[HISTORY: Adopted by the Town Board of the Town of Grand
Island 11-16-2015 by L.L. No. 14-2015. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 407.
This chapter shall be Chapter 180 of the Code of the Town of Grand Island and may be cited as the "Historic Preservation Law of the Town of Grand Island."
In accordance with § 96-a of the General Municipal
Law of the State of New York entitled "Protection of Historical Places,
Buildings, and Works of Art," and Article 5-k of the General Municipal
Law of the State of New York entitled "Historic Preservation," the
Town Board of the Town of Grand Island has authority to provide by
local law, regulations, special conditions and restrictions for the
protection, enhancement, perpetuation, and the use of places, districts,
buildings, structures, works of art, and other objects having special
character or special historical or other aesthetic interest or value.
Pursuant to the aforesaid authority, the Town Board prepared and adopted
this chapter setting forth standards to be followed in historic preservation.
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 in its past, and inasmuch as Grand Island has many significant
historic, architectural and cultural resources which constitute its
heritage, this act is intended to:
A.
Protect and enhance the landmarks and historic districts which represent
distinctive elements of Grand Island's historic, architectural, and
cultural heritage;
B.
Foster civic pride in the accomplishments of the past;
C.
Protect and enhance Grand Island's attractiveness to visitors and
support and stimulate the Town's economy; and
D.
Insure the harmonious, orderly, and efficient growth and development
of the Town.
The following terms and phrases shall mean and include:
Conversion of a building originally designed for a certain
purpose to a different purpose, or relocation of a building from the
original site of construction.
To change one or more significant exterior architectural
feature(s) of a landmark, an improvement on a landmark or a structure
within an historic district.
Any structure or part thereof having a roof supported by
columns or walls for the shelter or enclosure of persons or property.
A certificate issued by the Town Board upon the recommendation
of the Historic Preservation Advisory Board approving plans for alteration,
construction, relocation, removal, or demolition of a landmark, an
improvement to a landmark, or a structure within an historic district.
The Code Enforcement Officer of the Town of Grand Island.
Building an addition or making an alteration to an existing
structure or building a new principal or accessory structure.
Destruction of a building, structure, or improvement.
Architectural style, design, general arrangement, and components
of the outer surfaces of an improvement, building or structure, including
but not limited to the kind and texture of building material and the
type and style of windows, doors, signs, and other such exterior fixtures,
and as distinguished from the interior surfaces.
The exterior of a building or structure that can be viewed.
A geographically definable area so designated pursuant to
this Code.
The Town of Grand Island Historic Preservation Advisory Board.
Any building, structure, place, parking facility, fence,
gate, wall, work of art, or other object constituting a physical betterment,
or any part thereof.
Property, object, structure, or natural feature of any part
thereof so designated pursuant to this Code.
A person, firm, or corporation which owns the fee of property
or a lessor state therein, a mortgagee or vendee in possession, a
receiver, an administrator, an executor, a trustee or any other person,
firm, or corporation in control of property.
Retention of essential character of an improvement, object,
building, natural feature, or structure as embodied in its existing
form, integrity, and material. This term includes the retention of
trees, landscaping, and vegetative cover of a landmark or historic
district. This term may include temporary stabilization work as well
as ongoing maintenance of historic building materials.
Land and improvements thereon.
Reproduction of the exact form and detail of a vanished building,
structure, improvement, or part thereof as it appeared at a specific
time.
Repair or alteration that enables buildings, structures or
improvements to be efficiently utilized while preserving those features
of buildings, structures or improvements that are significant to their
historic, architectural or cultural values.
Recovery of the form and details of a building, structure
or improvement and its site during a particular time.
A plot or parcel of land.
Anything constructed or erected which requires permanent
or temporary location on the ground. This term shall include but not
be limited to buildings, walls, fences, signs, billboards, lighting
fixtures, screen enclosures, and works of art.
The Town of Grand Island, County of Erie, State of New York.
The Town Board of the Town of Grand Island, County of Erie,
State of New York.
The Town of Grand Island Town Clerk.
[Amended 6-4-2020 by L.L. No. 3-2020]
A.
There is hereby created a volunteer advisory board to be known as
the "Town of Grand Island Historic Preservation Advisory Board."
B.
The Advisory Board shall consist of seven members and up to two alternate members. The Town of Grand Island shall be the primary residence of each Advisory Board member. Advisory Board members (except for the alternate, Town Historian, and Historical Society members referenced in § 180-5E below) shall serve a term of four years.
C.
Up to two alternate members shall each serve a term of two years
and be subject to the following provisions:
(1)
If a regular member of the Advisory Board is absent or unable to
participate on a matter before the Advisory Board, the Chairman shall
designate an alternate member to serve in that member's place. Such
designation shall be reflected in the minutes of the meeting(s) at
which the substitution is made.
(2)
When an alternate member is designated to serve, he or she shall
serve with the same powers and responsibilities of a regular member
of the Advisory Board.
(3)
Alternate members shall regularly attend the scheduled meetings of
the Historic Preservation Advisory Board in order to ensure that,
should the need arise for an alternate to be designated, such alternates
are familiar with actions before the Advisory Board.
(4)
Alternate members shall serve without compensation.
(5)
All provisions related to eligibility, vacancy, removal, and other
provisions of state or local law applicable to regular members of
the Advisory Board shall be equally applicable to alternate members.
D.
Appointment of Advisory Board members and up to two alternate members
shall be made by the Town Board.
E.
To the extent available in the Town of Grand Island, the Advisory
Board should consist of the following:
(1)
All members shall have a known interest in, and shall have demonstrated
significant interest 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.
(2)
At least one member shall be the Town Historian, appointed annually.
(3)
At least two members shall be representatives of the Grand Island
Historical Society, who shall serve two-year terms.
F.
The Chairperson and Vice Chairperson shall be elected by and from
voting members of the Advisory Board. The term of office shall be
two years. If the Chairperson or Vice Chairperson cannot fulfill his
or her term of office, a successor shall be elected by and from the
membership of the Advisory Board to fulfill the remainder of the term
until the next regular election.
G.
If any Advisory Board member shall resign or otherwise cannot fulfill
his or her term of office, the Town Board shall appoint an interim
member to serve the remainder of the term.
H.
The powers of the Advisory Board shall include:
(1)
To recommend designation of landmarks and historic districts to the
Town Board for its consideration.
(2)
To advise and recommend to the Town Board on matters of professional
consultants as necessary to carry out the duties of the Advisory Board.
(3)
To recommend rules and regulations as necessary for the conduct of
its business.
(4)
To recommend criteria to the Town Board for the identification of
significant historic, architectural, and cultural landmarks and/or
for the delineation of historic districts.
(5)
To collect and evaluate information about significant historic, architectural,
and cultural landmarks within the Town.
(6)
To make recommendations to the Town Board on acceptance or donation
of facade easements and development rights and the acquisition of
facade easements and development rights or other interests in real
property as necessary to carry out the purposes of this chapter.
(7)
To increase public awareness of the value of historic, cultural and
architectural preservation by developing and participating in education
programs.
(8)
To make 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.
(9)
To recommend acquisition of a landmark or structure by the Town where
its preservation is essential to the purposes of this chapter and
where private preservation is not feasible.
(10)
To recommend approval or disapproval of applications for certificates
of appropriateness, subject to review by the Code Enforcement Officer,
to the Town Board.
I.
The Advisory Board shall meet at least monthly if any business is
pending. Meetings may be held at any time on the written request of
any two Advisory Board members. The Advisory Board must meet at least
once quarterly.
J.
A quorum for the transaction of business shall consist of a majority
of the Advisory Board members, but not less than a majority of the
full membership may recommend a grant or denial of a certificate of
appropriateness to the Town Board.
A.
The Advisory Board may, with the property owner's approval, recommend
designation of an individual property as a landmark, subject to Town
Board approval, 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, individual(s) or people;
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 characteristics,
represents an established and familiar visual feature of the neighborhood.
B.
The Advisory Board may, with the property owner's approval, recommend
designation of a group of properties as an historic district, subject
to Town Board approval, if it:
C.
The boundaries of each proposed historic district designated henceforth
shall be specified in detail and shall be filed in writing in the
Town Clerk's office for public inspection.
D.
Notice of a proposed designation shall be sent by the Town Clerk
30 days prior to a public hearing to the owner(s) of any property(ies)
proposed for historic designation. The notice shall describe the property
proposed for designation, summarize the proposed action, and announce
the date, time and location of the public hearing. A copy of the notice
of proposed designation shall also be sent to the Town Board.
E.
Once the Town Board has issued a notice of a proposed designation,
upon the recommendation of the Historic Preservation Advisory Board,
no building permits shall be issued by the Code Enforcement Officer
except for emergency repairs until a final determination on the proposed
designation has been reached. The Historic Preservation Advisory Board
shall provide a copy of any notice of proposed designation to the
Code Enforcement Officer.
F.
Notice of proposed designation shall also be sent to the Town of
Grand Island Highway Department, Town of Grand Island Engineering
Department, Town of Grand Island Planning Board, Town of Grand Island
Assessor's Department, and any other Town Department and/or county
or state agency as appropriate. Each department/agency shall be given
30 days from the date of the transmission to provide comments on the
proposed designation to the Historic Preservation Advisory Board.
G.
The Advisory Board shall hold a public hearing prior to recommending
designation of any landmark or historic district. The Advisory Board,
property owner 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 public hearing notice must be published by the Town
Clerk in the Town's designated official newspaper at least 15 days
prior to the hearing date.
H.
The Advisory Board will recommend to the Town Board the designation
of a landmark or historic district. The Town Board will also conduct
a public hearing prior to acting on the recommendation of the Advisory
Board.
I.
The Advisory Board shall file notice of each property designated
as a landmark and of the boundaries of each designated historic district
with the Erie County Clerk's office, the Town of Grand Island Clerk's
office, the Town of Grand Island Code Enforcement Department, the
Town of Grand Island Planning Board, the Town of Grand Island Highway
Department, the Town of Grand Island Engineering Department, and the
Town of Grand Island Assessor's Department.
No person shall carry out any exterior alteration, restoration,
reconstruction, demolition, new construction, or moving of a landmark
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 Town Board as recommended by the Historic Preservation Advisory
Board.
A.
In passing upon an application for a certificate of appropriateness
for recommendation to the Town Board, the Historic Preservation Advisory
Board shall not consider changes to the interior of buildings.
B.
The Advisory Board's decisions shall be based upon the following
principles:
(1)
Features which contribute to the character of the landmark or historic
district shall be retained with as little alteration as possible;
(2)
Any alteration of existing features shall be compatible with its
historic character as well as with the surrounding property; and
(3)
New construction shall be compatible with the property in which it
is located and/or surrounding historic district.
C.
In applying the principle of compatibility, the Advisory Board 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 itself, surrounding properties, and the neighborhood;
(3)
Texture, materials, and color and their relation to the property
itself, surrounding properties, and the neighborhood;
(4)
Visual compatibility with surrounding properties, including proportion
of the property's 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;
(5)
The importance of historic, architectural or other features to the
significance of the property; and
(6)
In
addition, the Historic Preservation Advisory Board shall be guided
by the current edition of the Secretary of the Interior's Standards
for Rehabilitation and Guidelines for Restoration of Historic Buildings.
[Added 4-5-2021 by L.L. No. 3-2021]
A.
Prior to the commencement of any work requiring a certificate of
appropriateness, the owner shall file an application for such certificate
with the Historic Preservation Advisory Board. The application shall
contain:
(1)
Name, address, and telephone number of the applicant;
(2)
Location and photographs of the property;
(3)
Elevation drawings of proposed changes, if available;
(4)
Perspective drawings, including relationship to adjacent properties,
if available;
(5)
Samples of color and/or material to be used;
(6)
Where the proposal includes signs or lettering, a scale drawing showing
the type(s) 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 proposed location on the property; and
(7)
Any other information which the Advisory Board 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 been first issued by the Town Board
as recommended by the Historic Preservation Advisory Board. The certificate
of appropriateness required by this act 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 Grand Island.
C.
The Advisory Board shall recommend approval, denial or approval of
the permit with modifications within 65 days from the receipt of the
completed application. If the application is not acted upon by the
Advisory Board within 65 days, as aforesaid, the application shall
be deemed approved, for final determination by the Town Board. The
applicant or the Advisory Board may request a reasonable extension
of the decision deadline date if so desired. The Advisory Board 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 recommendations of the Advisory Board shall be in writing. A
copy of the said recommendation shall be sent to the applicant by
registered mail, and a copy filed with the Town of Grand Island Clerk's
office for public inspection. The Advisory Board's writing shall state
the reasons for recommending denying or modifying any application.
E.
Certificates of appropriateness shall be valid for 12 months, after
which the owner must reapply if he or she still wishes to undertake
work on the property.
A.
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:
B.
An applicant whose certificate of appropriateness for a proposed
alteration has been denied may apply for relief on the grounds 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 of the denial of a certificate
of appropriateness, an applicant may commence the hardship process.
B.
The Advisory Board shall hold a public hearing on the hardship application
at which time 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 Advisory Board,
local preservation groups and interested parties in a diligent effort
to seek an alternative that will result in preservation of the property.
D.
All recommendations of the Advisory Board shall be in writing. A
copy of the said recommendations shall be sent to the applicant by
registered mail, and a copy filed with the Town of Grand Island Clerk's
office for public inspection. The Advisory Board's writing shall state
the reason(s) for recommending granting or denying the hardship application.
E.
No building permit or demolition permit shall be issued while the
hardship application is pending. The Advisory Board shall make a recommendation
to the Town Board for determination on whether a hardship exists.
Building and demolition permits shall be issued in accordance with
that determination.
A.
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any architectural feature of a landmark
or property within an historic district which does not involve a change
in design, material, 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 architectural feature which would, in
the judgment of the Historic Preservation Advisory Board, produce
a detrimental effect upon the character of the historic district as
a whole and the character of the property itself. Examples of such
deterioration include:
(1)
Deterioration of exterior walls or vertical supports;
(2)
Deterioration of roof or other horizontal members;
(3)
Deterioration of exterior chimneys;
(4)
Deterioration or crumbling of exterior stucco or mortar;
(5)
Ineffective waterproofing of exterior walls or foundations, including
broken windows or doors; or
(6)
Deterioration of any feature so as to create a hazardous condition
which could lead to the claim that demolition is necessary for public
safety.
A.
Administration. The Code Enforcement Officer shall administer and
enforce the provisions of this chapter. In connection with overseeing
this responsibility, the Code Enforcement Officer shall provide a
permit procedure coordinated with the established building permit
procedure.
B.
Enforcement. All work performed pursuant to a structure subject to
this chapter shall conform to any requirements included herein. It
shall be the duty of the 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, the 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 the stop-work order is in
effect.
C.
The certificate of appropriateness shall be displayed on the building
in a location conspicuously visible to the public while work pursuant
to the certificate is being done.
Where this chapter imposes greater restrictions than are imposed
by the provisions of any law, ordinance, or regulation, the provisions
of this chapter shall apply. Where greater restrictions are imposed
by any law, ordinance, or regulation, such greater restrictions shall
apply.
No decision to carry out or approve an action subject to the
provisions of this chapter shall be rendered by any department, board,
commission, officer, or employee unless and until the provisions of
this chapter have been complied with. This shall not prohibit environmental,
engineering, economic feasibility or other studies, preliminary planning
or budgetary processes, nor the granting of an application relating
only to technical specifications and requirements, but not authorizing
commencement of action until full compliance with this chapter has
been met.
This chapter shall apply to the entire area of the Town of Grand
Island.
