[HISTORY: Adopted by the Board of Trustees of the Village of Pulaski 1-14-2019 by L.L. No. 2-2019. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Village of Pulaski Historic District Local Law."
The Village of Pulaski Board of Trustees finds that there exist places, sites, structures and buildings of historic significance, antiquity, uniqueness of exterior design or construction, which should be conserved, protected and preserved to maintain the architectural character of the Village of Pulaski, to contribute to the aesthetic value of the Village of Pulaski and to promote the general good, welfare, health and safety of the Village of Pulaski and its residents.
The purpose of this chapter is to:
Safeguard the heritage of the Village of Pulaski by preserving a zoning district in the Village which reflects its cultural, economic and architectural history.
Protect buildings, structures and areas in the Village of Pulaski which are recognized for their historic value.
Stabilize and improve property values.
Foster civic beauty.
Strengthen the local economy.
Promote the use of the Historic District for the education, pleasure and welfare of the citizens of the community.
Stating the above objectives, there will be in the Village of Pulaski a zoning district known as the "Historic District," with boundaries demarked on the Village of Pulaski Zoning Map (the "Zoning Map").
Pursuant to Article 5, § 96-a, and Article 5-K, § 119-dd, of the General Municipal Law; Article 14 of the Parks, Recreation and Historic Preservation Law; § 10 of the Municipal Home Rule Law; and § 7-700 of the Village Law, it is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of historic districts are necessary to promote the cultural, economic, safety and general welfare of the public.
As used in this chapter, the following words and phrases have the following meanings:
- Any act or progress which expands the existing footprint of the landmark or any structure or building in an historic district.
- Any act or process which changes one or more of the exterior architectural features of a structure designated as a landmark or any structure or building in an historic district.
- BOARD OF TRUSTEES
- Refers to the Village of Pulaski Board of Trustees.
- A structure wholely or partially enclosed within exterior walls, or within exterior or party walls and a roof, affording shelter to persons, animals or property.
- BUILDING INSPECTOR
- Refers to the Village of Pulaski Code Enforcement Officer.
- EXTERIOR ARCHITECTURAL FEATURES
- The architectural style, design, general arrangement and components of all of the outer surfaces of any building or structure, including, but not limited to, the kind, color and texture of the building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to said building or structure.
- HISTORIC DISTRICT
- Any area which contains places, sites, structures or buildings which have a special character and ambiance or historical value or aesthetic interest and which represent one or more periods or styles or architecture of an era of history and which cause such area to constitute a distinct section of the Village. They will be denoted on the Village of Pulaski Zoning Map.
- Any place, structure or building of historical value or aesthetic interest by reason of its antiquity or uniqueness of architectural design or as part of the development, heritage or cultural characteristics of the Village, town, county, state or country.
- LANDMARK SITE
- A parcel, or part thereof, on which is situated a landmark, and any abutting parcel or part thereof constituting part of the premises on which the landmark is situated.
- PLANNING BOARD
- Refers to the Village of Pulaski Planning Board.
- Any assembly of materials forming a construction framed of component structural parts for occupancy or use, including buildings.
- STYLES OF ARCHITECTURE
- Style recognized by one of the following organizations:
- A. The National Register of Historic Places.
- B. Historic American 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 Oswego County or Village of Pulaski Historical Society.
- F. The National Trust for Historic Preservation.
- G. The Society of Architectural Historians.
- ZONING MAP
- Refers to the Village of Pulaski Zoning Map of the Village of Pulaski, which may, from time to time, be amended.
Form and content.
Each application for a permit for alteration or addition to an existing structure shall contain the full name and address of the owner and, if the applicant is his representative, the full name and address of the applicant as well. If the owner is a corporation, the full names and addresses of its responsible officers shall be given.
Each application shall describe fully the lot and premises, either by lot number, street number or by exact description.
Each application shall describe the proposed work, including, but not limited to, giving dimensions of the new construction, setting forth the character of the construction, the kinds of materials to be used, the loads for which each floor is designed and such other information as may be required.
Each application shall contain a statement by or on behalf of the owner that the proposed work will be faithfully carried out as described in the application and as shown on the accompanying plans and specifications, and not otherwise, and that the provisions of the law and ordinances applying to the premises and the proposed work will be complied with, whether stated in the application and plans or not.
Each application shall be signed by the applicant, who shall also make an affidavit that the statements set forth in the application are true.
Any applications to move buildings from one location to another shall be accompanied by a description of the method to be used and the route to be followed. Permits from the state, county, town and/or Village authorities, where required, shall be submitted at the time of making application for a permit.
To whom submitted.
Applications for a building permit in the Historic District or to a landmark shall be made to the Building Inspector.
The Building Inspector shall immediately transmit the application and proposal to the Planning Board.
The Planning Board shall review the proposal and may confer with the applicant or his authorized representative concerning the building permit. The Planning Board shall seek the advice of any other body or consultant that it deems appropriate upon receipt of a completed application.
After review, the Planning Board will approve, modify, or disapprove each application within 45 days after receiving it. The Planning Board shall transmit a record of its proceedings and findings to the Building Inspector and applicant. If the Board fails to act within 45 days of receipt of the application, the application shall be deemed to have been approved and the Building Inspector may issue the requested permit.
The Building Inspector shall not grant a building permit until such time that an application has been approved by the Planning Board or 45 days have elapsed from the date the application was received by the Board. In no case shall a permit be issued prior to site plan approval by the Planning Board.
If a building permit is issued, a copy of the permit shall be kept on the premises and be open to public inspection during the performance of the work until the completion of the same.
Any person aggrieved by a decision of the Planning Board in disapproving an application may file a written appeal to the Zoning Board of Appeals within 15 days of the Planning Board's decision.
Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints shall be in writing and filed with the Building Inspector of the Village of Pulaski, who shall properly record such complaint and immediately investigate.
If, upon such investigation, the Building Inspector discovers that any owner or person in charge of a property altered, repaired, demolished or constructed a building or structure without adherence to this chapter, the Building Inspector may issue a notice to said persons to restore the property to the condition it existed in prior to the violation. If such person shall not remediate the condition to comply with the provisions of this chapter within 30 days from notice from the Building Inspector, the Building Inspector is empowered to immediately institute appropriate action, including punishing said person with a fine of $1,000.
Alterations, repairs and additions to buildings or structures located wholly or partly within the boundaries of an Historic District or which are designated as landmarks shall be made consistent with the materials and styles of the particular architectural period of which said building or structure is characteristic.
New construction shall be visually compatible in scale, design, materials, color and texture with buildings of historic value in the Historic District.
For all alterations involving changes affecting the structural safety of any building or structure, whatever the size, the plans shall be drawn by a registered architect or professional engineer licensed to practice in the State of New York and shall be affixed with his seal.
Inappropriateness of design will be determined in respect to one or more of the following features:
Quality of architectural design.
Nature of material to be used in construction.
Harmony or discord of colors to be used.
Compatibility design features of the structure with the terrain in which it is to be located.
The proposed alteration will produce adverse effects to a structure or building designated as a landmark or located in an Historic District.
Moving of buildings or structures designated as landmarks or located wholly or partly within the boundaries of the Historic District may be allowed as an alternative to demolition.
Nothing in this section shall be construed to prevent ordinary maintenance or repair with like materials of similar quality and color of any place, site, structure or building designated as a landmark or landmark site, or on property located wholly or partly within the boundaries of an Historic District. This also does not apply if the Building Inspector or any authorized Village enforcement agency orders or directs the construction, removal, alteration or demolition for the purpose of remedying conditions determined to be unsafe or dangerous to the life, health or property of any persons.
Pursuant to § 7-708 of the New York State Village Law, this chapter and the zoning district created herein shall be permitted to be amended by a simple majority vote of the Village of Pulaski Board of Trustees, not consisting of less than 3/4 of the members of the Board of Trustees. Changes or expansions to the Historic District will be demarked on the Village of Pulaski Zoning Map.
If any section, subsection, subdivision, paragraph, clause or phrase in this chapter, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this chapter, or any part thereof. The Village of Pulaski Board of Trustees hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases may be declared invalid or unconstitutional.