[HISTORY: Adopted by the Board of Trustees
of the Village of Pulaski 5-27-2020 by L.L. No. 1-2020.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 71,
Historic District, adopted 1-14-2019 by L.L. No. 2-2019.
A.
It is hereby declared as a matter of public policy that the protection,
enhancement, and perpetuation of landmarks and historic areas 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 the Village of Pulaski has many significant
historic, architectural, and cultural resources which constitute its
heritage, the Historic Preservation Overly District and this chapter
are intended to:
(1)
Protect and enhance the landmarks and historic areas which represent
distinctive elements of Pulaski's historic, architectural, and
cultural heritage;
(2)
Foster civic pride in the accomplishments of the past;
(3)
Protect and enhance Pulaski's attractiveness to visitors and
to support and stimulate the economy thereby provided; and
(4)
Ensure the harmonious, orderly, and efficient growth and development
of the Village.
B.
This chapter shall apply within the Historic Preservation Overlay
District delineated on the Zoning Map of the Village of Pulaski and
to any local landmarks, new historic districts and expansion of the
existing Historic Preservation Overlay District established pursuant
to the provisions of this chapter.
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;
(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.
A.
The Committee may recommend to the Village Board the designation
of individual properties as landmarks if they:
(1)
Possess 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)
Are identified with historic personages; or
(3)
Embody the distinguishing characteristics of an architectural style
or method of construction; or
(4)
Are the work of a designer whose work has significantly influenced
an age; or
(5)
Because of unique location or singular physical characteristic, represent
an established and familiar visual feature of a neighborhood or the
community as a whole.
(6)
In the case of interior landmarks, the Committee may designate the
interior of a property as an interior landmark if such interior has
special historical or aesthetic interest or value as part of the development,
heritage or cultural characteristics of the Village, town, county,
state or nation and:
B.
The Committee may recommend to the Village Board a group of properties
for designation as an historic district if the properties:
C.
The boundaries of each historic district designated henceforth shall
be specified in detail and shall be filed, in writing, in the Village
Clerk's office for public inspection, and said boundaries shall
be indicated on the Zoning Map of the Village of Pulaski as an amendment
thereto.[1]
[1]
Editor's Note: The Zoning Map is on file in the Village
Clerk's office.
D.
Notice of a proposed designation shall be sent by regular mail to
the owner of the property/properties proposed for designation, describing
the property/properties.
E.
An open enrollment period will be held each year, during the months
of October and November, for any property owner to request their property
be included in the historical district.
F.
The Committee shall discuss the proposed designation of the landmark
or historic district at its next regularly scheduled meeting. The
Committee, owners of properties proposed for designation, and any
interested parties may present testimony or documentary evidence at
the meeting 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 meeting.
G.
The Committee will hold a public hearing upon five days prior notice
published in the Village's official newspaper, and potentially
affected property owners will be notified by first-class United States
Mail addressed to the owner listed in the current tax roll, unless
the Village has actual notice of a different owner or address. The
Committee shall forward notice of each property proposed for designation
as a landmark and the boundaries of each proposed historic district
for review to the Village Board. The ultimate decision on designation
shall be made by the Village Board.
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.
A.
In passing upon an application for a certificate of appropriateness,
the Committee shall not consider changes to interior spaces, unless
the interior is both open to the public and designated as an interior
landmark, or to property site features that are not visible from a
public street or alley or other public way. The Committee's decision
shall be guided by the following principles:
(1)
The "US Secretary of the Interior's Standards for the Treatment
of Historic Properties" and the various accompanying Guidelines documents;
(2)
Properties which contribute to the character of an historic district
shall be retained, with their historic features altered as little
as possible;
(3)
Any alteration of a landmark and/or a property within an historic
district shall be compatible with its individual historic character,
as well as with its context or the surrounding historic district;
and
(4)
New construction at a landmark shall be compatible with the property's
historic character, and new construction in an historic district also
shall be compatible with the district in which it is located.
B.
In applying the principle of appropriateness, the Committee shall
consider the following factors:
(1)
The general design, character, and compatibility of the proposed
alteration or new construction to a landmark or historic district;
(2)
The scale of the proposed alteration or new construction in relation
to the property itself, surrounding properties and the neighborhood;
(3)
Texture and materials of the proposed alteration or new construction
and their relation to similar features of the property itself, surrounding
properties and the neighborhood;
(4)
Visual compatibility with surrounding properties, including proportion
of building front facade, proportion and arrangement of windows and
other openings and roof shape, and the rhythm or spacing of buildings
and structures in relation to the street and adjacent properties,
site features such as drives, walks, walls, fences, hedge rows, terraces
and stairs, and major landforms or topographic features;
(5)
The importance of individual features to the significance of the
property itself, surrounding properties and the neighborhood.
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 Committee. The application shall contain:
(1)
Name, address, and telephone number of applicant;
(2)
Location and photographs of property;
(3)
Scaled plans and/or elevation drawings of proposed changes, including
relationship to adjacent properties if available;
(4)
Perspective drawings, including relationship to adjacent properties
if available;
(5)
Samples of color and/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 Committee may deem necessary or that
the applicant may consider helpful 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 Committee.
The certificate of appropriateness required by this article shall
be in addition to and not in lieu of any building permit or other
approvals that may be required by any other regulation of the Village
of Pulaski. Exceptions would be made if there is an imminent danger
to public safety as determined by the Code Official. The Committee
shall make its decision on the application within 30 days from the
first meeting of the Committee following receipt of a complete application,
unless an extension is mutually agreed upon by the applicant and the
Board or due to extenuating circumstances.
C.
The Committee shall make its decision on the application within 30
days from the first meeting of the Committee following receipt of
a complete application. The Committee will provide an opportunity
for proponents and opponents of the application to present their views
during the meeting(s) at which the application is discussed.
D.
All decisions of the Committee shall be in writing. Copies shall
be sent to the applicant by mail or email and a copy filed with the
Village Clerk's office for public inspection. The final decision
shall state the reasons for denying or modifying any application.
The decision on the application will be made within 30 days from the
first meeting of the Committee following receipt of completed application.
Extensions are allowed if there is a mutual agreement between the
applicant and the Board or if there are extenuating circumstances.
E.
Certificates of appropriateness shall be valid for 12 months, after
which time the owner must reapply if he/she 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 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.
A.
After receiving written notification from the Committee 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 Committee makes a finding that a hardship exists.
B.
The Committee shall review any application for hardship and make
its decision. The Committee may hold a public hearing on the hardship
application at which an opportunity will be provided for the applicant
and interested parties to offer comment.
C.
The applicant should consult in good faith with the Committee, 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 Committee shall be in writing and shall be made
within 30 days from the first meeting of the Committee following receipt
of a complete application. A copy shall be sent to the applicant by
mail or email and a copy filed with the Village Clerk's office
for public inspection. The Committee's decision shall state the
reasons for its decision on the hardship application. If the application
is granted, the Committee shall approve only such work as is necessary
to alleviate the hardship.
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.
If any part of the law is deemed invalid or unconstitutional,
that it shall be stricken, the remainder of the law shall remain.
