[HISTORY: Adopted by the Town Board of the Town of Schroeppel 2-21-1996 by L.L. No.
1-1996.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law superseded former Ch. 58,
Historic Preservation, adopted 8-1-1988 by L.L. No. 5-1988, as amended.
This chapter may be known and cited as the "Town of Schroeppel
Historic Preservation Law."
The Town Council of the Town of Schroeppel hereby adopts this
chapter of the Code of the Town of Schroeppel as Local Law No. 1 of
1996. This law is adopted pursuant to the authority granted the Town
of Schroeppel in General Municipal Law Article 5-K; and Municipal
Home Rule Law § 10.
It is hereby declared as a matter of public policy that the
protection, enhancement and perpetuation of landmarks and historic
districts is necessary to promote the economic, cultural, educational
and general welfare of the public. Inasmuch as the identity of a people
is founded on its past, and inasmuch as our community has many significant
historic, architectural, historic landscape, archaeological and cultural
resources constituting its heritage still remaining, this chapter
is intended to:
A.
Protect and enhance the landmarks and historic districts which represent
distinctive elements of the community's historic, architectural,
historic landscape, archeological and cultural heritage.
B.
Foster civic pride in the accomplishments of the past.
C.
Protect and enhance the community's attractiveness to visitors
and the support and stimulus to the economy thereby provided.
D.
Ensure the harmonious, orderly and efficient growth and development
of our community.
As used in this chapter, the following terms shall have the
meanings indicated:
A service way providing a secondary means of public access
to abutting property and not intended for general traffic circulation
and extending the full width of the right-of-way.
The Town of Schroeppel Landmarks Board, hereinafter called
the "Board."
A certificate issued by the Board authorizing a material
change of appearance of a landmark or site or structure within an
historic district, subject to other applicable permit requirements.
A determination made by an enforcement agency that circumstances
exist which, if not corrected, constitute a threat to life, health
or safety of the general public or such other persons for whose protection
such regulations were intended. Such determination must be in writing.
The term "enforcement agency" shall refer to any public agency or
official having jurisdiction to issue orders affecting the life, health
and safety of persons within the Town of Schroeppel, including by
way of illustration police, fire, civil defense, health, building
and related code enforcement personnel.
Any exterior structural, ornamental or functional element
of a structure which shall be open to public view, including but not
limited to type, color and texture of building materials, entryways;
fenestration; lighting fixtures, roofing, sculpture and carving; steps,
rails; fencing; vents and other openings; grillework; signs, canopies,
and attachments.
Any building, structure, district, area, site or object,
including the underground and underwater sites, with significance
in the history, architecture, archaeology or culture of the community,
the state or the nation.
An area of the Town of Schroeppel delineated on the Zoning Map which meets some or all of the criteria enumerated in § 58-6 and which, by reason of such factors, constitutes a distinct section and is designated as an "historic district" by the Board.
Any man-made change of a natural site.
Any structural, ornamental or functional element of a structure
located within the interior of a public building or other building
accessible to the general, public, including but not limited to entryways;
lobby area; hallways and corridors; auditoriums and places of public
assembly; galleries and exhibition areas; and interior courtyards.
The structural, ornamental or functional elements referred to herein
shall include but not be limited to type, color and texture of building
materials; lighting fixtures; flooring; ceilings; ornamental woodwork;
moldings and trim; casings; stairs; rails; masonry; paintings and
works of art; sculpture and carving; doors; transoms and sidelights;
fenestration; skylights; and other interior elements.
An historic site, structure or object within the Town of Schroeppel which has been designated as a Landmark by the Board pursuant to § 58-6.
A lot recorded by deed or plat in the Oswego County Clerk's
office.
The treatment of property designated as a landmark or situated
within an historic district, including the land and improvements,
which is described in any of the following categories:
A change in bulk, location or mass of exterior building components,
and, if designated, interior building components, of any structure,
including partial or total demolition or construction of new structures
or additions to existing structures.
A change in the texture or material composition or exterior
building components of a structure.[1]
Any process used to clean or treat exterior or interior building
components of a structure which can reasonably be expected to cause
discoloration, pitting or other change in the surface or durability
of the material being treated, including power blasting, whether or
not involving the use of additives.
Any change in design or location of advertising on the exterior of any structure or sign work as defined by Chapter 95, Zoning.
[Amended 7-16-1997 by L.L. No. 5-1997]
Any activity constituting excavation, modification to land contours
or installation of pavement for parking lots or driveways.
[Amended 7-16-1997 by L.L. No. 5-1997[2]]
Routine repair, replacement or maintenance of electrical
or mechanical installations or of damaged or worn parts of surfaces,
including repainting, landscaping or treatment of flat roof areas
not visible to the general public.
A map representing a tract of land, showing the boundaries
and location of individual lots, streets, roads, and alleys.
An easement or other interest less than a fee interest, in
favor of the Town of Schroeppel in a landmark or a structure in a
district.
Able to be seen from a public street, road, or alley; able
to be seen from a private street, road or alley which is part of an
approved and recorded plat; or the interior building spaces of structures
owned by the municipal, state or federal government that is open to
the public.
A public way for vehicular traffic which affords the principal
access to abutting properties, including the entire width of the right-of-way.
Any contiguous area of land and/or water.
See "Road."
Anything constructed or erected, the use of which requires
location on the ground, or attachment to something located on the
ground.
[1]
Editor's Note: Former Subsection C, which immediately followed this subsection, was repealed 7-16-1997 by L.L. No. 5-1997, which local law also redesignated former Subsections D through G as Subsections C through F.
[2]
Editor's Note: Former Subsection G, which immediately
followed this subsection, was repealed 7-16-1997 by L.L. No. 5-1997.
A.
There is hereby created a Board to be known as the "Town of Schroeppel
Landmarks Board," hereafter called the "Board."
B.
Membership.
(1)
The Board shall consist of nine members to be appointed, to the extent
available in the community, as follows:
(2)
Board members should be sought from the field of architecture, landscape
architecture, archaeology, history, real estate and law or shall have
demonstrated interest in and commitment to the field of historic preservation
evidenced either by involvement in a local historic preservation group,
employment or volunteer activity in the field of historic preservation
or other serious interest in the field; and all members shall have
a known interest in historic preservation and architectural development
within the Town of Schroeppel.
C.
Board members shall serve for a term of four years, with the exception
of the initial term of three members which shall be four years, three
members which shall be three years and three members which shall be
two years.
D.
The Chairman of the Board shall be appointed by the Town Supervisor
and the Town Council.
E.
The Vice Chairman of the Board shall be elected by and from among
the members of the Board.
F.
The powers of the Board shall include:
(1)
Employment of staff and professional consultants as necessary to
carry out the duties of the Board.
(2)
Drafting and adoption of rules and regulations necessary for the
conduct of its business in carrying out provisions, sections and requirements
of this chapter. Copies of such regulations shall be filed with the
Town Clerk and Planning Board.
(3)
Adoption of criteria for the identification of significant historic,
architectural and cultural landmarks and for the delineation of historic
districts.
(4)
Conducting of surveys of significant historic, architectural, historic
landscape, archaeological and cultural landmarks and historic districts
within the Town of Schroeppel.
(5)
Designation of identified sites and structures as landmarks and/or
historic districts.
(6)
Acceptance on behalf of the Town Council of the donation of facade
easements and development rights; the making of recommendations to
the government concerning the acquisition of facade easements or other
interests in real property as necessary to carry out the purpose of
this chapter.
(7)
Increasing public awareness of the value of historic, cultural, historic
landscape, archaeological and architectural 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 and historic districts within the Town of Schroeppel.
(9)
Recommending acquisition of a landmark by the Town Board where its
preservation is essential to the purpose of this chapter where private
preservation is not feasible.
(10)
Formulating and publishing maps, brochures, historic markers or other
materials for landmarks.
(11)
Approval or disapproval of application for certificates of appropriateness
pursuant to this chapter.
(12)
Establishment and maintenance of a local register of locally designated
historic places.
G.
The Board shall meet at least quarterly, but meetings may be held
at any time on the written request of any two of the Board members
or on the call of the Chairman or the Supervisor.
H.
A quorum for the transaction of business shall consist of a simple
majority of the full authorized Board.
A.
Landmark designation. The Board may designate such individual site
or structure as a landmark if it:
(1)
Possesses special character or historic or archaeological or aesthetic
interest or value as part of the cultural, political, economic or
social history of the Town, region, state or nation;
(2)
Is identified with historic persons;
(3)
Embodies the distinguishing characteristics of an architectural style;
or historic landscape style; or human activity;
(4)
Is the work of a designer whose work has significantly influenced
his time; or
(5)
Possesses a unique location or singular physical, characteristic,
represents an established and familiar visual feature of the neighborhood
or region.
B.
Historic district designation. The Board may designate a group of
sites and/or structures as an historic district if the district:
C.
Public hearing. The Board shall hold a public hearing prior to designation
of any landmark or historic district. Notice of such hearing shall
be given in the Town's official newspaper at least 10 days in
advance. Notice of the hearing shall be sent by certified mail to
the owners of all proposed landmarks or land parcels within proposed
historic districts describing the site or structures proposed for
designation. The Commission, owners and any interested parties may
present testimony or documentary evidence at the hearing in order
to establish a record regarding the historic, architectural, historic
landscape, archaeological 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.
D.
Other permits and approvals. Once the Board has issued notice of
a proposed designation, no building permits shall be issued by any
official of the Town of Schroeppel for any site or structure included
in a proposed landmark or historic district until the Commission has
made its decision.
E.
Effective date of designation.
(1)
When the Board designates a landmark at its scheduled meeting, such
designation becomes effective immediately.
F.
Notice and filing of designation.
(1)
The Board shall forward notice of each land parcel designated as
a landmark and of the boundaries of each designated historic district
to the office of the Oswego County Clerk for recordation. There shall
be filed an affidavit of notice of designation into the deed books
for any land parcel containing a designated landmark or land parcels
within an historic district. The affidavit shall contain a statement
that such land parcel contains a local landmark or is a land parcel
within an historic district and is under the protection of this chapter.
(2)
The boundaries of any landmark or 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 district shall
also be entered onto the Zoning Map of the Town of Schroeppel.[1]
[1]
Editor's Note: The Zoning Map is on file in the office
of the Town Clerk.
(3)
Notice shall be given in an announcement in the official newspaper
of the Town. The owner of the designated landmark or land parcel in
an historic district shall be notified of such designation by certified
mail.
A.
No person shall make any of the following changes to a landmark,
or site or structure in an historic district, within public view,
without first obtaining a certificate of appropriateness pursuant
to this chapter:
(1)
A change in bulk, location or mass of exterior building components
and, if designated, interior building components, including partial
or total demolition or construction of new structures or additions
to existing structures.
(2)
A change in the texture or material composition or exterior building
components.
(3)
A change in the color of exterior building components.
(4)
The cleaning or treatment of exterior or interior building components
by any process which can reasonably be expected to cause discoloration,
pitting or other change in the surface or durability of the material
being cleaned or treated, including power blasting, whether or not
involving the use of additives.
(5)
A change in the design or location of advertising on the exterior of any structure or sign work as defined by Chapter 95, Zoning.
(6)
A change to land contours, through excavation or other modifications,
which requires heavy equipment to accomplish.
[Amended 7-16-1997 by L.L. No. 5-1997]
A.
General criteria for approval. The Board's decision on a certificate
of appropriateness shall be based upon the following principles:
(1)
Sites or structures which contribute to the character of the historic
district shall be retained, with their historic features altered as
little as possible.
(2)
Any alternation of existing sites or structures shall be compatible
with its historic character, as well as with the surrounding district
if such site or structure is located within an historic district.
(3)
New construction within historic districts shall be compatible with
the district in which it is located.
B.
Principle of compatibility. In applying the principle of compatibility,
the Board shall consider the following factors:
(1)
The general design, character and appropriateness to the property
of the proposed alternation or new construction.
(2)
The scale of proposed alteration or new construction in relation
to the property itself, surrounding sites and structures and the neighborhood.
(3)
Texture, materials and color and their relation to similar features
of other sites and structures in the neighborhood.
(4)
Visual compatibility with surrounding sites and structures, including:
(a)
Proportion of the property's front facade;
(b)
Proportion and arrangement of windows and other openings within
the facade;
(c)
Roof shape;
(d)
Pattern, spacing and quality of character of open spaces between
structures;
(e)
Pattern and character of front setback spaces on streets and
roads;
(f)
Pattern of entrances to structures and projections which relate
to the sidewalk;
(5)
The importance of historic, architectural or other features to the
significance of the sites and structures being altered;
(6)
Compatibility of the proposed alteration or new construction with
the purposes for which the landmark and/or historic district was designated;
and
(7)
Compatibility of the proposed alteration or new construction with
the Board preservation guidelines.
C.
Inappropriate design. Among other grounds for considering a proposed
design inappropriate are the following:
(1)
Arresting and spectacular effects.
(2)
Violent contrasts of materials or colors and intense or lurid colors.
(3)
A multiplicity or incongruity of details resulting in a restless
and disturbing appearance.
(4)
The absence of unity and coherence in composition not in consonance
with the dignity and character of the present structure or with the
prevailing character of the neighborhood or historic district.
(5)
Since these are very broad guidelines, the Board shall further define
these in its rules and regulations.
A.
Application contents. Prior to the commencement of any work requiring
a certificate of appropriateness pursuant to this chapter, the owner
shall file an application for such a certificate with the Board. The
application shall contain the following:
(1)
Name, address and telephone number of applicant;
(2)
Location and photographs of the sites and structures proposed to
be changed;
(3)
Detailed plans depicting the exact work proposed to be done, drawn
to scale, or showing all dimensions;
(4)
Elevation drawings of proposed exterior changes, if available;
(5)
Perspective drawings, including relationship to adjacent structures,
if available;
(6)
Samples of color or materials to be used;
(7)
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;
(8)
Where the proposal includes new plantings, a plant list;
(9)
Where the proposal includes the changing of any land contours, a
grading plan; and
(10)
Any other information which the Commission may deem necessary in
order to visualize and evaluate the proposed work.
B.
Other permits and approvals. No building permit shall be issued or
approved by any official of the Town of Schroeppel for any site or
structure included in a designated landmark or historic district until
a certificate of appropriateness has first been issued by the Board.
The certificate of appropriateness required by this chapter shall
be in addition to and not in lieu of any building permit that may
be required by any other ordinance of the Town.
C.
Hearing and approval. The Board shall hold a public hearing on the
application, at which time an opportunity will be provided for proponents
and opponents of the application to present their views. Such hearing
may be waived by the Board upon a finding that the size, scale or
nature of the proposed work is of minor significance to the integrity
of the landmark or historic district. The Board shall approve, deny
or approve a completed application with modification within 60 days
from receipt of the completed application from the applicant. Failure
of the Board to render their decision within 60 days shall constitute
acceptance of the application.
[Amended 7-16-1997 by L.L. No. 5-1997]
D.
Decision. All decisions of the Board shall be in writing. A copy
shall be sent to the applicant by certified mail and a copy filed
with the Town Clerk's office for public inspection. The Board's
decision shall state the reasons for denying or modifying any application.
E.
Removing dangerous conditions. Anything to the contrary notwithstanding, where a court or agency orders the removal, alteration or demolition of any improvement on a landmark or in an historic district for the purpose of remedying conditions determined to be dangerous to life, health or safety and such activity would require a certificate of appropriateness pursuant to § 58-7, the following shall apply:
(1)
If such agency determines that the procedures attendant to a certificate
of appropriateness will prevent timely compliance with its order,
the requirement for a certificate of appropriateness shall be considered
waived. Such agency shall, within three days, provide written notification
of its order to the Board, together with a statement of reasons for
the order and a written report of a qualified structural engineer
stating the unusual conditions.
(2)
If such agency determines that the procedures attendant to a certificate
of appropriateness will not prevent timely compliance, a certificate
of appropriateness shall be applied for.
An applicant whose certificate of appropriateness has been denied
may apply for relief from landmark designation or historic district
designation on the grounds that the designation is working a hardship
upon him. 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.
A.
After receiving written notification from the 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 Board makes a finding that a hardship exists.
B.
The Board 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.
Minimum period of sale (only required on demolition applications).
(1)
The owner has a minimum period of time (determined by the Board),
and at a price reasonably related to its fair market value, to make
a bona fide offer to sell such landmark, and the land pertaining thereto,
to any person, firm, corporation government or agency thereof, or
political subdivision or agency thereof which gives reasonable assurance
that it will preserve the building or structure and the land pertaining
thereto as required by this chapter.
(2)
The Board may recommend and require that offers of sale be made in
a reasonable number of specific publications which deal in historic
properties.
D.
Board activities. The Board may take such steps as it deems necessary
to preserve the structure concerned, in accordance with the purposes
of this chapter. Such steps may include, but shall not be limited
to, consultation with civic groups, public agencies and interested
citizens, recommendations for acquisition of property by public or
private groups or agencies and exploration for the possibility of
moving one or more structures or other features if slated for demolition.
E.
The applicant shall consult in good faith with the Board, local preservation
groups and interested parties in a diligent effort to seek an alternative
that will result in preservation of the property.
F.
Within a reasonable amount of time after the filing of all evidence
as required by the above sections, or a maximum of 30 days, the Board
must decide if a hardship exists. All decisions of the Board shall
be in writing. A copy shall be sent to the applicant by certified
mail and a copy filed with the Town Clerk's office for public
inspection. The Board's decision shall state the reasons for
granting or denying the hardship application. If the Board approves
an application for demolition of an historic property, the Board may
require a photographic and a drawing record be made of the property
before a certificate is issued.
All work performed pursuant to a certificate of appropriateness
issued under this chapter shall conform to any requirements included
therein. It shall be the duty of the Building Code Enforcement Officer
to 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 Board, the Building Code Enforcement Officer or the Board
shall issue a stop-work order, and 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 landscape or exterior architectural
feature of a designated landmark; or site or structure within an historic
district which does not involve a change in design, material, color
or outward appearance; nor involve a material change of appearance
per the definitions.
B.
No owner or person with an interest in real property designated as
a landmark or included within an historic district shall permit the
site or structure to fall into a serious state of disrepair so as
to result in the deterioration of any exterior architectural or landscape
feature which would, in the judgment of the Board, produce a detrimental
effect upon the character of the historic district as a whole or the
life and character of the structure itself. Examples of such deterioration
would include:
(1)
Deterioration of exterior walls or other vertical supports.
(2)
Deterioration of roofs or other horizontal members.
(3)
Deterioration of exterior chimneys.
(4)
Deterioration of crumbling of exterior stucco or mortar.
(5)
Ineffective waterproofing of exterior walls, roofs or foundations,
including broken windows or doors.
(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.
A.
It shall be unlawful for any person, firm or corporation to construct,
alter, repair, move, remove, demolish, equip, occupy, change the exterior
appearance of or maintain any building or structure or site or portion
thereof which is located in a duly designated historic district or
landmark hereunder in violation of any provision of this chapter,
or to fail in any manner to comply with a notice, directive or order
of the Building Inspector hereunder or to construct, alter, occupy
or destroy any building or structure or part thereof in a manner not
permitted by certificate of appropriateness properly issued hereunder.
B.
Any person who shall fail to comply with a written order of the Board
or Building Inspector within the time fixed for compliance therewith,
any owner, builder, architect, tenant, contractor, subcontractor,
construction superintendent or his agent or any other person knowingly
taking part or assisting in the violation of any of the applicable
provisions of this chapter or any lawful order, notice, directive,
permit or certificate of the Building Inspector made hereunder shall
be punished by a fine. Each day that a violation continues shall be
deemed a separate violation. In addition to said penalties, the local
government may seek available remedies at law for the irreparable
damage of significant historical or architectural features.
C.
Fine. 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 $250 for each day the violation continues and/or
imprisonment of not more than 15 days, or both such fine and imprisonment.
D.
Any person who demolishes, alters or constructs in violation of this
chapter shall be required to restore the building and its site to
its original appearance prior to the violation. Any action to enforce
this chapter shall be brought by the Town Attorney. This civil remedy
shall be in addition to and not in lieu of any criminal prosecution
and penalty.
E.
Appropriate actions and proceedings may be taken at law or in equity
to prevent unlawful construction or demolition or to restrain, correct
or abate a violation of the provisions above or to prevent acts, conduct
or business declared illegal in this chapter, and these remedies shall
be in addition to the penalties prescribed above.
A.
The Town Council shall utilize the same review criteria and the rules and procedures and policies adopted by the Board per § 58-5.
B.
Any person aggrieved by a decision of the Board relating to designation, hardship or a certificate of appropriateness after having been denied by the Board under §§ 58-10 and 58-11, may, within 15 days of the Board's decision, file a written application with the Town Council for review of the decision. Such review must be completed within 60 days.
C.
Only the Town Council, under whose legal jurisdiction the landmark
or historic district lies, shall review the decision of the Board.
D.
The decision of the Town Council in its review shall be filed in
writing with the Board. Such decision shall take effect at the time
of filing.
