[HISTORY: Adopted by the Town Board of the Town of Elma 7-17-2013 by L.L. No. 2-2013. Amendments noted where applicable.]
It is hereby declared as a matter of public policy that the
protection, enhancement and perpetuation of landmarks and historic
districts are 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 Elma has many significant historic,
architectural and cultural resources, which constitute its heritage,
this chapter is intended to:
A.
Protect and enhance the landmarks and historic districts, which represent
distinctive elements of Elma's historic, architectural, and cultural
heritage;
B.
Foster civic pride in the accomplishments of the past;
C.
Protect and enhance Elma's attractiveness to visitors and the support
and stimulus to the economy thereby provided; and
D.
Insure the harmonious, orderly, and efficient growth and development
of the Town.
[Amended 12-7-2016 by L.L. No. 5-2016]
There is hereby created a commission to be known as the "Elma
Historic Preservation Commission."
A.
The Commission shall consist of seven members to be appointed, to
the extent available in the community, by the Supervisor as follows:
(1)
At least one shall be an architect experienced in working with historic
buildings;
(2)
At least one shall be a historian;
(3)
At least one shall be a resident of an historic district;
(4)
At least one shall have demonstrated significant 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
(5)
All members shall have a known interest in historic preservation
and architectural development within the Town of Elma.
B.
Commission members shall serve for a term of seven years, with the
exception of the initial term of one of the seven members, which shall
be one year, one, which shall be two years, and one, which shall be
three years.
C.
The Chairman of the Commission shall be appointed by the Town Supervisor
and approved by the Town Board in the organization agenda.
D.
The powers of the Commission shall include:
(1)
Employing staff and professional consultants as necessary to carry
out the duties of the Commission;
(2)
Promulgating rules and regulations as necessary to carry out the
duties of the Commission;
(3)
Adopting criteria for the identification of significant historic,
architectural, and cultural landmarks and for the delineation of historic
districts;
(4)
Conducting surveys of significant historic, architectural, and cultural
landmarks and historic districts within the Town;
(5)
Designating identified structures or resources as landmarks and historic
districts;
(6)
Accepting on behalf of the Town government the donation of facade
easements and development rights and the making of recommendations
to the Town government concerning the acquisition of facade easements
or other interests in real property as necessary to carry out the
purposes of this act;
(7)
Increasing public awareness of the value of historic, cultural and
architectural preservation by developing and participating in public
education programs;
(8)
Making recommendations to Town government concerning the utilization
of state, federal or private funds to promote the preservation of
landmarks and historic districts within the Town;
(9)
Recommending acquisition of a landmark structure by the Town government
where its preservation is essential to the purposes of this act and
where private preservation is not feasible; and
(10)
Approving or disapproving of applications for certificates of appropriateness
pursuant to this chapter.
E.
The Commission shall meet at least monthly, but meetings may be held
at any time on the written request of any two of the Commission members
or on the call of the Chairman, the Town Supervisor or the Town Board.
F.
A quorum for the transaction of business shall consist of four of
the Commission's members; not less than four of the full-authorized
membership may grant or deny a certificate of appropriateness.
A.
The Commission 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; or
(2)
Is identified with historic personages; or
(3)
Embodies the distinguishing characteristics of an architectural style;
or
(4)
Is the work of a designer whose work has significantly influenced
an age; or
(5)
Because of unique location or singular physical characteristic, represents
an established and familiar visual feature of the neighborhood.
B.
The Commission may designate a group of properties as an historic
district if it: 1) contains properties which meet one or more of the
criteria for designation of a landmark; and 2) by reason of possessing
such qualities, it constitutes a distinct section of the Town. 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.
C.
Notice of a proposed designation shall be sent by registered mail
to the owner of the property proposed for designation, describing
the property and announcing a public hearing by the Commission to
consider the 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 30 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 Building Inspector 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.
E.
The Commission shall forward notice of each property designated as
a landmark and the boundaries of each designated historic district
to the office of the Erie County Clerk for recordation.
No person shall carry out any exterior alteration, restoration,
reconstruction, demolition, new construction, or moving of a landmark
or property within an historic district, nor shall any person make
any material change in the appearance of such property, its light
fixtures, signs, sidewalks, fences, steps, paving or other exterior
elements which affect the appearance and cohesiveness of the landmark
or historic district, without first obtaining a certificate of appropriateness
from the Historic Preservation Commission.
A.
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. The Commission's
decision shall be based on 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; and
(3)
New construction shall be compatible with the district in which it
is located.
B.
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; and
(5)
The importance of historic, architectural or other features to the
significance of the property.
A.
Prior to the commencement of any work requiring a certificate of
appropriateness, the owner shall file an application for such a certificate
with the Historic Preservation Commission. The application shall contain:
(1)
Name, address and telephone number of applicant;
(2)
Location and photographs of property;
(3)
Elevation drawings of 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.
B.
No building permit shall be issued for such proposed work until a
certificate of appropriateness has first been issued by the Historic
Preservation Commission. 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 of
Elma. Before acting on or forwarding to the appropriate board any
application for a variance, special use permit, site plan, building
permit, demolition permit, sign permit or subdivision, the Building
Inspector shall first consult a current list of all properties designated
as individual landmarks or as contained within historic districts
to determine the requesting property's status.
C.
The Commission shall approve, deny or approve the permit with modifications
within 90 days from 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.
D.
All decisions of the Commission shall be in writing. A copy shall
be sent to the applicant by registered mail and a copy filed with
the Town Clerk's office for public inspection. The Commission's decision
shall state the reasons for denying or modifying any application.
E.
Certificates of appropriateness shall be valid for 12 months, after
which the owner must reapply if he still wishes to undertake work
on the property.
An applicant whose certificate of appropriateness for a proposed
demolition has been denied may apply for relief on the ground 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; and
C.
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
An applicant whose certificate of appropriateness for a proposed
alteration has been denied may apply for relief on the ground of hardship.
In order to prove the existence of hardship, the applicant shall establish
that the property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible.
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 registered mail and a copy 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.
If the application is granted, the Commission shall approve only such
work as is necessary to alleviate the hardship.
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 work is found that is not being performed in accordance with
the certificate of appropriateness, or upon notification of such fact
by the Historic Preservation Commission, 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 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 architectural feature of a
landmark or property within an historic district which does not involve
a change in design, material, color or outward appearance.
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 Historic Preservation Commission, produce a
detrimental effect upon the character of the historic district as
a whole or the life and character of the property itself.
C.
Examples of such deterioration 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 or 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.
[Amended 12-7-2016 by L.L. No. 5-2016]
A.
Failure to comply with any of the provisions of this ordinance shall
be deemed a violation and the violator shall be liable to a fine of
not less than $10 nor more than $3,000 for each day the violation
continues.
B.
Any person who demolishes, alters, constructs, or permits a designated
property to fall into a serious state of disrepair in violation of
this chapter shall be required to restore the property and its site
to its appearance prior to the violation. Any action to enforce this
subsection 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.
Any person aggrieved by a decision of the Historic Preservation
Commission relating to hardship or a certificate of appropriateness
may, within 15 days of the decision, file a written application with
the Town Board for review of the decision. Reviews shall be conducted
based on the same record that was before the Commission and using
the same criteria.
