When used in §§
71-1 through
71-14, the term "compatibility" shall mean a finding that the action or project proposed is in accordance with the purposes of the historic district and these regulations.
A Committee of five, composed of three Village residents and
two other interested and qualified people, shall serve as the Village
of Pulaski Historic Preservation/Architectural Review Committee (the
"Committee"). If at any time there are not volunteers for the Committee,
the Planning Board will serve as the Committee. Committee members
will be appointed by the Village Board of Trustees.
A. The duties of the Committee shall include:
(1) Promulgation of internal rules and regulations as necessary for the
conduct of its business;
(2) Recommendation to the Village Board of additional criteria for the
identification of significant historic, architectural, landscape,
and cultural landmarks and for the delineation of historic districts;
(3) Conduct of research of significant historic, architectural, landscape,
and cultural landmarks and historic areas within the Village;
(4) Recommendation for designation of identified structures or resources
as landmarks and/or historic districts;
(5) Recommendation of acceptance by the Village government of the donation of facade easements and development rights, and the making of recommendations to the Planning Board and Village Board concerning the acquisition of facade easements or other interests in real property as necessary to carry out the purposes of §§
71-1 through
71-14;
(6) Increasing public awareness of the value of historic, cultural, and
architectural preservation by developing and participating in public
education programs;
(7) Making recommendations to the Planning Board and Village Board concerning
the utilization of state, federal, or private funds to promote the
preservation of landmarks and historic districts within the Village;
(8) Recommending acquisition of landmark properties by the Village Board where its preservation is essential to the purposes of §§
71-1 through
71-14 and where private preservation is not feasible;
(9) Approving or disapproving applications for certificates of appropriateness
and hardship relief pursuant to this article; and
(10) Maintain an inventory of locally designated historic resources or
districts within the Village and publicize the inventory.
(11) The following organizations shall be used as a reference for information
on the following, including but not limited to style of architecture
and/or historical significance.
(a)
The National Register of Historic Places.
(b)
Historic America Buildings Survey.
(c)
The Historic America Engineering Record, United States Department
of the Interior, National Park Service.
(d)
The Division for Historic Preservation New York State Office
of Parks and Recreation.
(e)
The National Trust for Historic Preservation.
(f)
The Society of Architectural Historians.
(g)
The Oswego County or Village of Pulaski Historical Society.
(h)
The Halfshire Historical Society.
(i)
Oswego County Heritage Foundation.
(j)
Central New York Regional Planning and Development Board.
B. The Committee shall meet on as-needed basis, with a minimum of four
meetings a year, but meetings may be held at any time on the written
request of any two of the Committee members or on the call of the
Committee Chairman or the Mayor or the Planning Board Chairman.
C. A quorum for the transaction of business shall consist of three of
the five Committee members, and not less than a majority of the full
authorized membership is required to make any recommendation to the
Village Planning Board or Village Board.
D. Terms of office. The terms for all members of the Committee shall
be staggered and fixed so that the term of one member shall expire
at the end of the calendar year in which all such Committee members
were initially appointed. The terms of the remaining members shall
be so fixed that one term shall expire at the end of each calendar
year thereafter. At the expiration of the term of each member first
appointed, his or her successor shall be appointed for a term which
shall be equal in years to the number of members of the Committee.
Vacancies shall be appointed by the Mayor with Board approval for
the unexpired portion of the term of the replaced member. The Chairperson
and the Secretary shall be appointed by a majority of the members
of the Committee on a yearly basis. The Committee shall be subject
to the provisions of the Public Officers Law, including Article 7
related to the Open Meetings Law.
No person shall carry out any exterior alteration, restoration,
reconstruction, demolition, new construction, or moving of a landmark
or property within a historic district, including buildings and exterior
building features and site features such as sidewalks and fences,
or portions thereof, without first obtaining a certificate of appropriateness
or hardship relief from the Pulaski Historic Preservation/Architectural
Review Committee. Painting or repainting and ordinary maintenance
and repair of existing buildings, building features, building elements
and site features are exempt from the requirements of this section,
as are changes involving only replacement in kind of a portion of
a building element (including, but not necessarily limited to, porch
or stair walking surfaces and stair risers), building-mounted mailboxes
and flagpoles and any modifications or changes involving only living
vegetation and/or seasonal changes such as window air conditioners,
fans and/or seasonal decorations. As an example, but not by way of
limitation, caulking or puttying an existing window pane, or replacement
of a portion of a window sash with like-kind material would constitute
maintenance or repair, whereas replacement of an entire sash, an entire
window, or an entire porch would constitute an activity subject to
the requirements of this section. Replacement of any building element
with a different material or design shall constitute an activity subject
to review under this section.
An applicant whose certificate of appropriateness for a proposed
demolition has been denied may apply for relief on the grounds of
hardship. In order to prove the existence of hardship, the applicant
shall provide financial and/or expert testimony or evidence.
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.
D. Relocation is to be considered as favorable to demolition.
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 establish hardship, the applicant shall prove that installation,
lifespan, maintenance and operating costs associated with a more appropriate
preservation solution are substantially greater than such costs associated
with the proposed alteration.
All work performed pursuant to a certificate of appropriateness
or hardship relief decision issued under this chapter shall conform
to any requirements included therein. It shall be the duty of the
Zoning 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 Committee or the Planning Board, the Zoning 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.
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any exterior feature of a landmark and/or
property within an historic district that does not involve a material
change in design, material, or outward appearance. No owner or person
with an interest in real property designated as a landmark and/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 feature which would, in the judgment of the Committee or the
Planning Board, produce a detrimental effect upon the character of
the landmark, property within an historic district, and/or an historic
district as a whole. Examples of such deterioration include:
A. Deterioration of exterior walls or other vertical supports of buildings
or structures, or site retaining walls and/or stairs;
B. Deterioration of roofs or other horizontal members of buildings or
structures;
C. Deterioration of architectural features such as towers, chimneys
or parapets or site features such as stairs or terraces;
D. Deterioration or crumbling of materials, such as masonry and wood;
E. Deterioration of weather-protective materials and measures for buildings,
structures and general site conditions;
F. Deterioration of any feature so as to create a hazardous condition
which could lead to the claim that demolition of all or a portion
of a property is necessary for the public safety.
Any person aggrieved by a decision of the Committee relating to the provisions of §§
71-1 through
71-13 of this chapter may file a complaint with the Zoning Board of Appeals.
If any part of the law is deemed invalid or unconstitutional,
that it shall be stricken, the remainder of the law shall remain.