appropriate development of such areas; produces degeneration of property in such areas, with attendant deterioration of conditions affecting the health, safety, morals and general welfare of the inhabitants thereof; and creates an improper relationship between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the purpose of this chapter to prevent these and other harmful effects of such exterior appearance of buildings and land developments and thus to promote and protect the health, safety, morals and general welfare of the community. The Board of Trustees further finds that the above-stated concerns significantly affect the areas of the Village listed in the National Register of Historic Places.
[Added 1-16-1996 by L.L. No. 1-1996]
As used in this chapter, the following terms shall have the meanings indicated:
ADJACENT
Abutting; contiguous. For the purposes of this chapter, a lot shall be deemed "adjacent" to a designated district when any part of the property line of such lot touches the boundary line of such designated district. Lots separated from a designated district by a street, road, highway, river or park shall not be deemed to be "adjacent" to said designated district.
ALTERATION
Any change, construction, reconstruction, repair or demolition in the exterior architectural features of any existing building or the construction or placement of any new building on property located within or adjacent to the Village historic districts. Alteration shall include the repair to a building located within the Districts required by normal wear and tear. Any alteration of the interior of any building that does not affect the exterior architectural features of any building subject to this chapter shall not be deemed an alteration.
[Added 10-4-2011 by L.L. No. 5-2011]
BOARD
The Architectural and Historic Review Board of the Village of Montgomery.
BUILDING
A structure with a roof supported by columns or walls.
[Added 10-4-2011 by L.L. No. 5-2011]
BUILDING INSPECTOR
The Building Inspector of the Village of Montgomery or his duly authorized representative.
HISTORIC DISTRICTS
The Academy Hill-Union Street and the Bridge Street Historic Districts of the Village of Montgomery.
[Added 10-4-2011 by L.L. No. 5-2011]
A. 
There is hereby created an Architectural and Historic Review Board, which shall consist of five members who shall serve without compensation. All members of said Board shall be residents of the Village of Montgomery and shall be specially qualified by reason of training or experience in architecture, land development, municipal planning, real estate, landscape architecture or other relevant business or profession or by reason of civic interest and sound judgment to judge the effects of a proposed building or land development upon the desirability, property values and development of surrounding areas. If available, at least one member of said Board of Review shall be a registered architect in the State of New York. The members of said Board of Review shall be appointed by the Board of Trustees. The Chairman and the Secretary of said Board of Review shall be designated by the members of the Board of Trustees annually.
B. 
The terms of office of each member shall be three years, except that the initial appointments of one member shall be for one year, of two members for two years, and of two members for three years. The Board of Trustees shall have the power to remove any member for cause. Vacancies shall be filled by the Board of Trustees for the unexpired term of any member whose place has become vacant.
A. 
Three members of the Architectural and Historic Review Board shall constitute a quorum for the transaction of business.
B. 
Meetings of the Architectural and Historic Review Board shall be held at such time as the Board may determine, or at the call of the Chairman, and must be held within 30 days of receipt of a complete application for a certificate of appropriateness from the Board. All meetings of the Board shall be open to the public and shall be advertised in the official Village newspaper at least five days prior to the meeting if such meeting is not held upon a regularly scheduled meeting night.
[Amended 10-4-2011 by L.L. No. 5-2011]
C. 
The Board shall keep minutes of its proceedings and show the vote of each member upon any question. It shall also keep records of its examinations and official actions.
D. 
The Board may retain a professional architect with knowledge and experience of historic buildings to assist it in carrying out its duties, subject to approval of the Board of Trustees and within budgetary appropriations.
[Amended 10-4-2011 by L.L. No. 5-2011]
E. 
Appropriate markers may be designed for use by the owners of designated structures by the Architectural and Historic Review Board.
F. 
For the purposes of this chapter, "designated structures" and "designated districts" shall mean those structures and districts listed on the National Register of Historic Places, or any historic building, structure or site or prehistoric site that has been proposed by the Committee on the Registers for consideration by the New York State Board of Historic Preservation for a recommendation to the State Historic Offices for nomination for inclusion in said National Register.
A. 
Any owner of a designated structure or of a structure within a designated district who desires to repair the exterior of an existing building or structure has the right to repair with the same material without a certificate of appropriateness. The Architectural and Historic Review Board shall have no control over interior changes in any building or structure as long as no evidence of such change appears on the exterior.
B. 
Extensive change in the exterior design or appearance of a designated structure or of any existing structure or new construction in or adjacent to a designated district shall require a certificate of appropriateness. All applications for such a certificate shall be reviewed and decided upon by the Architectural and Historic Review Board. All applications shall be sufficiently detailed to show that proposed changes, additions, removals or new construction will be in harmony with the existing designated building, structure or district.
C. 
Owners desiring to make alterations to designated structures or to existing structures within a designated district shall design such alterations only in a manner consistent with the historic district guidelines promulgated by resolution of the Board of Trustees, as the same may be amended from time to time.
[Amended 10-4-2011 by L.L. No. 5-2011]
D. 
New structures in or adjacent to a designated district shall harmonize with the general character of the entire designated district. Notwithstanding the above, no new structure shall be required to be a copy of any particular style or architectural period.
E. 
Nothing herein contained shall be construed to require the owner of any presently existing designated structure, or a new structure within a designated district, which is otherwise maintained in conformity with the law, to make any change in the exterior design or appearance of such structure, nor shall it be construed to prohibit the use of modern materials, techniques or methods of construction in the erection of new structures.
F. 
Owners who desire to demolish a designated structure or a structure in a designated district shall obtain a certificate of appropriateness from the Architectural and Historic Review Board. After the granting of such a certificate, a period of 120 days must elapse before a demolition permit can be issued. Anyone who desires to save the structure by suitable means may have this time to determine a fair price by appraisal and to locate a purchaser who will agree not to raze the structure.
G. 
Consideration of tax abatement or reduction in assessment may be recommended to the Board of Trustees and used to promote preservation when justified in the opinion of the Architectural and Historic Review Board.
Every application for a building permit within a designated district in the Village of Montgomery for the construction, reconstruction or alteration of any structure located therein shall be referred by the Building Inspector to the Architectural and Historic Review Board for a certificate of appropriateness. The Building Inspector shall not issue a building permit for such a building or structure unless a certificate of appropriateness has been granted. If the Architectural and Historic Review Board has failed to act on an application for a certificate of appropriateness within 45 days or such longer interval as agreed to by the applicant, then the Building Inspector may issue a building permit.
[1]
Editor’s Note: Former § 6-5, Review of subdivision site plan applications, was repealed 10-4-2011 by L.L. No. 5-2011. This local law also provided for the renumbering of former §§ 6-6 and 6-7 as §§ 6-5 and 6-6, respectively.
[Amended 10-4-2011 by L.L. No. 5-2011]
The Architectural and Historic Review Board shall base its recommendations on the following criteria: No building or structure shall be so detrimental to the desirability, property values or development of the surrounding area as to provide one or more of the harmful effects set forth in § 6-1 by reason of:
A. 
The repeated or adjacent use of identical or nearly identical facades or structures arranged without respect to natural features of terrain or other existing structures, unless said repetition is part of the design concept for a group of buildings arranged in a cluster as approved by the Planning Board.
B. 
The appropriateness of a structure in relation to any other existing structure or for which a permit has been issued or in relation to any other structure included in the same application with respect to one or more of the following features:
(1) 
Cubical contents;
(2) 
Gross floor area;
(3) 
The height of the building or the height of the roof.
(4) 
Other significant design features, such as material or quality of architectural design, roof structures, chimneys, exposed mechanical equipment, service and storage enclosures, signs, landscaping, retaining walls, parking areas, service and loading docks, dividing walls, fences, and lighting posts and standards, provided that a finding of inappropriateness existed to prove beyond reasonable doubt one or more of the harmful effects set forth in §6-1.
[Added 10-4-2011 by L.L. No. 5-2011]
A. 
Any applicant for a proposed alteration to a designated structure who believes that strict compliance with the historic district guidelines will make repairs cost-prohibitive may apply to the Board for relief from such strict compliance on the ground of economic hardship.
B. 
In order to prove the existence of hardship, the applicant must establish, by competent financial evidence, that:
(1) 
The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;
(2) 
All reasonable efforts to find a purchaser interested in acquiring the property and preserving it have failed.
[Amended 10-4-2011 by L.L. No. 5-2011]
Any person aggrieved by a decision of the Architectural and Historic Review Board relating to the granting, modification or denial of a certificate of appropriateness may, within 30 days of the filing of the decision in the Village Clerk's office, file a written appeal to the Board of Trustees for review of said decision.
[Added 10-4-2011 by L.L. No. 5-2011[1]]
Nothing contained in this chapter shall be construed to make it unlawful for any person, without prior issuance of a certificate of appropriateness, to comply with the order or direction of the Building Inspector, Fire Inspector, any court of law or the Board of Trustees, where the alteration, demolition, relocation or removal of a building is ordered or directed for the purpose of immediately remedying conditions determined to be a danger to life, health or property.
[1]
Editor’s Note: This local law also provided for the renumbering of former §§ 6-9 and 6-10 as §§ 6-10 and 6-11, respectively.
Each of the foregoing provisions of this chapter has been adopted in an endeavor to preserve and extend the public welfare by preserving the characteristics of historic and/or architecturally significant structures or districts. In the event that any portion of this chapter shall be determined invalid, such determination shall not affect or result in the invalidity of any other provision contained in this chapter.
In the event that any of the provisions of this chapter shall be in conflict with the provisions of any other local law in the Village of Montgomery, the provisions of this chapter shall control.