[HISTORY: Adopted by the Board of Trustees
of the Village of Penn Yan 1-17-1989 as L.L. No. 3-1989 (Ch. 33 of the 1969
Code). Amendments noted where applicable.]
[Amended 1-17-2017 by L.L. No. 1-2017]
The purpose of this chapter is to:
A.
Foster public knowledge, understanding, and appreciation of the beauty
and character of the Village and in the accomplishments of its past;
B.
Ensure the harmonious, orderly and efficient growth and development
of the Village;
C.
Enhance the visual character of the Village by encouraging new design
and construction that complements the Village's historic buildings;
D.
Protect and promote the economic benefits of historic preservation
to the Village, its inhabitants and visitors;
E.
Protect property values in the Village;
F.
Promote and encourage continued private ownership and stewardship
of historic landmarks, buildings and other structures;
G.
Identify, as early as possible, and resolve conflicts between the
preservation of historic landmarks, buildings/structures and potentially
incompatible land uses; and
H.
Conserve valuable resources by ongoing use and maintenance of the
existing structures in the Historic Preservation District.
As used in this chapter, the following terms
shall have the meanings indicated:
An individual appointed, as provided herein, to serve on
the Historic Preservation Commission when requested, to obtain or
maintain a quorum.
[Added 3-15-2011 by L.L. No. 3-2011]
The Code Enforcement Officer of the Village of Penn Yan or
such other person or entity authorized and empowered to enforce the
provisions of the Code of the Village of Penn Yan.
[Added 1-17-2017 by L.L.
No. 1-2017]
The duly appointed Historic Preservation Commission of the
Village of Penn Yan.
[Added 1-17-2017 by L.L.
No. 1-2017]
The Historic Preservation District, to be known as the “Penn
Yan Historic District,” as specifically delineated on a map
which shall be filed in the office of the Clerk of the Village of
Penn Yan.
[Amended 8-18-2009 by L.L. No. 4-2009]
The architectural style and general arrangement of such portion
of the exterior of a structure as is designed to be open to view from
a public way, including the kind, color and texture of building materials
and the type of all windows, doors, lights, sign and other fixtures
appurtenant to such portion.
The condition of a structure where deterioration, intrustion
of water and/or lack of maintenance has resulted in any element or
part of the structure jeopardizing the structural integrity, architectural
features or exterior surfaces thereof, including but not limited to
vertical supports, walls, roofs, horizontal members, chimneys, foundations,
windows or doors.
[Added 1-17-2017 by L.L.
No. 1-2017]
[Amended 8-18-2009 by L.L. No. 4-2009]
A.
The Mayor shall appoint a Historic Preservation Commission composed
of five members and two alternate members in accordance with the following:
[Amended 8-16-2022 by L.L. No. 9-2022]
B.
The Chairperson of the Historic Preservation Commission shall be
appointed by the Mayor annually at the start of each official year
of the Village and shall be a resident of the Penn Yan Historic District.
[Amended 8-16-2022 by L.L. No. 9-2022]
C.
Terms of office; removal for cause.
[Amended 1-17-2017 by L.L. No. 1-2017; 8-16-2022 by L.L. No. 9-2022]
(1)
The
terms of office of the members and alternate members of the Historic
Preservation Commission shall be one year, except that any such term
shall terminate immediately upon the member no longer:
(2)
The
Board of Trustees shall have the power to remove for cause by majority
vote of the entire Board, after public hearing, any member or alternate
member of the Historic Preservation Commission. The member or alternate
member sought to be removed shall:
(a)
Receive at least 10 days' written notice of the hearing;
(b)
Have a right to be heard at such hearing in person and/or by an attorney,
as well as to present relevant evidence;
(c)
Receive in writing the causes alleged to support removal from the
Historic Preservation Commission;
(d)
Receive a written decision within 10 days of completion of the public
hearing and, in the event of removal, containing specificity as to
the causes for removal.
D.
Powers and duties.
[Amended 1-17-2017 by L.L. No. 1-2017]
(1)
General and advisory powers. The Commission shall, from time to time:
(a)
Review any local laws or regulations, including existing landmark
or historic preservation laws or regulations in the Village, and recommend
to the Board of Trustees any appropriate amendments thereto;
(b)
Recommend to the Board of Trustees additional regulations to
be adopted by local law that may be appropriate for the Commission
to conduct its business, consistent with the scope and intent of this
chapter;
(c)
Recommend to the Board of Trustees specific criteria for regulations
to be adopted by local law that identify and catalogue significant
historic landmarks and from time to time advise the Board of Trustees
on suggested changes thereto;
(d)
Maintain an inventory of locally designated historic resources
within the Village and publicize that inventory;
(e)
Recommend to the Board of Trustees additional criteria to be
adopted by local law to be used when evaluating applications for a
certificate of appropriateness;
(f)
Recommend to the Board of Trustees proposals for the acquisition
of preservation easements or other interests in real property;
(g)
Conduct investigations, prepare maps, reports and recommendations
in connection with its advisory authority relating to the planning,
development and administration of the Village historic landmarks,
buildings any other structures and preservation policies, regulations
and local laws as needed;
(h)
Report on matters referred to it by the Board of Trustees. The
Board of Trustees may, by resolution, make a request to the Commission
for a report on any matter or class of matters that impact the municipality's
historic preservation chapter, policies, regulations or administrative
processes before final action is taken thereon by the Board of Trustees
or other office of the Village having final authority over said matter.
The Board of Trustees may further stipulate that final action thereon
shall not be taken until the Commission has submitted its report thereon
or has had a reasonable time, to be fixed by the Board of Trustees
in said resolution, to submit the report.
(2)
Administrative reviews. In accordance with the provisions of this
chapter, the Commission shall:
(a)
Evaluate any application for a certificate of appropriateness;
approve, approve with modifications or deny any proposal for exterior
changes to a designated individual landmark or property within a designated
historic preservation district resulting from any such application;
(b)
Evaluate any application for a certificate of economic hardship;
approve, approve with modifications, or deny any such application;
(c)
Evaluate any application for demolition, removal or relocation
of a structure; approve, approve with modifications or deny any such
application;
(d)
Evaluate, without public hearing, an application for ordinary
maintenance and repair of historic buildings, landmarks or other structures
and approve, approve with modifications or deny any such application;
(e)
Perform such other functions as the Board of Trustees may designate.
(3)
The Commission may designate or advise designation of an historic
district under this historic preservation chapter. Any historic preservation
district is not to be construed as a zoning district under the Village
Code. Nothing contained in this chapter shall be construed as authorizing
the Commission to adopt a law, bylaw or regulation that regulates
or limits the height and bulk of buildings; regulates and determines
the area of lots, courts and/or other open spaces; regulates density
of population; regulates or restricts the locations of trades and
industries; or creates zoning districts for any purpose.
(4)
The total expenditures of said Commission shall not exceed the appropriation
provided by the Board of Trustees together with any public or private
grant funding received by the Village for the Commission to undertake
its duties.
E.
Because of the irreversible nature of demolition and the potential
loss to the community of significant historic structures, the following
shall apply to all applications for demolition:
(2)
The decision of the Commission shall be based on pertinent historical
significance, the economic viability of alternate use of demolition,
the present condition of the structure, public comment, future plans
for the property, the relationship of the affected parcel to its surrounding
parcels and other local factors within the historic district.
F.
In addition to the aforementioned powers, the Historic Preservation
Commission shall, subject to funding approved by the Board of Trustees,
have power to:
(1)
Retain or employ professional consultants, secretaries, clerks or
other such personnel as may be necessary to assist the Historic Preservation
Commission in carrying out its duties.
(2)
Conduct 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 history and/or architectural sites
and buildings.
(4)
Cooperate with and advise the governing body, the Planning Board
and other municipal agencies in matters involving historic and/or
architectural sites and buildings.
(5)
Advise owners of historic buildings of problems of preservation and
restoration.
(6)
Create a three-member subcommittee empowered to issue a certificate
of appropriateness for color or paint changes approved by majority
vote of such provided that no external color of a structure, or any
part thereof, as proposed by an applicant, shall be disapproved by
the commission without an articulated rationale set forth on the record
as to why such color is not suitable for the Penn Yan Historic District.
All decisions made by this committee may be reviewed and reversed
by the Commission at its next regular meeting if acting on a written
appeal by the applicant.
(7)
Designate landmarks and historic districts.
(a)
The commission, subject to the approval of the Village Board,
may designate an individual property as a landmark if it:
[1]
Possesses special character or historic or aesthetic interest
or value as part of the cultural, political, economic or social history
of the locality, region, state or nation;
[2]
Is identified with historic personages;
[3]
Embodies the distinguishing characteristic of an architectural
style;
[4]
Is the work of a designer whose work has significantly influenced
an age; or
[5]
Because of a unique location or singular physical characteristic
represents an established and familiar visual feature of the neighborhood.
(b)
Historic districts.
[1]
The Commission, subject to the approval of the Village Board,
may designate a group of properties as an historic district if such
group of properties contains properties which meet one or more of
the criteria for designating of a landmark and, by reason of possessing
such qualities, constitutes a district section of the village.
[2]
The boundaries of each historic district designated henceforth
shall be specified in detail and shall be filed in writing in the
Village Clerk's Office for public inspection.
(c)
Notice of a proposed designation shall be sent by registered
mail to the owner of the property proposed for designation, describing
the property proposed and announcing a public hearing by the Commission
to consider the designation. Notice of such shall also be published
at least once in a newspaper of general circulation at least 10 days
prior to the date of the public hearing. Once the Commission has issued
notice of a proposed designation, no building permits shall be issued
by the Code Enforcement Officer until the Commission has made its
decision.
(d)
The Commission shall hold a public hearing prior to the designation
of any landmarks or historic district. 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 or historic
district. The record may also contain staff reports, public comments
or other evidence offered outside of the hearing. Minutes of the hearing
shall be taken and kept on file at the Village Clerk's office.
(e)
The Commission shall forward notice of each property designed
as a landmark and of the boundaries of each designated historic district
to the office of the Yates County Clerk for recordation.
G.
Nothing contained in this chapter shall be construed as authorizing
the Historic Preservation Commission, in acting with respect to any
district use or in adopting regulations in relation thereto, to regulate
or limit the height and bulk of buildings; to regulate and determine
the areas of yards, courts and other open spaces; to regulate density
of population; or to regulate and restrict the location of trades
and industries or to create districts for any such purpose.
H.
Except as provided in Subsection G of this section, 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 or use of such improvements, determinations or conditions which are more restrictive than those prescribed or made by or pursuant to other provisions of law application to such activities, work or use.
I.
The Code Enforcement Officer is empowered and authorized to enforce
the provisions of this chapter.
[Added 1-17-2017 by L.L.
No. 1-2017]
[Added 3-15-2011 by L.L. No. 3-2011]
A.
The Board
of Trustees shall appoint two alternate members to the Historic Preservation
Commission. Alternate members may be substituted for one or more members
of the Historic Preservation Commission in the event of a conflict
of interest on the part of such members or in the event of the lack
of a quorum of members of the Historic Preservation Commission. The
substitution of an alternate member shall be made by the Chairperson
of the Historic Preservation Commission, on the record, at the commencement
of each meeting at which such alternate member is substituted.
B.
In the
event of the substitution of an alternate member for the purposes
of providing a quorum for the Historic Preservation Commission, or
in the case of a conflict of interest, such alternate member shall
not participate in any vote taken by the Historic Preservation Commission
unless that alternate member has first fully reviewed all of the records,
documentation and minutes of previous proceedings pertaining to the
matter being voted upon and asserts on the record of the meeting that
such review has occurred.
C.
When designated to substitute for a regular Historic Preservation Commission member, alternate Historic Preservation Commission members shall possess all the powers of a regular member of the Historic Preservation Commission. Such designation shall be entered into the minutes of the initial Historic Preservation Commission meeting at which the substitution is made. An alternate Historic Preservation Commission member may consider and vote on an application made on a date or dates prior to substitution of the alternate Historic Preservation Commission member provided that Subsection B of this section has been complied with.
D.
Any decision or determination of the Historic Preservation Commission which includes the vote of one or more alternate Historic Preservation Commission members shall have equal force and effect as decisions and determinations made solely by a vote of the regular members of the Historic Preservation Commission, provided that Subsection B of this section has been complied with.
E.
All provisions
of law, regulations and policy relating to the training, continuing
education, meeting attendance, compensation, eligibility, vacancy
in office, removal and service which apply to a regular Historic Preservation
Commission member shall apply to alternate members.
F.
In providing
for alternate members to sit in substitution for regular members where
a quorum is lacking for the Historic Preservation Commission, it is
the intent of this section to supersede any applicable provision of
law to the contrary.
A.
Application. This chapter shall apply to all buildings,
structures, outbuildings, walls, fences, steps, topographical features,
earthworks, paving and signs. No changes in any exterior architectural
feature, including but not limited to construction, reconstruction,
alteration, restoration, removal, demolition or painting, 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 in design,
material, color 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 Code Enforcement Officer shall certify 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
Historic Preservation Commission, nor shall any building permits for
such change be issued without such a certificate of appropriateness
having first been issued. The certificate of appropriateness required
by this section shall be in addition to and not in lieu of any building
permit that may be required by any ordinance, local law, code, rule
or regulation of the Village of Penn Yan, New York.
B.
Application for a certificate of appropriateness shall
be made, in writing, in duplicate upon forms prescribed by the Historic
Preservation Commission, to the Historic Preservation Commission and,
depending on the scope of the project, shall contain the following:
(1)
The name, address and telephone number of the applicant.
(2)
The location of the building, structure or land the
exterior architectural features of which are proposed to be changed.
(3)
Plans and elevation of the proposed change.
(4)
Perspective drawings.
(5)
Samples of color or materials to be used for the proposed
change.
(6)
Where a proposed change includes signs or lettering,
a scale drawing showing the 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.
Within a reasonable time after the application is
filed, but in all events within 15 days, Saturdays, Sundays and legal
holidays excluded, after such filing or within such further time as
the applicant may in writing allow, the Historic Preservation Commission
shall determine whether the proposed construction, reconstruction
or alteration of the exterior architectural feature involved will
be appropriate.
B.
In passing upon an application for a certificate of
appropriateness, the Historic Preservation Commission shall not consider
changes to interior spaces, unless they are open to the public, or
to architectural features that are not visible from a public street
or alley. The Commission's decision shall be based upon the following
principles:
(1)
Properties which contribute to the character of the
historic district shall be retained, with their historic features
altered as little as possible.
(2)
Any alteration of existing properties shall be compatible
with their historic character, as well as with the surrounding district.
(3)
New construction shall be compatible with the district
in which it is located.
C.
In applying the principle of compatibility, the Commission
shall consider the following factors:
(1)
The general design, character and appropriateness
to the property of the proposed alteration or new construction.
(2)
The scale of proposed alteration or new construction
in relation to the property itself, surrounding properties and the
neighborhood.
(3)
Texture, materials and color 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.
D.
In denying or modifying a certificate of appropriateness,
the Commission shall state, in writing, the reasons for such denial
or modification.
E.
The Historic Preservation Commission shall provide written notice
of its decision to the applicant within five days of that decision.
In the event of a denial, the notice of decision shall include a full
explanation of the reasons supporting that denial.
[Added 10-16-2018 by L.L.
No. 6-2018]
A.
Any decision of the Historic Preservation Commission
may be appealed to the Board of Trustees of the Village of Penn Yan.
An appeal from a decision of the Board of Trustees shall be pursuant
to Article 78 of the Civil Practice Law and Rules of the State of
New York.
[Amended 8-18-2009 by L.L. No. 4-2009]
B.
Appeals to the Commission based upon hardship.
(1)
An applicant whose certificate of appropriateness
for a proposed demolition or alteration of a building which 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.
(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.
(c)
Efforts to find a purchaser interested in acquiring
the property and preserving it have failed.
(2)
Hardship application procedure.
(a)
After receiving written notification from the
Commission 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 Commission makes a finding that
a hardship exists.
(b)
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.
(c)
The applicant shall consult in good faith with
the Commission, 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 of the Commission shall be in
writing. A copy shall be sent to the applicant by certified mail and
a copy filed with the Village Clerk's office for public inspection.
The Commission's decision shall state the reasons for granting or
denying the hardship application.
[Amended 9-6-1993 by L.L. No. 4-1993]
C.
Appeal to the Board of Trustees.
[Added 10-16-2018 by L.L.
No. 6-2018]
(1)
An appeal to the Board of Trustees shall be made by filing such with
the Village Clerk, with a copy also filed with the Clerk/Secretary
to the Historic Preservation Commission.
(2)
The appeal must be filed within 30 days of the date of the notice
of decision being appealed from.
(3)
The appeal must include the following:
(a)
A clear statement that an appeal is being made from a decision
of the Historic Preservation Commission.
(b)
A copy of the decision being appealed from.
(c)
A statement of the relief that had been sought from the HPC.
(d)
A full recitation of the reasons that the decision of the HPC
should be changed.
(4)
The Village Clerk shall, within five business days of receipt of
the appeal, provide a copy of the entire appeal package to the Clerk/Secretary
of the HPC.
(5)
The Village Clerk shall schedule a hearing before the Board of Trustees
not less than 14 days but no more than 30 days after the filing of
the appeal. Notice of the hearing location, date and time shall be
given to the applicant, by mail, at least 10 days prior to the hearing.
The Village Clerk shall also give notice to the Clerk of the HPC of
said hearing at least 10 days in advance of the hearing.
(6)
At the hearing, the applicant for the appeal shall be permitted to
make a presentation in support of the appeal, be represented by legal
counsel, present documentation in support of the appeal and present
witnesses with expertise on the relevant issues of the appeal.
(7)
The HPC may be represented at the hearing by a member thereof, who
shall be permitted to make a presentation in support of the decision
of the HPC as well as to present expert testimony pertaining to relevant
issues.
(8)
The Board of Trustees shall render a decision on the appeal within
30 days of the conclusion of the hearing. The Village Clerk shall
give written notice of such decision to the applicant within 10 days
of the date of the decision. A copy of such written notice shall be
filed with the Clerk/Secretary of the HPC.
[Amended 8-17-1999 by L.L. No. 4-1999]
All work performed pursuant to a certificate
of appropriateness issued under this chapter shall conform to the
requirements included therein. It shall be the duty of the Code Enforcement
Officer to inspect periodically any such work to ensure compliance.
In the event that work is found that is not being performed in accordance
with the certificate of appropriateness, or if, in the performance
of his duties, the Code Enforcement Officer finds a required certificate
of appropriateness has not been issued, 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 the stop-work order is in effect.
[Amended 1-17-2017 by L.L. No. 1-2017]
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of landmark
or property within an historic district which does not involve a change
in design, material, color or outward appearance.
[Amended 9-6-1993 by L.L. No. 4-1993; 1-17-2017 by L.L. No. 1-2017]
A.
All work performed pursuant to a certificate of appropriateness issued
pursuant to this chapter shall conform to the requirements expressly
stated in the certificate or reasonably implied therefrom. It shall
be the duty of the Code Enforcement Officer (CEO) to periodically
inspect any such work to assure compliance with the certificate and
any applicable code regulations which such CEO is authorized to enforce.
In the event that any requirement specified in the certificate of
appropriateness has not been complied with, the CEO may issue a stop-work
order in accordance with applicable procedures.
B.
No owner or person in possession or control of a property located
in the Historic Preservation District, or otherwise designated as
an historic structure by a state or federal agency, shall demolish,
alter, construct or permit such property to fall into a serious state
of disrepair in the absence of a certificate of appropriateness, a
finding of economic hardship or other approval by the Commission prior
thereto.
C.
The Commission may advise the Code Enforcement Officer of any condition
which appears to be a violation of this chapter. Upon such notification,
the Code Enforcement Officer shall duly investigate and submit a written
report to the Secretary of the Commission within a reasonable time.
D.
Maintenance of structures within the Historic Preservation District,
or otherwise designated historic structures, is required in conformance
with the Property Maintenance Code of the State of New York as well
as the provisions hereof and any other applicable regulations.
E.
Penalties. A violation of this chapter is an offense punishable as
follows:
(1)
First offense: A first conviction for violation of this chapter shall
be punished by a fine not exceeding $250.
(2)
Second offense: A second conviction for violation of this chapter
within five years shall be punishable by a fine not less than $150
nor more than $500 or incarceration for a period not to exceed 10
days, or both such fine and incarceration;
(3)
Third offense. A third or subsequent conviction for violation of
this chapter within five years shall be punishable by a fine of not
less than $250 nor more than $1,000 or incarceration for a period
not to exceed 15 days, or both such fine and incarceration.
(4)
Each week that an alleged violation continues shall be a separate
offense.
(5)
In addition to the penalties prescribed above, such other relief
may be pursued as is available by law.
