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:
ALLEY
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.
BOARD
The Town of Schroeppel Landmarks Board, hereinafter called
the "Board."
CERTIFICATE OF APPROPRIATENESS
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.
DANGEROUS CONDITIONS
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.
EXTERIOR BUILDING COMPONENT
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.
HISTORIC AND CULTURAL RESOURCES
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.
HISTORIC DISTRICT
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.
INTERIOR BUILDING COMPONENT
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.
LANDMARK
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.
LAND PARCEL
A lot recorded by deed or plat in the Oswego County Clerk's
office.
MATERIAL CHANGE OF APPEARANCE
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.
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.
B.
A change in the texture or material composition or exterior
building components of a structure.
C.
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.
D.
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]
E.
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]
ORDINARY MAINTENANCE OR REPAIR
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.
PLAT
A map representing a tract of land, showing the boundaries
and location of individual lots, streets, roads, and alleys.
PRESERVATION RESTRICTION
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.
PUBLIC VIEW, WITHIN
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.
ROAD
A public way for vehicular traffic which affords the principal
access to abutting properties, including the entire width of the right-of-way.
SITE
Any contiguous area of land and/or water.
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground, or attachment to something located on the
ground.
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.
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.