[HISTORY: Adopted by the Board of Trustees
of the Village of Owego 2-19-2019 by L.L. No. 3-2019.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building code administration — See Ch. 92.
Flood damage prevention — See Ch. 117.
Property maintenance — See Ch. 159.
Subdivision of land — See Ch. 175.
Zoning — See Ch. 195.
[1]
Editor's Note: This local law also repealed former Ch. 126,
Historic Preservation, adopted 11-20-2017 by L.L. No. 5-2017.
The Village of Owego Board of Trustees finds that there exist
within the Village of Owego places, sites, structures and buildings
of historic or architectural significance, antiquity, uniqueness of
exterior design or construction, which should be conserved, protected
and preserved to maintain the architectural character of the Village
of Owego to contribute to the aesthetic value of the Village and to
promote the general good, welfare, health and safety of the Village
and its residents. The purpose of this chapter is to promote the general
welfare by providing for the identification, protection, enhancement,
perpetuation, and use of buildings, structures, signs, features, improvements,
sites, and areas within the Village of Owego which reflect special
elements of the Village of Owego's historical, architectural,
cultural, economic or aesthetic heritage for the following reasons:
A.Â
To foster public knowledge, understanding, and appreciation in the
beauty and character of the Village of Owego and in the accomplishments
of its past;
B.Â
To ensure the harmonious, orderly, and efficient growth and development
of the Village of Owego;
C.Â
To enhance the visual character of the built environment by encouraging
new design and construction that complements the Village of Owego's
historic buildings;
D.Â
To protect and promote the economic benefits of historic preservation
to the Village of Owego, its inhabitants and visitors;
E.Â
To protect property values in the Village of Owego;
F.Â
To promote and encourage continued private ownership and stewardship
of historic structures and to discourage real estate speculation;
G.Â
To identify as early as possible and resolve conflicts between the
preservation of historic landmarks/districts and alternative land
uses; and
H.Â
To conserve valuable material and energy resources by ongoing use
and maintenance of the existing built environment.
There is hereby created a commission to be known as the Owego
Historic Preservation Commission.
A.Â
Membership: The Commission shall consist of five voting members and
five nonvoting ex-officio members.
B.Â
Appointments: Voting members of the Commission shall be appointed
by the Mayor, subject to approval of the Village Board of Trustees.
Ex-officio members shall be appointed by the Mayor, subject to approval
of the Board of Trustees, except that the Mayor shall also be an ex-officio
member.
C.Â
Removal: A voting member of the Commission may be removed by the
Village Mayor, subject to approval of the Board of Trustees after
a public hearing, for cause. Ex-officio members may be removed by
the Village Mayor, subject to approval of the Board of Trustees, with
or without cause.
D.Â
Term of office:
(1)Â
The terms for all voting members of the Commission shall be staggered
and fixed so that the term of one member shall expire at the end of
the official year in which all such voting members were initially
appointed. The terms of the remaining voting members shall be so fixed
that two terms shall expire at the end of each official year thereafter.
At the expiration of the term of each voting member first appointed,
his or her successor shall be appointed for a three-year term.
(2)Â
The terms of the initial ex-officio members shall expire at the end
of the official year in which they were initially appointed. The terms
of all ex-officio members thereafter shall be one year, and expire
at the end of each official year thereafter.
E.Â
Voting member qualifications: To the extent possible, voting members
shall reside within the Village of Owego. The composition of the Commission
shall include members required to have the following expertise:
(1)Â
At least one shall be an architect, engineer or a contractor having
experience in historic preservation;
(2)Â
At least one shall be an historian;
(3)Â
At least one shall be a state-licensed real estate professional;
(4)Â
At least one shall be a resident of the Village of Owego Historic
District having demonstrated significant interest in and commitment
to the field of preservation planning as evidenced either by involvement
in a local or regional historic preservation group, employment or
volunteer activity in the field of preservation planning, or other
serious interest in the field; and,
(5)Â
All members shall have a known interest in historic preservation
and planning within the Village of Owego.
(6)Â
In the event that the Mayor and Board of Trustees determine that any of the positions described in Subsection E(1), (2), (3), (4) and (5) cannot be filled by persons so qualified, the Mayor and Board of Trustees may fill any such position by appointing persons qualified under Subsection E(4) or (5).
F.Â
Ex-officio qualifications: Ex-officio members shall, to the extent
possible, reside within the Village of Owego and have experience or
specialized talents deemed useful to the Commission by the Mayor and
Board of Trustees.
G.Â
Vacancies: Vacancies occurring in the Commission other than by expiration
of term of office shall be filled by appointment of the Mayor with
the approval of the Board of Trustees. Any such appointment shall
be for the unexpired portion of the term of the replaced member, and
the appointment must be made in accordance with the criteria established
above for original appointments.
H.Â
Reappointment:
(1)Â
Voting members may serve for no more than a maximum of two consecutive
full three-year terms. A previous voting member appointee may be reappointed
as a voting member after a two-year hiatus from the Commission as
a voting member. Previous voting members whose terms have expired
may be reappointed to serve as ex-officio members, and such service
shall not prevent their reappointment as a voting member after such
two-year hiatus.
(2)Â
Ex-officio members may serve an unlimited number of one-year terms.
(3)Â
Each voting member shall serve until the appointment of a successor,
or until they serve two consecutive full three-year terms. The term
limits imposed by this subdivision may be waived or modified by the
Mayor and the Board of Trustees, if it is in the best interests of
the Village of Owego to do so.
I.Â
Compensation: Members shall serve without compensation. Notwithstanding
the foregoing, a member also appointed as Secretary may receive compensation
as reasonably determined by the Mayor and Board of Trustees.
J.Â
Training and attendance requirements:
(1)Â
Each member of the Commission shall complete, at a minimum, four
hours of training each year designed to enable such members to more
effectively carry out their duties. Training received by a member
in excess of four hours in any one year may be carried over by the
member into succeeding years in order to meet this requirement. Such
training shall be approved by the Mayor and Board of Trustees and
may include, but not be limited to, training provided by a municipality,
regional or county planning office or Commission, county planning
federation, state agency, statewide municipal association, college
or other similar entity. Training may be provided in a variety of
formats, including but not limited to, electronic media, video, distance
learning and traditional classroom training.
(2)Â
To be eligible for reappointment to the Commission, a member shall
have completed the training approved by the Mayor and the Board of
Trustees.
(3)Â
The training may be waived or modified by resolution of the Mayor
and Board of Trustees when, in the judgment of the Mayor and Board
of Trustees, it is in the best interest to do so.
(4)Â
No decision of a Commission shall be voided or declared invalid because
of a failure to comply with this subdivision.
A.Â
Chairperson; designation and duties.
(1)Â
The Village of Owego Mayor and Board of Trustees shall designate
the Chairperson of the Commission. In the absence of the Mayor's
and Board of Trustees' designation, the Chairperson of the Commission
shall be designated by vote of an affirmative majority of the members
of the Commission.
(2)Â
The Chairperson shall have the right to vote in all matters before
the Commission.
(3)Â
All meetings of the Commission shall be held at the call of the Chairperson
and at such other times as the Commission may determine by affirmative
vote.
B.Â
Secretary: The Village of Owego Mayor and Board of Trustees shall
appoint a secretary to serve as secretary to the Commission. The secretary
may, if otherwise qualified and appointed, also serve as a voting
or ex-officio member of the Commission. The secretary shall keep a
record of all resolutions proceedings, and actions of the Commission,
as well as attendance of Commission members.
C.Â
Quorum: A simple majority of the Commission's voting members
shall constitute a quorum for the transaction of business. An affirmative
majority vote of the full Commission's voting membership is required
to approve any resolution, motion or other matter before the Commission.
A.Â
Records: The Commission shall be subject to the provisions of the
Public Officers Law, including Article 7 related to the Open Meetings
Law. The Commission records shall be readily available to the public.
The vote or failure to vote of each Commission member shall be recorded.
If any Commission member abstains from voting based on a conflict
of interest or otherwise, the member must also state his or her reason(s)
or ground(s) for doing so on the record.
B.Â
Annual reports: The Commission shall submit an annual report of its
activities to the Mayor and Board of Trustees and make such recommendations
to the Mayor and Board of Trustees as the Commission deems necessary
to carry out the purposes of this chapter.
A.Â
Regulations: The Commission may recommend to the Mayor and Board
of Trustees regulations relating to any subject matter over which
the Commission has jurisdiction under this chapter. Any such recommendation
may be adopted by local law or resolution of the Village of Owego's
Mayor and Board of Trustees.
B.Â
Bylaws; meetings: The Commission may approve bylaws, subject to review
and approval of such bylaws by the Board of Trustees. Such bylaws
shall provide for the time and place of regular meetings; and may
provide for the calling of special meetings by the Chairperson or
by written request of at least two voting members of the Commission.
Regular meetings shall be held at least once a month. All regular
or special meetings of the Commission shall be consistent with the
notice provisions of the New York Open Meetings Law and shall be open
to the public.
The Commission may, in its bylaws, establish permanent or ad
hoc committees consisting of no fewer than three current voting members
of the Commission for tasks assigned to it by the full Commission.
A.Â
General and advisory powers. The Commission shall, from time to time:
(1)Â
Review any local laws or regulations, including existing landmarks
or historic preservation laws or regulations in the Village of Owego,
and recommend to the Village of Owego Mayor and Board of Trustees
any changes and amendments thereto;
(2)Â
Recommend to the Village of Owego Mayor and Board of Trustees additional
regulations to be adopted by local law that may be necessary for the
Commission to conduct its business, consistent with the scope and
intent of this chapter;
(3)Â
Recommend to the Village of Owego's Mayor and Board of Trustees
specific criteria for regulations to be adopted by local law that
identify and catalogue significant historic landmarks, and from time
to time advise it on suggested changes thereto;
(4)Â
Recommend to the Village of Owego's Mayor and Board of Trustees
designation of additional or new landmarks and historic districts;
(5)Â
Maintain a current inventory of locally-designated historic resources
or districts within the Village of Owego and publicize the inventory;
(6)Â
Recommend to the Village of Owego's Mayor and Board of Trustees
additional criteria to be adopted in local laws to be used when evaluating
applications for a certificate of appropriateness;
(7)Â
Recommend to the Village of Owego's Mayor and Board of Trustees
proposals for the acquisition of preservation easements or other interests
in real property;
(8)Â
Conduct investigations, prepare maps, reports and recommendations
in connection with its advisory authority relating to the planning,
development and administration of the Village of Owego landmarks preservation
policies, regulations and local laws as needed, provided the total
expenditures of said Commission shall not exceed the appropriation
provided by the Village of Owego's Mayor and Board of Trustees
together with any public or private grant funding received by the
Village of Owego for the Commission to undertake its landmarks preservation
powers and duties.
(9)Â
Report on matters referred to it by the Village of Owego Mayor and
Board of Trustees. The Village of Owego Mayor and Board of Trustees
may by resolution provide for the referral to the Commission for a
report on any matter or class of matters that impact the Village of
Owego's landmarks preservation local law, policies, regulations
or administrative processes before final action is taken thereon by
the Village of Owego Mayor and Board of Trustees or other office of
said Village of Owego having final authority over said matter. The
Village of Owego Mayor and Board of Trustees may further stipulate
that final action thereon shall not be taken until the Commission
has submitted its report thereon, or has had a reasonable time, to
be fixed by the Village of Owego Mayor and Board of Trustees in said
resolution, to submit the report.
B.Â
Administrative reviews. In accordance with the regulations adopted
by the Village of Owego Mayor and Board of Trustees for landmarks
and historic preservation purposes, the Commission shall:
(1)Â
Evaluate an application for a certificate of appropriateness; approve,
approve with modifications, or deny any proposal for exterior changes
to a designated individual landmark or property within a designated
historic district resulting from any such application;
(2)Â
Evaluate an application for a certificate of economic hardship; approve,
approve with modifications, or deny any such application;
(3)Â
Evaluate an application for a certificate of appropriateness for
demolition, removal or relocation; approve, approve with modifications,
or deny any such application;
(4)Â
Evaluate, without public hearing, an application for ordinary maintenance
and repair of historic resources, properties or landmarks; approve,
approve with modifications, or deny any such applications;
(5)Â
Perform other functions that the Village of Owego Mayor and Board
of Trustees may designate by local law.
C.Â
The Commission may recommend designation of an historic district
under this historic preservation local law and that historic district
is not to be construed as a zoning district under the Village of Owego
local law. Nothing contained in this historic preservation local shall
be construed as authorizing the Commission to adopt a law, bylaw or
regulation that regulates or limits the height and bulk of buildings,
regulates and determines the area of yards, courts and other open
spaces, regulates density of population or regulates or restricts
the locations of trades and industries or creates zoning districts
for any such purpose.
All Village of Owego departments, including the Village Zoning
and Planning Boards shall, upon reasonable request of the Commission,
timely assist and furnish available permits, plans, reports, maps
and statistical and other information which the Commission may require
for its work.
The Village of Owego Mayor and Board of Trustees shall designate
landmarks or historic districts within the Village under this local
preservation law. Ordinarily, properties that have achieved significance
within the past 50 years are not considered eligible for designation.
However, such properties will qualify if they are integral parts of
historic districts that meet the criteria for designation, or if they
are properties of exceptional importance. The boundaries of each landmark,
interior landmark, scenic landmark or historic district shall be specified
in detail with reference to the tax map identification number and
shall be filed, in writing, in the Village of Owego Clerk's office
and there made available for review by the public.
A.Â
Individual landmark: The Village Board may designate an individual
property as an individual landmark if it:
(1)Â
Exemplifies or possesses special character, or historic or aesthetic
interest of value as part of the political, economic, or social history
of the Village of Owego;
(2)Â
Is identified with persons or events significant in local, state,
or national history;
(3)Â
Embodies the distinguishing characteristics of a type, period or
method of construction or design style, or is a valuable example of
the use of indigenous materials or craftsmanship; or is representative
of the work of a designer, architect or builder;
(4)Â
Represents an established and familiar visual feature of the community
by virtue of its unique location or singular physical characteristic,
represents an established and familiar visual feature of the community;
or
(5)Â
Has yielded or may be likely to yield information important in prehistory
or history.
B.Â
Historic district: The Village Board may designate a group of properties
within the Village of Owego as an historic district if a majority
of properties therein:
(1)Â
Contain properties which meet one or more of the criteria for designation
as a landmark and which may have within its boundaries other properties
or structures that, while not of such historic and/or architectural
significance to be designated as landmarks, nevertheless contribute
to the overall visual characteristics of the landmark or landmarks
located within the historic district; and
(2)Â
Constitute a unique section of the Village of Owego by reason of
possessing those qualities that would satisfy such criteria.
C.Â
Interior landmark: The Village Board may, with the property owner's
consent, 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, city, state or nation and:
D.Â
Scenic landmark: The Village Board may designate a landscape feature
or group of features. Recommendations for designation must be accompanied
by such historical and architectural information as is required by
the Village Board to make an informed recommendation concerning the
application, together with any fee set by the Village of Owego Mayor
and Board of Trustees.
E.Â
Districts and designated landmarks. The districts and landmarks over
which the Commission shall initially exercise interpretation as regards
historic preservation are as follows: The Central Historic Business
District as defined on the National Register of Historic Places; all
the properties on Front Street east from number 218 to and including
number 442; all the properties on the south side of Front Street west
of the Court Street Bridge; all the properties on the north side of
Front Street west of number 145; all the properties on the north side
of Main Street commencing with number 207 and east to and including
number 405; all the properties on the south side of Main Street commencing
with the southeast corner of Church Street and Main Street east to
and including number 408; the structures on the properties on Church
Street numbered 20 and 30; the structures on the properties on Temple
Street numbered 138 and 142; the structures on the properties on Paige
Street between Front Street and East Temple Street; all the properties
on John Street between Front Street and Main Street; all the properties
on Spencer Avenue between Main Street and Temple Street; and the properties
on Ross Street between Front Street and Main Streets numbered 15,
16, 18, 19, 25, 27, 29, 30 and 34.
The Village Board shall designate individual landmarks or historic
districts in the following manner:
A.Â
Initiation of proposed designation. Designation of an individual
historic landmark or historic district may be proposed by the Village
Board, the Commission, or by the owner of the property. Designation
of an historic district may also be proposed by 51% or more of the
owners of street frontage in the area proposed to be designated.
B.Â
Public hearing; general notice.
(1)Â
Upon receipt of a full application, the Village Board shall refer
the application to the Commission for an advisory opinion. No later
than 60 days after receipt of the full application, the Village Board
shall schedule a joint public hearing with the Commission on the application.
Public notice of any such hearing shall be given by publication in
a newspaper of general circulation within the Village of Owego at
least 10 days prior to the public hearing date.
(2)Â
The Village Board shall require submission of written comments on
the application prior to designation of any landmark, interior landmark,
scenic landmark, or historic district.
(3)Â
The Village Board, Commission, property 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 resource, individual, landmark
or historic district.
C.Â
Notice of public hearing.
(1)Â
Notice of public hearing for a proposed designation shall be sent
by regular mail to the owners of properties located within the area
of the proposed historic district at least 10 days prior to the date
of the public hearing. Such notice shall include a description of
the properties proposed for designation and state the time and place
where any public hearing to consider such designation will be held
by the Village Board.
D.Â
Work moratorium: Once the Village Board has issued notice of a proposed
designation it may put in place a moratorium prohibiting any work
relating to the individual landmark or district proposed for designation
as long as the proposed designation is under active consideration
by the Village Board and until it has made its decision on designation.
E.Â
Record: The Village Board shall compile a public record in support
of its delineation of a resource, landmark or historic district. In
addition to testimony or documentary evidence received at any public
hearing, the record may also contain reports, public comments, expert
testimony, or other evidence offered outside of the hearing, but submitted
for the Village Board's consideration by the date of the hearing.
At a minimum, the record of the delineation shall contain the application,
Village Board, Commission, and/or staff reports, any comments made
on the application at the public hearing, and the Commission's
recommendation to the Board of Trustees of the Village of Owego to
approve, approve with modifications, or deny the application requesting
designation.
F.Â
Village decision: Within 30 days after the close of the public hearing,
the Commission shall render an advisory opinion to the Village Board
regarding the proposed designation. Within 32 days of receiving said
advisory opinion, the Village Board shall by local law undertake a
designation in whole or in part, or shall disapprove in entirety,
setting forth in writing the reasons for the decision. Within seven
days, the Village Board shall send notice of its designation to the
applicants and the owners of the designated property by certified
mail/return receipt requested or in the case of an approved historic
district, the Village Board shall send notice by certified mail/return
receipt requested to the applicants and owners of all properties within
the approved district.
G.Â
The Village Board may agree with the applicant in writing to extend
the time period within which a recommendation will be made.
H.Â
The Village Board shall forward notice of each property designated
as an individual landmark and the boundaries of each designated historic
district to the Building Department and Planning Department and Village
of Owego Clerk and County Clerk for recordation.
I.Â
Failure to send notice. Failure to send any notice by mail to any
property owners where the address of such owner is not a matter of
property tax records shall not invalidate any proceedings in connection
with the proposed designation.
J.Â
Amendment or rescission. The Village Board may amend or rescind any
designation of an individual landmark or historic district in the
same manner and procedure as followed for designation.
A.Â
The Village of Owego Historic Preservation Commission is responsible
for the approval or disapproval of proposals for exterior changes
to an historic property designated under this chapter. No person shall
carry out any exterior alteration, restoration, reconstruction, demolition,
new construction, moving or removal of a designated historic landmark
or property within a designated historic district without first obtaining
a certificate of appropriateness that authorizes such work from the
Commission.
B.Â
All changes to Village of Owego-owned property affecting an individual
landmark or within an historic district shall be subject to the provisions
of this chapter.
C.Â
The Department of Public Works shall receive and file all applications
issued for any individual landmark, or landmarks or historic district
to which this chapter applies. The Building Department shall transmit
a copy of any such application to the Commission.
D.Â
The Commission may require that the application for certificate of
appropriateness be supplemented by such additional information or
materials as may be necessary for a complete review. The Commission
may impose such reasonable conditions or restrictions as it deems
necessary or appropriate on a case-by-case basis to promote or achieve
the purpose of this chapter.
A.Â
Certificate of appropriateness; general criteria: The Commission
shall approve the issuance of a certificate of appropriateness only
if it or they, as the case may be, determines that the proposed work
will not have a substantial adverse effect on the aesthetic, historical,
or architectural significance and value of the individual landmark
or if the proposed work is within an historic district, proposed work
will not have a substantial adverse effect on the aesthetic, historical,
or architectural significance of the property itself, the district
or neighboring properties in such district.
B.Â
In making this determination, the decision to approve, approve with
modification(s), or deny an application for a certificate of appropriateness
for an individual landmark, interior landmark, or scenic landmark
will be guided by the Secretary of the Interior's Standards for
Rehabilitation and by the following principles:
(1)Â
The decision to approve, approve with modification(s), or deny an
application for a certificate of appropriateness for an improvement
to property located within an historic district shall be based on
the following principles:
(a)Â
Properties which contribute to the character of the historic
district shall be retained, with their historic features altered as
little as possible;
(b)Â
Any alteration of existing properties shall be compatible with
the surrounding historic district; and
(c)Â
New construction shall be compatible with the historic district
in which it is located;
C.Â
In applying the principle of compatibility set forth in Subsection B of this section, the following factors shall be considered:
(1)Â
The general design and character of the proposed alteration or new
construction relative to existing features of the property or improvement;
(2)Â
The scale and visual compatibility of the proposed alteration or
new construction in relation to the property itself, surrounding properties,
and the neighborhood;
(3)Â
Texture and materials, and their relation to similar features of
the property and other properties in the neighborhood;
(4)Â
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; and
(5)Â
The importance of historic physical and visual features to the significance
of the property.
D.Â
In approving an application for a certificate of appropriateness,
the reviewing body or officer shall find that the building or structure
for which the permit was requested, if erected or altered in accordance
with the submitted plan or with stated modifications, would be consistent
with the spirit and intent of this chapter, would not be visually
offensive or inappropriate by reason of poor quality of exterior design,
monotonous similarity or visual discord in relation to the sites or
surroundings, would not mar the appearance of the area, would not
impair the use, enjoyment and desirability or reduce the values of
properties in the area, would not be detrimental to the character
of the neighborhood, would not prevent an appropriate development
and utilization of the site or of adjacent lands and would not adversely
affect the functioning, economic stability, prosperity, health, safety
and general welfare of the community.
E.Â
Where the Commission grants a certificate of appropriateness under
circumstances where the permitted activity is likely to uncover or
affect archaeological resources, it shall require reasonable efforts
to protect and preserve such resources. Where such protection and
preservation is not feasible, the Commission shall nonetheless impose
appropriate and reasonable conditions to insure that the archaeological
resource is made accessible for a reasonable period to qualified persons.
F.Â
In approving an application for a certificate of appropriateness,
the reviewing body or officer shall not review paint color choices,
but may review design decisions.
A.Â
Prior to the commencement of any work requiring a certificate of
appropriateness, the property owner shall file an application for
a building permit with the Village of Owego Department of Public Works
and an application for such certificate with the Commission.
B.Â
The application for certificate of appropriateness shall contain:
(1)Â
Name, address, and telephone number of applicant;
(2)Â
Building permit application number as assigned by the Building Department;
(3)Â
Location and photographs of property;
(4)Â
Elevation drawings of proposed changes, if available;
(5)Â
Perspective drawings, including relationship to adjacent properties,
if available;
(6)Â
Samples of building materials to be used;
(7)Â
Where the proposal includes signs or lettering, a scale drawing showing
the type of lettering to be used, all dimensions, a description of
materials to be used, method of illumination, and a plan showing the
sign's location on the property; and any other information which
the Commission may deem necessary in order to visualize the proposed
work.
C.Â
Upon receipt of all the information required herein, the Commission
shall deem the application complete and shall place the application
on the agenda of the next meeting of the Commission.
D.Â
Upon submission of a complete application, the Commission shall have
the authority to, without public hearing and notice:
(1)Â
Determine whether the proposed work constitutes ordinary maintenance
and repair for which a certificate of appropriateness is not required;
(2)Â
Approve work which is considered replacement-in-kind;
(3)Â
Approve work that is of any other type that has been previously determined
by the Commission to be appropriate for delegation to staff.
E.Â
The Commission is required to report to the Mayor and the Board of
Trustees on a monthly basis on all activities for which applications
were submitted and decisions were made without any public hearing
and notice.
A.Â
Upon application for a certificate of appropriateness, public notice
of the proposal shall be posted by the owner or owner's representative
on the property for a minimum of 10 days. This notice must remain
in place until a decision to approve or deny the certificate of appropriateness
has been made. The notice shall specify the proposed work, the time
and place of the public hearing, and to whom and by when any public
comments are to be communicated. The notice must be placed at or near
the property line in the front yard so that it will be plainly visible
from the street, and, in cases where a property has frontage on more
than one street, an additional sign must be placed at or near the
property line on any additional street frontage so that the sign will
be plainly visible from the street on which it has such additional
frontage.
B.Â
The Commission shall hold a public hearing prior to rendering a decision
on any application for a certificate of appropriateness. Notice of
the public hearing shall be published in a newspaper of general circulation
in the Village at least 10 calendar days prior to the public hearing
date. The notice shall specify the time and place of the public hearing,
a brief description of the proposal, and the location where the proposal
may be reviewed prior to the hearing. The property owner and any interested
party may present testimony or documentary evidence regarding the
proposal at the hearing, which will become a part of the record. The
record may also contain staff reports, public comments, and other
evidence offered outside of the hearing, but presented by the hearing
date.
C.Â
Within 62 days after the close of the public hearing, the Commission
shall approve, approve with conditions or modifications, request additional
information, or deny the certificate of appropriateness.
D.Â
In the event, however, that the Commission shall make a finding of
fact that the circumstances of a particular application require further
time for additional study and information than can be obtained within
the aforesaid sixty-two-day period after close of the public hearing,
then the Commission shall have a period of up to one additional sixty-two-day
period from the date of any such finding within which to act upon
such an applications.
E.Â
All decisions shall be in writing. A copy shall be sent to the applicant
by certified mail/return receipt requested or courier service with
proof of delivery or personal service with proof of delivery, and
a copy filed with the Department of Public Works and the Village of
Owego clerk for public inspection, within 10 days of the date of the
decision. The decision shall state the reasons for denying or modifying
any application.
F.Â
Upon approval of any certificate of appropriateness, the property
owner shall visibly display such certificate at the work site, and
such certificate shall remain visible until the authorized work has
been completed.
A.Â
Once the Commission has received a complete application requesting
a certificate of appropriateness it may request the Mayor and Board
of Trustees to adopt a temporary moratorium prohibiting the issuance
of any building permits or demolition permits, relating to any property
or resource that is the subject of the application, by the building
official and/or other agencies as long as the application is under
active consideration by the Commission and until the Commission has
made its decision.
B.Â
The Commission's request for a temporary moratorium shall include
the reasons the Commission deems the imposition of such a temporary
moratorium is in the best interest of the public or to preserve the
historic landmark or district. Copies of the Commission's request
for imposition of a temporary moratorium shall be sent to the applicant
by certified mail/return receipt requested or hand-delivered to the
applicant's representative of record.
C.Â
An applicant for a certificate of appropriateness may petition the
Mayor and the Board of Trustees for the lifting of any temporary moratorium
to allow certain work to proceed pending the Commission's determination
to approve, approve with modification(s) or to deny the application,
if such work would not affect the historic features under consideration.
The applicant shall send a copy of the petition with all supporting
documents to the Commission. Before the Mayor and Board of Trustees
renders a decision on the applicant's petition, it shall hold
a hearing if requested by the Commission or member of the public.
D.Â
The certificate of appropriateness required by this chapter shall
be in addition to and not in lieu of any building permit or other
land use approval that may be required by any other local law or regulation
of the Village of Owego, New York.
Certificates of appropriateness shall be valid for 24 months,
after which time the owner shall apply for a new certificate if he/she
still wishes to undertake work on the property. At least two months
prior to expiration of the twenty-four-month period the owner may
apply in writing to the Commission for an extension and shall explain
the reasons for the extension request. Up to two extensions of six
months each may be granted before such request shall be treated as
a new application for a new certificate of appropriateness.
A.Â
An applicant whose certificate of appropriateness for a proposed
alteration has been denied may apply to the Commission for relief
on the ground of economic hardship. In order to prove the existence
of economic hardship related to a proposed alteration, the applicant
shall establish that the denial of a certificate of appropriateness
will prevent the property owner from earning a reasonable return on
investment, regardless of whether that return represents the most
profitable return possible.
B.Â
As promptly as is practicable after making a preliminary determination
of hardship as provided in this chapter, the Commission, with the
aid of such experts as it deems necessary, shall, in consultation
with the applicant, endeavor to develop a plan whereby the improvement
may be preserved and perpetuated in such manner as to effectuate the
purpose of this chapter, and also rendered capable of earning a reasonable
return.
C.Â
Consultation; plan development. The applicant shall consult in good
faith with the Commission, local preservation groups, and other interested
parties in a diligent effort to seek an alternative that will result
in appropriate preservation of the property. The consulting parties
may include interested purchasers, as well as preservation and other
interested organizations, public agencies, developers, real estate
agents and individuals who may be instrumental in developing an economically
feasible solution.
D.Â
Economic hardship; criteria. Following the denial of a certificate
of appropriateness, the applicant may request a certificate of economic
hardship. In all cases other than a proposed demolition, removal or
relocation, the applicant shall prove the existence of economic hardship
by demonstrating to the Commission that:
(1)Â
The applicant cannot realize a reasonable return if compliance with
the Commission's decision is required; provided, however, that
the lack of reasonable return is proven by the applicant to be substantial
as demonstrated by competent financial evidence;
(2)Â
That the alleged hardship relating to the property in question is
unique, and does not apply to a substantial portion of the district
or neighborhood;
(3)Â
That the requested relief, if granted, will not alter the essential
character of the neighborhood; and
(4)Â
That the alleged hardship has not been self-created.
E.Â
The Commission, in the granting of a certificate of economic hardship,
shall grant the minimum terms deemed necessary and adequate to address
the unnecessary hardship proven by the applicant, and at the same
time preserve and protect the character of the neighborhood and the
health, safety and welfare of the community.
F.Â
Public hearing.
(1)Â
The Commission may hold a public hearing on the hardship application
at which an opportunity will be provided for the applicant and public
to present their views on the hardship application.
(2)Â
If no public hearing is held, the Commission must render a decision
on the hardship application within 62 days following its receipt of
a complete application.
(a)Â
A complete application includes the conclusion of all activities under Subsection C initiated to consult with necessary parties to determine whether the property may be preserved or rehabilitated in a manner that alleviates the hardship that would otherwise result while substantially accomplishing the goals of this chapter.
(b)Â
A complete application also includes receipt by the Commission
of all submissions necessary to meet the applicant's burden of
proof.
(c)Â
Following the submission of a complete application, the Commission
may schedule a public hearing within a reasonable time and determine
within 62 days following to the close of any public hearing held on
the application whether the applicant has met his or her burden of
proof.
G.Â
Commission decision.
(1)Â
If the Commission finds that the applicant's burden of proof
has not been met, the Commission shall deny the application for a
certificate of economic hardship.
(2)Â
If the Commission finds that the applicant's burden of proof
has been met, the Commission shall issue a preliminary determination
of landmarks or economic hardship within 62 days of the close of any
public hearing held on the application or within 62 days after the
Commission has received a complete application.
(3)Â
Within 62 calendar days following the Commission's preliminary
determination of economic hardship the Commission must make a final
determination.
(4)Â
A decision of the Commission on the hardship application shall be
in writing and shall state the reasons for granting or denying it.
A copy shall be sent to the applicant by certified mail/return receipt
requested or courier service with proof of delivery or personal service
with proof of delivery and a copy filed with the Village/Town/City
Clerk's office for public inspection.
H.Â
No building permit or other land use approvals shall be issued unless
the Commission grants the hardship application. If the hardship application
is granted, the Commission shall approve only such work as is necessary
to alleviate the hardship.
A.Â
Demolition, removal or relocation of an individual landmark or of
a structure located in and contributing to the significance of an
historic district shall be allowed only in case of economic hardship,
unless the Building Department, upon due deliberation, has made an
express written finding that the structure presents an imminent threat
to the public health, safety and welfare.
B.Â
Any person desiring to demolish, remove or relocate a designated
historic building shall first file an application for demolition with
the Building Department and an application for a certificate of appropriateness
for demolition, removal or relocation with the Commission. An applicant
must submit the following items:
(1)Â
Current level of economic return;
(2)Â
Amount paid for the property, date of purchase, party from whom purchased,
and relationship between the owner of record, the applicant, and person
from whom property was purchased;
(3)Â
Annual gross and net income from the property for the previous three
years; itemized operating and maintenance expenses for the previous
three years, and depreciation deduction and annual cash flow before
and after debt service, if any, during the same period;
(4)Â
Remaining balance on the mortgage or other financing secured by the
property and annual debt-service, if any, during the prior three years;
(5)Â
Real estate taxes for the previous four years and assessed value
of the property according to the two most recent assessed valuations;
(6)Â
All appraisals obtained within the last two years by the owner or
applicant in connection with the purchase, financing, or ownership
of the property;
(7)Â
Form of ownership or operation of the property, whether sole proprietorship,
for-profit or not-for-profit corporation, limited partnership, joint
venture, or other;
(8)Â
Any state or federal income tax returns relating to the property
for the last two years;
(9)Â
Any listing of property for sale or rent, price asked, and offers
received, if any, within the previous two years, including testimony
and relevant documents regarding: (a) any real estate broker or firm
engaged to sell or lease the property, (b) reasonableness of price
or rent sought by the applicant, or (c) any advertisements placed
for the sale or rent of the property;
(10)Â
Feasibility of alternative uses for the property that could
earn a reasonable economic return;
(11)Â
Report from a licensed engineer or architect with experience
in rehabilitation as to the structural soundness of any buildings
on the property and their suitability for rehabilitation;
(12)Â
Cost estimates for the proposed construction, alteration, demolition,
or removal, and an estimate of any additional cost that would be incurred
to comply with the requirements for a certificate of appropriateness;
(14)Â
Expert testimony or opinion on the feasibility of rehabilitation
or reuse of the existing structure by an architect, developer, real
estate consultant, appraiser, and/or other real estate professional
experienced in historic properties and rehabilitation;
(15)Â
Any evidence of self-created hardship through deliberate neglect
or inadequate maintenance of the property; and
(16)Â
Economic incentives and/or funding available to the applicant
through federal, state, city, or private programs.
C.Â
Demolition, removal or replacement of any such building may be approved
only in connection with approval of a replacement project.
D.Â
The Commission shall hold a public hearing and shall take one of
the following actions:
E.Â
During the continuance period, the Commission may investigate relocation
of the building (on site) or modification of the building for future
uses in a way which preserves the architectural and historical integrity
of the building.
A.Â
An applicant whose request for a certificate of appropriateness for
demolition, removal or relocation has been denied may apply for relief
on the ground of economic hardship. In order to prove the existence
of economic hardship sufficient to justify demolition, removal, or
relocation, the applicant shall establish that the denial will prevent
the property owner from earning a reasonable return on investment,
regardless of whether that return represents the most profitable return
possible.
B.Â
The applicant must establish, to the Commission's satisfaction,
an imminent plan of reuse or redevelopment of the affected property.
(1)Â
The applicant shall also establish that:
(a)Â
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible;
and
(b)Â
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)Â
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
(2)Â
In deciding upon such application for removal, relocation or demolition,
the Commission may consider whether the owner has created his own
hardship through waste and neglect, thereby permitting the property
to fall into a serious state of disrepair.
C.Â
Before approving the relief for economic hardship, the Commission
may suspend the application for up to 180 days to allow the applicant
to consult in good faith with the Commission, local preservation groups,
and the public in a diligent effort to seek a less intrusive alternative
to demolition.
A.Â
Ordinary maintenance; repair.
(1)Â
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of an
historic landmark or property within an historic district that does
not involve a change in design, building materials, or outward appearance.
(2)Â
The Commission may evaluate and decide, without public hearing, whether
or not proposed work constitutes ordinary maintenance and repair or
requires a certificate of appropriateness.
B.Â
No owner or person with an interest in real property designated as
an individual landmark or included with an historic district shall
permit the property to fall into a serious state of disrepair. Maintenance
shall be required, consistent with the Property Maintenance Code of
New York State Uniform Fire Prevention and Building Code and all other
applicable local regulations.
C.Â
Every owner or person in charge of an improvement on a landmark site
or in an historic district shall keep in good repair:
(1)Â
All of the exterior portions of such improvements; and
(2)Â
All interior portions thereof which, if not so maintained, may cause
or tend to cause the exterior portions of such improvement to deteriorate,
decay or become damaged or otherwise to fall into a serious state
of disrepair. Examples of types of prohibited disrepair include, but
are not limited to:
(a)Â
Deteriorated or crumbling exterior plasters, mortar or facades;
(b)Â
Deteriorated or inadequate foundation;
(c)Â
Defective or deteriorated flooring or floor supports or any
structural floor members of insufficient size to carry imposed loads
with safety;
(d)Â
Deteriorated walls or other vertical structural supports that
split, lean, list or buckle due to defective material or deterioration;
(e)Â
Members of ceilings, roofs, ceiling and roof supports or other
horizontal members which sag, split or buckle due to defective material
or deterioration or are of insufficient size to carry imposed loads;
(f)Â
Ineffective or inadequate waterproofing of exterior walls, exterior
chimneys, roofs, foundations or floors, including windows or doors,
which may cause or tend to cause deterioration, decay or damage;
(g)Â
Defective or insufficient weather protection for roofs, foundation
or exterior wall covering, including lack of paint or weathering due
to lack of paint or other protective covering, which may cause or
tend to cause deterioration, decay or damage;
(h)Â
Fireplaces or chimneys which list, bulge or settle due to defective
material or deterioration or are of insufficient size or strength
to carry imposed loads with safety;
(i)Â
Any fault or defect in the building or structure which renders
it not properly watertight or otherwise compromises the life and character
of the building or structure.
D.Â
Interiors: Every owner or person in charge of an improvement to an
interior landmark shall keep in good repair:
E.Â
Every owner or person in charge of a scenic landmark shall keep in
good repair all portions thereof.
A.Â
All work performed pursuant to a certificate of appropriateness issued
under this chapter shall conform to the requirements expressly stated
in the certificate or reasonably implied therefrom. It shall be the
duty of the Building Inspector to periodically inspect any such work
to assure compliance with the certificate and all applicable law.
In the event any requirement included in the certificate of appropriateness
has not been met, or upon notification of that fact by the Historic
Preservation Commission, the Building Inspector 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.
B.Â
Any owner or person in charge of a property who demolishes, alters,
constructs, or permits a designated property to fall into a serious
state of disrepair in violation of this chapter in the absence of
a certificate of appropriateness, a finding of economic hardship,
or other approval by the Commission, may be required by the Village
of Owego Mayor and Board of Trustees to restore the property and its
site to its appearance prior to the violation.
C.Â
If, in the judgment of the Commission, a violation of this chapter
exists that will result in a detrimental effect upon the life and
character of a designated historic resource, landmark, property or
on the character of an historic district as a whole, the Commission
shall notify the building inspector. If, upon investigation, the building
inspector finds noncompliance with the requirements of the Property
Maintenance Code of the New York State Fire Prevention and Building
Code, or any other applicable law or regulation, the building inspector
shall order such remedies as are necessary and consistent with this
chapter and shall provide written notice thereof to the secretary
of the Commission.
D.Â
Penalties. A violation of this chapter is deemed an offense punishable
by a civil fine, criminal imprisonment or both, as set forth below.
Each week's continued violation shall constitute a separate,
additional violation.
(1)Â
First offense: A first conviction for violation of this chapter may
result in a fine not exceeding $250.
(2)Â
Second offense: A second conviction for violation of this chapter,
excepting those second convictions constituting a continued violation,
if the occurrence that leads to conviction began within a period of
five years from the date of first conviction, may result in a fine
not less than $250 nor more than $500 or imprisonment for a period
not to exceed 15 days, or both;
(3)Â
Third offense: A conviction for a third or subsequent offense, excepting
those third or subsequent offenses constituting a continued violation,
all of which were committed within a period of five years from when
the occurrence leading to the first conviction began, shall include
a fine of not less than $500 nor more than $1,000 or imprisonment
for a period not to exceed 15 days, or both.
(4)Â
In addition to any penalties imposed under this chapter, continued
violations of this chapter shall be punishable in any other manner
provided under other local law, and state and federal law.
E.Â
The Commission shall notify the Mayor and the Board of Trustees of
an enforcement matter arising under this chapter and shall refer it
to the Village Attorney. Action to enforce this chapter shall be brought
by the Village of Owego Attorney.
Any person aggrieved by a decision of the Commission relating
to a certificate of economic hardship or a certificate of appropriateness
may, within 30 days of the decision, file a written appeal to the
Village of Owego Mayor and Board of Trustees for review of the decision.
Appellate review shall be based on the same record that was before
the Commission and using the same criteria in this chapter.
As used in this chapter, the following words and phrases have
the following meaning:
The act or process of acquiring fee title or other interest
in real property, including acquisition of development rights or remainder
interest.
Any act or process that changes one or more of the exterior
architectural features of a building or structure by adding to, joining
with or increasing the size or capacity of the building or structure.
Any act or process, other than demolition or preventative
maintenance, that changes the exterior appearance of significant historical
or architectural features, or the historic context of a designated
landmark, including, but not limited to, exterior changes, additions,
new construction, erection, reconstruction, or removal of the building
or structure, or grading.
Especially suitable or compatible.
The quality of a building or structure based on its date
of erection, style and scarcity of same, quality of design, present
condition and appearance or other characteristics that embody the
distinctive characteristics of a type, period or method of construction.
The lawmaking or legislative body of a city, town, village
or county. In towns, the mayor and board of trustees is the town board;
in villages, the village board of trustees; in cities, the common
council or the city council; and, in counties, the county legislature
or the board of supervisors.
Any construction created to shelter any form of human use,
such as a house, garage or barn, and which is permanently affixed
to the land. Building may also refer to an historically related complex,
such as a house and a barn.
The person, or his or her designee, authorized and certified
to enforce the New York State Fire Prevention and Building Code. The
person, or his or her designee, who is also authorized by the Mayor
and Board of Trustees to enforce this chapter, except where another
official is expressly authorized.
The person, or his or her designee, authorized to grant permits
for construction, alteration, and demolition pursuant to the codes
adopted by the Village of Owego.
An official form issued by the Village of Owego Historic
Preservation Commission stating that the proposed work on a designated
historic landmark is compatible with the historic character of the
property and thus in accordance with the provisions of this chapter
and therefore: (1) the proposed work may be completed as specified
in the certificate; and (2) the Village of Owego's departments
may issue any permits needed to do the work specified in the certificate.
An official form issued by the Commission when the denial
of a certificate of appropriateness has deprived, or will deprive,
the owner of the property of all reasonable use of, or economic return
on, the property.
Any alteration, demolition, removal or construction involving
any property subject to the provisions of this chapter.
Defined by form, proportion, structure, plan, style or material.
General character refers to ideas of design and construction such
as basic plan or form. Specific character refers to precise ways of
combining particular kinds of materials.
The Historic Preservation Commission established pursuant to § 126-4 of this chapter.
In harmony with location, context, setting, and historic
character.
The act of constructing an addition to an existing structure
or the erection of a new principal or accessory structure on a lot
or property.
Any act or process that removes or destroys in whole or in
part a building, structure, or resource.
A permit issued by the building official allowing the applicant
to demolish a building or structure, after having received a certificate
of demolition approval from the Commission.
The process by which the significance and integrity of a building, structure, object, or site is judged by an individual who meets the professional qualification standards published by the National Park Service at 36 CFR Part 61 as determined by the State Historic Preservation Office, using the designation criteria outlined in § 126-11 of this chapter.
The architectural style, design, general arrangement and
components of all of the outer surfaces of any building or structure.
Elements embodying the historical significance or architectural
style, design, general arrangement and components of all of the exterior
surfaces of any landmark or historic resource, including, but not
limited to, the type of building materials, and type and style of
windows, doors, or other elements related to such landmark or historic
resource.
A unit created for planning purposes that groups information
about historic properties based on a shared theme, specific time period
and geographical area.
An area designated as an historic district by this historic
preservation local law, and which contains within definable geographic
boundaries a significant concentration, linkage or continuity of sites,
buildings, structures, or objects united historically or aesthetically
by plan or physical development. An historic district designated under
this chapter shall not to be construed as a zoning district of the
Village of Owego, and nothing contained herein shall be construed
as authorizing the Commission to adopt a law, bylaw or regulation
that regulates or limit the height and bulk of buildings, regulates
and determine the area of yards, courts and other open spaces, regulates
density of population or regulates or restricts the locations of trades
and industries or creates zoning districts for any such purpose.
Original or old building materials (masonry, wood, metals,
marble) or construction.
The retention of sufficient aspects of location, design,
setting, workmanship, materials, feeling or association for a property
to convey its historic significance.
A building, district, site, structure or object significant
in American history, architecture, engineering, archeology or culture
at the national, state, or local level.
The Historic Preservation Commission appointed by the Village
of Owego Mayor and Board of Trustees.
A district, site, building, structure, or object significant
in American history, architecture, engineering, archeology, or culture
at the national, state, or local level.
Any evaluated building, structure, object, or site that potentially meets the designation criteria outlined in § 126-11.
The process of systematically identifying, researching, photographing,
and documenting historic resources within a defined geographic area,
and the resulting list of evaluated properties that may be consulted
for future designation. For the purpose of this chapter, all surveys
shall be conducted in accordance with the Secretary of the Interior's
Standards and Guidelines for Identification and Evaluation, as may
be amended.
The quality of a place, site, building, district or structure
based upon its identification with historic persons or events in the
Village of Owego.
The authenticity of a property's historic identity,
evidenced by the survival of physical characteristics that existed
during the property's historic or prehistoric period.
Interior landmarks are noted for the portions of their interior
that are open to the public.
A list of historic properties determined to meet specified
criteria of significance.
Any building, structure or site that has been designated as a "landmark" by the Village of Owego governing board, pursuant to procedures described in § 126-11 that is worthy of preservation, restoration or rehabilitation because of its historic or architectural significance.
A permit approving an alteration to or demolition of a landmark,
or demolition of an historic resource listed in the heritage resource
inventory pursuant to the provisions of this chapter.
The formal entry or registration of a property.
To keep in an existing state of preservation or repair.
Any change, modification, restoration, rehabilitation, or
renovation of the features of an historic resource that does not materially
change the historic characteristics of the property.
Any relocation of a building or structure on its site or
to another site.
The established criteria for evaluating the eligibility of
properties for inclusion in the National Register of Historic Places.
The official inventory of the nation's historic properties,
districts, sites, districts, structures, objects and landmarks which
are significant in American history, architecture, archaeology, and
culture, maintained by the Secretary of the Interior under the authority
of the Historic Sites Act of 1935 and the National Historic Preservation
Act of 1966 (16 USC. 470 et seq.,[1] 36 CFR 60 and 63, as may be amended).
A feature, addition or building, structure, object or site
which does not add to the sense of historical authenticity or evolution
of an historic resource or landmark or where the location, design,
setting, materials, workmanship, history, and/or association of the
feature, addition or building, structure, object or site has been
so altered or deteriorated that the overall integrity of that historic
resource or landmark has been irretrievably lost.
Constructions that are primarily artistic in nature or are
relatively small in scale and simply constructed. Although it may
be moveable by nature or design, an object is associated with a specific
setting or environment. Examples include boundary markers, mileposts,
fountains, monuments, and sculpture. This term may include landscape
features.
Those individuals, partnerships, corporations, or public
agencies holding fee simple title to property, as shown on the records
of the Property Records Section of the Village of Owego.
The length of time when a property was associated with important
events, activities, or persons, or attained characteristics which
qualify it for landmark status. "Period of significance" usually begins
with a date when significant activities or events began giving the
property its historic significance; this is often a date of construction.
The act or process of applying measures necessary to sustain
the existing form, integrity, and materials of an historic property.
Work, including preliminary measures to protect and stabilize the
property, generally focuses upon the ongoing maintenance and repair
of historic materials and features rather than extensive replacement
and new construction. New exterior additions are not within the scope
of this treatment; however, the limited and sensitive upgrading of
mechanical, electrical, and plumbing systems and other code-required
work to make properties functional is appropriate within a preservation
project.
Any work to prevent deterioration or damage to the structural
integrity or any exterior feature of a landmark or historic resource
that does not involve a change in design, material or exterior appearance.
Such work includes, but is not limited to, painting, roof repair,
foundation or chimney work, or landscape maintenance.
A grouping of individual properties based on a set of shared
physical or associative characteristics.
The act or process of making possible a compatible use for
a property through repair, alterations, and additions while preserving
those portions or features of the property which convey its historical,
architectural and cultural values.
Acts of ordinary maintenance that do not include a change
in the design, material, form, or outer appearance of a resource,
such as repainting. This includes methods of stabilizing and preventing
further decay, and may incorporate replacement in-kind or refurbishment
of materials on a building or structure.
The act or process of accurately depicting the form, features,
and character of a property as it appeared at a particular period
of time by means of the removal of features from other periods in
its history and reconstruction of missing features from the restoration
period. The limited and sensitive upgrading of mechanical, electrical,
and plumbing systems and other code-required work to make properties
functional is appropriate within a restoration project.
The act of keeping an element, detail or structure and continuing
the same level of repair to aid in the preservation of elements, sites,
and structures.
An addition which is made without damage to the project's
original condition.
Scenic landmarks encompass structures that are not buildings,
such as bridges, piers, parks, cemeteries, sidewalks, clocks, and
trees.
Principles developed by the National Park Service (36 CFR
68.3, as may be amended) to help protect historic properties by promoting
consistent preservation practices and providing guidance to historic
building owners and building managers, preservation consultants, architects,
contractors, and project reviewers on how to approach the treatment
of historic properties. The Secretary of the Interior Standards for
the Treatment of Historic Properties may also be referred to in this
chapter as "Secretary of the Interior's Standards."
Having particularly important associations with the contexts
of architecture, history and culture.
The location of a significant event, a prehistoric or historic
occupation or activity, or a building or structure, whether standing,
ruined or vanished, where the location itself maintains historical
or archaeological value regardless of the value of any existing buildings,
structures or other objects. Examples of a site are a battlefield,
designed landscape, trail, or camp site.
The act or process of applying measures designed to reestablish
a weather resistant enclosure and the structural stability of an unsafe
or deteriorated property while maintaining the essential form as it
exists at present.
Any assemblage of materials forming a construction framed
of component structural parts for occupancy or use, including buildings.
A type of architecture distinguished by special characteristics
of structure or ornament and often related in time; also a general
quality of distinctive character.
Any project or other action involving the expansion, modification,
development or disposition of the physical plant or any site or building.
[1]
Editor's Note: 16 U.S.C. § 470-1 et seq. was
repealed 12-19-2014.