[HISTORY: Adopted by the Town Board of the
Town of Seneca Falls 10-1-2013 by L.L. No. 3-2014; amended in its entirety 8-4-2015 by L.L. No. 1-2015. Subsequent amendments noted where applicable.]
The purpose of this chapter is to promote the
educational, cultural, economic and general welfare of the public
through the protection, enhancement, perpetuation and preservation
of the properties designated as historic. The Town Board declares
that it is a public purpose to ensure that the distinctive and historical
character of properties designated as historic shall not be injuriously
affected, that the value to the community of those properties having
architectural and historical worth shall not be impaired and that
said properties designated as historic be maintained and preserved
to promote their use for the education, pleasure and welfare of the
citizens of the Town of Seneca Falls, New York, and others.
As used in this chapter, the following terms shall have the
meanings indicated:
The official form issued by the Town Heritage Preservation
Commission stating that the proposed work on a designated historic
landmark is compatible with the historic character of the property
and thus in accordance with the provisions of this chapter and therefore:
The architectural style and general arrangement of such portion
of the exterior of a designated property as is designed to be open
to view from the public way, including kind, color and texture of
building materials, type of all windows, doors, lights, signs and
other fixtures appurtenant to such portion.
Hardship exists when:
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible.
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.
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
An area designated as an historic district by this historic
preservation local law, and which contains within definable geographic
boundaries a significant concentration, linkage or continuity of sites,
buildings, structures, or objects united historically or aesthetically
by plan or physical development.
Any building, structure, object, or site that has been designated as a "landmark" by this historic preservation local law, pursuant to procedures described in § 173-4 that is worthy of preservation, restoration or rehabilitation because of its historic or architectural significance.
A.
Scope. This chapter shall apply to all buildings, structures, outbuildings,
walls, fences, steps and signs. No changes in any exterior architectural
feature, including but not limited to construction, reconstructions,
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 of a designated property 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 Building Inspector shall certify is required by public safety
because of dangerous or unsafe conditions.
A.
Landmarks.
(1)
Upon recommendation by the Heritage Preservation Commission, the
Town Board may designate an individual property as a landmark by resolution
if it:
(a)
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;
(b)
Is identified with historic personages;
(c)
Embodies the distinguishing characteristics of an architectural
style;
(d)
Is the work of a designer whose work has significantly influenced
an age; or
(e)
Because of a unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood.
(2)
The boundaries of each landmark shall be specified in detail with
reference to the Tax Map identification number and shall be filed,
in writing, in the Town Clerk's office and there made available
for review by the public.
B.
Historic districts.
(1)
Upon recommendation by the Heritage Preservation Commission, the
Town Board, by resolution, may designate a group of properties as
an historic district if the majority of properties therein:
(a)
Contains properties which meet one or more of the criteria for
designation of a landmark and which may have within its boundaries
other properties or structures that, while not of such historic and/or
architectural significance to be designated landmarks, nevertheless
contribute to the overall visual characteristics of the landmark or
landmarks located within the historic district; and
(b)
By reason of possessing such qualities, constitutes a distinct
section of the Town.
(2)
The boundaries of each historic district designated henceforth shall
be specified in detail and shall be filed, in writing, in the Town
Clerk's office for public inspection. The Commission shall forward
notice of each property designated as a landmark and of the boundaries
of each designated historic district to the office of the Seneca County
Clerk for recordation.
C.
Notice of a proposed designation shall be sent by certified mail
to the owner of the property proposed for designation, describing
the property proposed and announcing a public hearing by the Commission
to consider designation. Where the proposed designation involves so
many owners that individual notice is infeasible, notice may instead
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 zoning, demolition
or building permits shall be issued except through the certificate
of appropriateness process outlined in this chapter, until the Commission
has made its decision.
D.
The Commission shall hold a public hearing prior to designation of
any landmark 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.
A.
Notwithstanding any inconsistent ordinance, local law, code, rule
or regulation concerning the issuance of zoning, demolition or building
permits, no change in any exterior architectural feature of a designated
property shall be commenced without a certificate of appropriateness
from the Seneca Falls Heritage Preservation Commission, nor shall
any zoning, demolition or 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 zoning permit that may
be required by any ordinance, local law, code, rule or regulation
of the Town of Seneca Falls, New York.
B.
Application for a certificate of appropriateness shall be made, in
writing, upon forms prescribed by the Seneca Falls Heritage Preservation
Commission, to the Seneca Falls Heritage 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 designated property the exterior architectural
features of which are proposed to be changed.
(3)
Plans and elevations of the proposed change.
(4)
Perspective drawing.
(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 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 the building or property.
A.
An application for a certificate of appropriateness will be considered
by the Seneca Falls Heritage Preservation Commission at the meeting
immediately following the filing of a completed application or within
such time as the applicant may allow in writing, but in all events
within 30 business days after regularly scheduled monthly meetings;
provided that the application is filed at least five business days
in advance of the scheduled Seneca Falls Heritage Preservation Commission
meeting, thus providing sufficient opportunity for the Seneca Falls
Heritage Preservation Commission to perform a site review of the property.
After completing a site review of the property, the Seneca Falls Heritage
Preservation Commission shall determine whether the proposed construction,
reconstruction or alteration of the external property feature involved
will be appropriate to the preservation of the designated properties
for the purposes of this chapter. Said site review may be performed
by individual members of the Seneca Falls Heritage Preservation Commission
or by a site review committee designated by the Seneca Falls Heritage
Preservation Commission. In passing upon appropriateness, the Seneca
Falls Heritage Preservation Commission shall consider, in addition
to any other pertinent factors, the historical and architectural value
and significance, architectural style, general design, arrangement,
texture, material and color of the exterior feature involved and the
relationship thereof to the exterior features involved and the relationship
thereof to the exterior features of other properties in the immediate
neighborhood. In denying or modifying a certificate of appropriateness,
the Commission shall state the reasons for such denial or modification.
B.
All decisions of the Commission are to be based on the provision
contained in the Guidelines and Standards Manual adopted and amended,
from time to time, by resolution of the Town Board, in addition to
the provisions contained in this chapter.
C.
In the event that the Commission fails to take some action on the
application within 30 business days of its submission in proper form,
except when agreed upon by both parties, the applicant may proceed
with approval.
A.
An applicant whose certificate of appropriateness for a proposed
demolition or alteration has been denied may apply for relief on the
grounds of hardship, as defined previously in this chapter, provided
a hardship exists based on these grounds.
B.
Hardship application procedure.
(1)
After receiving written notification from the Commission of the denial
of a certificate of appropriateness, an applicant may commence the
hardship process. No zoning, building or demolition permit shall be
issued unless the Commission makes a finding that a hardship exists.
(2)
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.
(3)
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.
(4)
All decisions of the Commission shall be in writing. A copy shall
be sent to the applicant by certified mail and a copy of the minutes
shall be filed with the Town Clerk's office for public inspection.
The Commission's decision shall state the reasons for granting
or denying the hardship application.
A.
Demolition of an individual landmark or of a structure located in
and contributing to the significance of a historic district shall
be allowed only in case of economic hardship, unless the Building
Department, upon due deliberation, has made an express written finding
that the structure presents an imminent threat to the public health,
safety and welfare.
B.
Any person desiring to demolish a designated historic building shall
first file an application for an historic building demolition permit
with the Building Department and an application for such certificate
with the Commission. An applicant must submit the following terms:
(1)
Current level of economic return;
(2)
Amount paid for the property, date of purchase, party from whom purchased,
and relationship between the owner of record, the applicant, and person
from whom property was purchased;
(3)
Annual gross and net income from the property for the previous three
years; itemized operating and maintenance expenses for the previous
three years; and depreciation, deduction and annual cash flow before
and after debt service, if any, during the same period;
(4)
Remaining balance on the mortgage or other financing secured by the
property and annual debt-service, if any, during the prior three years;
(5)
Real estate taxes for the previous four years and assessed value
of the property according to the two most recent assessed valuations;
(6)
All appraisals obtained within the last two years by the owner or
applicant in connection with the purchase, financing, or ownership
of the property;
(7)
Form of ownership or operation of the property, whether sole proprietorship,
for-profit or not-for-profit corporation, limited partnership, joint
venture, or other;
(8)
Any state or federal income tax returns relating to the property
for the last two years;
(9)
Any listing of property for sale or rent, price asked, and offers
received, if any, within the previous two years, including testimony
and relevant documents regarding:
(10)
Feasibility of alternative uses for the property that could
earn a reasonable economic return;
(11)
Report from a licensed engineer or architect with experience
in rehabilitation as to the structural soundness of any buildings
on the property and their suitability for rehabilitation;
(12)
Cost estimated for the proposed construction, alteration, demolition,
or removal, and an estimate of any additional cost that would be incurred
to comply with the requirements for a certificate of appropriateness;
(14)
Expert testimony or opinion on the feasibility of rehabilitation
or reuse of the existing structure by an architect, developer, real
estate consultant, appraiser, and/or other real estate professional
experienced in historic properties and rehabilitation;
(15)
Any evidence of self-created hardship through deliberate neglect
or inadequate maintenance of the property; and
(16)
Economic incentives and/or funding available to the applicant
through federal, state, city, or private programs.
C.
Demolition of any such building may be approved only in connection
with approval of a replacement project.
D.
The Commission shall hold a public hearing and shall take one of
the following actions:
E.
During the continuance period, the Commission may investigate relocation
of the building (on site) or modification of the building for future
uses in a way which preserves the architectural and historical integrity
of the building.
A.
Certificate of appropriateness for the demolition, removal or relocation.
An applicant whose certificate of appropriateness for a property demolition,
removal or relocation of a landmark, resource or property has been
denied may apply for relief on the ground of economic hardship. In
order to prove the existence of economic hardship sufficient to justify
demolition, removal, or relocation, the applicant shall establish
that the denial of a certificate of appropriateness will prevent the
property owner from earning a reasonable return on investment, regardless
of whether that return represents the most profitable return possible.
B.
Certificate of appropriateness for demolition.
(1)
The applicant for a certificate of appropriateness for demolition
must establish, to the Commission's satisfaction, an imminent
plan for reuse or redevelopment of the affected property. The applicant
for an income-producing property shall establish that:
(a)
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible;
and
(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)
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
(2)
In deciding upon such application for removal, relocation or demolition,
the Commission may consider whether the owner has created his or her
own hardship through waste or neglect, thereby permitting the property
to fall into a serious state of disrepair.
C.
Before making a determination regarding the removal, relocation or
demolition of an individual landmark or structure within an historic
district, the Commission may suspend the application for up to 180
days to allow the applicant to consult in good faith with the Commission,
local preservation groups, and the public in a diligent effort to
seek a less intrusive alternative to demolition.
Any person aggrieved by a decision of the Seneca Falls Heritage
Preservation Commission relating to a certificate of economic hardship
or a certificate of appropriateness may, within 15 days of the decision,
file a written appeal to the Zoning Board of Appeals for review of
the decision. Appellate review shall be based on the same record that
was before the Commission and using the same criteria in this chapter.
Appeals of decisions of the Zoning Board of Appeals as aforesaid will
be made pursuant to Article 78 of the Civil Practice Law and Rules.
A.
In its review to determine that demolition by neglect is occurring and upon consultation with the Town Zoning/Code Enforcement Officer, the Commission shall consider all of the data represented and the Heritage Preservation Commission's guidelines and shall also attempt to confer with the owner or person in charge of the real property concerned. It shall also review any communication it shall receive which indicates that demolition by neglect is or may be occurring in any landmark or historic district. In the event that the Commission finds that such demolition is or may be taking place, it shall direct a letter to the Zoning/Code Enforcement Office to notify the owner or person in charge of this finding, stating the reasons therefor and requesting that the owner or person in charge immediately take appropriate steps to cause such demolition to cease, and to confer with the Commission in connection therewith. Should the owner or person in charge fail to satisfy the Commission that all necessary steps are or will be promptly taken, the Commission shall request the Zoning/Code Enforcement Officer to notify the Town Attorney and request the consideration of the proceedings pursuant to § 173-13 hereof.
B.
No owner or person with an interest in real property designated as
a landmark or included within an historic district 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 Heritage Preservation Commission, produce a
detrimental effect upon the character of the property itself.
(1)
Examples of such deterioration include:
(a)
Deterioration of exterior walls or other vertical supports.
(b)
Deterioration of roofs or other horizontal members.
(c)
Deterioration of exterior chimneys.
(d)
Deterioration or crumbling of exterior stucco or mortar.
(e)
Ineffective waterproofing of exterior walls, roofs or foundations,
including broken windows or doors.
(f)
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.
(2)
Interior structural members shall be protected and maintained to
resist and prevent deterioration.
(3)
Unheated attics, spaces below flat roofs and crawl spaces shall be
ventilated to minimize deterioration.
(4)
Interior and exterior chimneys and flues shall be maintained safe,
sound and smoke-tight.
(5)
Interior ceilings, walls, floors and stairways shall be maintained
in a safe and sound condition.
All work performed pursuant to a certificate of appropriateness
issued under this chapter shall conform to any requirements included
therein. In the event that work is found that is not being performed
in accordance with the certificate appropriateness or upon notification
of such fact by the Seneca Falls Heritage Preservation Commission,
the Zoning/Code Enforcement Officer shall enforce the requirements
of the certificate of appropriateness.
Failure to comply with any of the provisions of this chapter
shall be deemed a violation, and the violator shall be liable to a
fine of not more than $500 or imprisonment of not more than 15 days,
or both. Each day such violation continues shall constitute a separate
violation.
