[Res. No. 135-90, § 2, 11-27-1990]
There is hereby created a commission to be known as the Olean
Historic Preservation Commission.
[Res. No. 135-90, § 2(a), 11-27-1990]
The historic preservation commission shall consist of nine members
to be appointed, to the extent available in the community, by the
mayor as follows:
(1)
At least one shall be an architect;
(2)
One shall be the city historian;
(3)
One shall be the city attorney;
(4)
Three shall be members of the Olean Historical and Preservation Society;
(5)
Three shall be members of the common council; and
(6)
All members shall have a known interest in historic preservation
and architectural development within the city.
[Res. No. 135-90, § 2(b), 11-27-1990]
Historic preservation commission members shall serve for a term
of three years, except the common council members, the city attorney,
and the city historian shall have a term of two years of appointment,
which shall nevertheless end at the expiration of their term of elective
or appointive office.
[Res. No. 135-90, § 2(c), 11-27-1990]
The chairman and vice-chairman of the historic preservation
commission shall be elected by and from among the members of the commission.
[Res. No. 135-90, § 2(e), 11-27-1990]
The historic preservation commission shall meet at least bi-monthly,
but meetings may be held anytime on the written request of any four
of the commission members or on the call of the chairman or the mayor.
[Res. No. 135-90, § 2(f), 11-27-1990]
A quorum for the transaction of business shall consist of five
of the historic preservation commission’s members.
[Res. No. 135-90, § 2(d), 11-27-1990]
The duties and powers of the historic preservation commission
shall include:
(1)
Promulgating rules and regulations as necessary for the conduct of
business of the commission;
(2)
Establishing criteria for the identification of significant historic,
architectural, and cultural landmarks and monuments and areas of the
city for historic district status;
(3)
Conducting surveys of significant historic, architectural, and cultural
landmarks and historic districts within the city;
(4)
Recommending to the common council the designation of identified
structures as historic landmarks or monuments and areas within the
city for historic district status;
(5)
Increasing public awareness of the value of historic, cultural, and
architectural preservation by developing and participating in public
education programs;
(6)
Making recommendations to the common council concerning the utilization
of state, federal, and private funds to promote the preservation of
landmarks and historic districts within the city; and
(7)
Reviewing and reporting on building permit applications dealing with
designated landmarks, monuments, and historic districts.
[Res. No. 135-90, § 6(c), 11-27-1990]
The historic preservation commission shall review the application
and issue its report within 14 days from the receipt of the completed
application. The commission may 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.
[Res. No. 135-90, § 6(b), 11-27-1990]
The historic preservation commission shall forward notice of
each property designated as a landmark and of the boundaries of each
historic district to the office of the county clerk for recordation,
to the city clerk’s office, and the city building inspector
where it will be available for public inspection.
[Res. No. 135-90, § 6(d), 11-27-1990]
All decisions of the historic preservation commission shall
be in writing. A copy shall be sent to the applicant and the building
inspector.
[Res. No. 135-90, § 7, 11-27-1990]
(a)
Prior to the filing of a building permit regarding the commencement
of any work which might affect the historical nature of a structure
in the city, whether or not it is located in a historic district or
granted landmark or monument status, the owner may file a request
for consultation within the historic preservation commission.
(b)
The request shall contain the following:
(1)
Name, address, and telephone number of the applicant;
(2)
Location and photographs of property;
(3)
Elevation drawings or proposed changes, if available;
(4)
Perspective drawings, including relationship to adjacent properties,
if available;
(5)
Samples of color or materials to be used;
(6)
Where the proposal includes signs or lettering, a scale drawing
showing the type of lettering to be used, all dimensions and colors,
a description of materials to be used, method of illumination, and
a plan showing the sign’s location on the property; and
(7)
Any other information which the commission may deem necessary
in order to visualize the proposed work.
(c)
No building permit shall be issued for such proposed work for 60
days from the filing of the request, or until the property owner and
the commission have reached written agreement on the appropriateness
of the proposed project, whichever event shall occur first.
(d)
All agreements resulting from consultation with the commission shall
be in writing and signed by the chairman of the commission or his
designated representative and the property owner. A copy shall be
filed with the city clerk’s office for public inspection. The
agreement shall state the reasons for deeming a project appropriate
to the particular property involved.
[Res. No. 135-90, § 6(a), 11-27-1990]
Any owner or interested party shall have the right to appeal
the decision of the historic preservation commission to the common
council within 30 days of the commission’s decision. If not
satisfied with the decision of the common council, the owner or interested
party may seek review by the court pursuant to Civil Practice Law
and Rules art. 78 [§ 7801 et seq.] within 40 days of the final
decision of the common council.
