[HISTORY: Adopted by the Board of Trustees of the Village
of Pittsford 1-22-2019 by L.L.
No. 1-2019[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law was originally adopted as Ch.
211 but was redesignated for organizational purposes.
A.Â
Title. This chapter shall be known as and may be cited as the "Village
of Pittsford Historic and Architectural Preservation Local Law."
B.Â
Purpose. The Village of Pittsford Board of Trustees finds that there
exist within the Village of Pittsford places, sites, structures, and
buildings of historical and/or architectural significance, antiquity,
uniqueness of exterior design or construction, which should be conserved,
protected and preserved to maintain the architectural character of
Pittsford Village (as an Historic District in the National Register
of Historic Places in 2015), 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 utilization of buildings,
structures, signs, features, improvements, sites, and areas within
the Village that reflect special elements of the Village's historical,
architectural, cultural, economic or aesthetic heritage for the following
reasons:
(1)Â
To foster public knowledge, understanding, and appreciation of the
historical and architectural character of the Village and in the accomplishments
of its past;
(2)Â
To ensure the harmonious, orderly, and efficient growth and development
of the Village;
(3)Â
To enhance the visual character of the Village by encouraging new
design and construction that complements the Village's buildings;
(4)Â
To protect and promote the economic benefits of historic and architectural
preservation to the Village, its inhabitants and visitors;
(5)Â
To protect property values in the Village;
(6)Â
To promote and encourage continued private ownership and stewardship
of historic buildings within the Village;
(7)Â
To identify as early as possible and resolve conflicts between the
preservation of buildings and structures in the Village and alternative
land uses; and
(8)Â
To conserve valuable material and energy resources by ongoing use
and maintenance of the existing built environment.
C.Â
Enabling authority. Pursuant to Article 5, § 96-a; Article 5-G, Article 5-J and Article 5-K and § 119-dd of the General Municipal Law; Article 14 of the Parks, Recreation and Historical Preservation Law; and § 10 of the Municipal Home Rule Law; it is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of buildings and structures in the Village of Pittsford are necessary to promote the cultural, economic and general welfare of the public.
A.Â
Existing designations continued. The Village of Pittsford Board of
Trustees previously determined that the entirety of the Village shall
be included within a historic district. The Board of Trustees hereby
determines to continue such designation. Due to the unique characteristics
of the Village, the Board of Trustees determines that all Village
buildings or structures constitute contributing buildings or structures
to an historic district. Thus, the provisions of this chapter apply
to the entirety of the corporate limits of the Village and to all
buildings and structures therein. Any prior landmark designations
shall be continued.
B.Â
Criteria and designation of landmarks or historic districts. The
commission shall delineate landmarks or historic districts and recommend
them to the Village Board of Trustees for designation under local
law.
(1)Â
Individual Landmark: The commission may delineate an individual property
as an individual landmark if it:
(a)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;
(b)Â
Is identified with persons or events significant in local, state
or national history;
(c)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 building;
(d)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
(e)Â
Has yielded or may be likely to yield information important
in prehistory or history.
(2)Â
Historic District: The commission may (designate/delineate) a group
of properties within the Village as an historic district if a majority
of properties therein:
(a)Â
Contains buildings or structures which meet one or more of the
criteria for designation as a landmark and which may have other buildings
or structures that, while not of 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
(b)Â
Constitute a unique section of the Village by reason of possessing
those qualities that would satisfy such criteria.
(3)Â
Ordinarily, properties that have achieved significance within the
past 50 years are not considered eligible for delineation under this
landmarks preservation local law or local law adopted by the Village
governing board. However, such properties will qualify if they are:
As used in this chapter, the following words and phrases have
the following meaning:
A change to a building or structure affecting exterior architectural
features including but not limited to demolition, partial demolition,
removal, relocation, replacement, rehabilitation, additions, and also
included but not limited to changes in appearance and/or materials
of any exterior architectural feature of any building or structure.
Any structure having a roof, enclosed by walls, and intended
for the shelter, housing or enclosure of humans.
An official form issued by the Village stating that a proposed
alteration to or construction of a building or structure in the Village
of Pittsford is 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's departments may issue any
permits needed to do the work specified in the certificate.
An official form issued by the Board 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.
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.
In harmony with location, context, setting, and historic
character.
The act of constructing an addition to an existing building
or structure or the erection of a new principle or assessory building
or structure on a lot or property located in the Village.
Any act or process that removes or destroys in whole or in
part a building, structure, or resource.
The architectural style, design, general arrangement, components
and building materials of all of the outer surfaces of any building
or structure.
A grouping of historical properties based on a shared theme,
specific time period and geographic area.
The area within the corporate limits of the Village of Pittsford,
New York.
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.
The quality of a place, site, building, district or structure
based upon its identification with historic persons or events in the
Village of Pittsford.
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.
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.
Any relocation of a building or structure on its site or
to another site.
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 U.S.C. § 470 et seq., 36 CFR Sections 60,
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.
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.
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.
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.
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.
Principles developed by the National Park Service 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.
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.
Anything constructed or erected which requires permanent
location on the ground or attachment to something having such location.
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.
A.Â
Members and terms. The Architectural and Preservation Review Board,
as currently constituted, shall continue and be designated as the
Historic Preservation Review Board (the "Board"). The Board shall
be composed of five members, appointed by the Mayor subject to approval
of the Village of Pittsford Board of Trustees. The terms of Board
members shall be three years and expiration of members' existing terms
shall remain unchanged from the former Architectural and Preservation
Review Board.
(1)Â
Two members of the APRB may reside outside of the Village provided
that such a member is a resident of the town and county wherein the
Village is located.
B.Â
Qualifications of Board members. Board members shall have interest,
experience, and training in historic preservation and planning, as
determined by the Mayor and Board of Trustees.
C.Â
Vacancies. Vacancies occurring on the Board other than by expiration
of a term of office shall be filled by appointment of the Mayor pursuant
to the New York State Village Law. Any such appointment shall be for
the unexpired portion of the term of the replaced member.
D.Â
Training and attendance requirements.
(1)Â
Each member of the Board 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 Village Board of Trustees and may include,
but not be limited to, training provided by a municipality, regional
or county planning office or board, 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. No member of the Board may also serve
as a member of the Village of Pittsford Board of Trustees, Planning
Board, Zoning Board of Appeals, in any Village department or official.
(2)Â
To be eligible for reappointment to the Board, a member shall have
completed the training approved as set forth above.
(3)Â
The training may be waived or modified by resolution of the Village
Board of Trustees when, in the judgment of the Board of Trustees,
it is in the best interest to do so.
(4)Â
No decision of the Board shall be voided or declared invalid because
of a failure to comply with this subdivision.
E.Â
Alternates. Alternates may be appointed and designated pursuant to Chapter 9 of the Village of Pittsford Code.
F.Â
Board organization.
(1)Â
Chairperson; designation and duties. The Mayor and the Village of Pittsford Board of Trustees shall, pursuant to New York State Village Law, designate the Chairperson of the Board. The Chairperson shall be designated from the existing members of the Board. Such designation may be changed at any time by the Mayor and the Village of Pittsford Board of Trustees. In the absence of such designation, the Chairperson of the Board shall be designated from amongst the members by an affirmative vote of a majority of the members of the Board, and may be changed at any time by an affirmative vote of a majority of the members of the Board. The Chairperson shall have the right to vote on all matters before the Board. In the Chairperson's absence, the Board may designate an acting Chairperson by affirmative vote of a majority of the Board. All meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine pursuant to Subsection F(4) hereinafter. Such Chairperson, or in his or her absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses.
(2)Â
Secretary. The Village of Pittsford Board of Trustees shall appoint
a secretary to serve as secretary to the Board. At the time of service,
the secretary shall not also serve as member of the Board. The secretary
shall keep a record of all resolutions proceedings, and actions of
the Board, as well as attendance of Board members.
(3)Â
Quorum. A simple majority of the Board members shall constitute a
quorum for the transaction of business. An affirmative vote of a majority
of the full Board is required to approve any resolution, motion, or
other matter before the Board.
(4)Â
Meetings. The Board shall meet at least monthly, but meetings may
be held at any time on the written request of any two Board members
or at the call of the Chairperson.
G.Â
Records and annual report.
(1)Â
The Board is subject to the New York Freedom of Information Law and
the Open Meetings Law. The vote or failure to vote of each Board member
shall be recorded. If any Board 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.
(2)Â
Annual reports. The Board shall submit an annual report of its activities
to the Mayor and each member of the Village of Pittsford Board of
Trustees and make such recommendations to the Village Board as the
Board deems necessary to carry out the purposes of this chapter.
(3)Â
Minutes. The Board's minutes, including a record of the Board's decisions
and determinations, shall be filed with the Village of Pittsford Board
of Trustees as they are completed.
H.Â
Recommendations for the promulgation of regulations and the Board's
adoption of bylaws. The Board may recommend to the Board of Trustees
of the Village of Pittsford regulations relating to any subject matter
over which the Board has jurisdiction under this chapter. The Board
may approve bylaws that are consistent with the regulations adopted
by the Village of Pittsford Board of Trustees.
I.Â
General and advisory powers of the Board.
(1)Â
From time to time, recommend to the Board of Trustees of the Village
of Pittsford any changes and amendments appropriate and necessary
with regard to this chapter.
(2)Â
Review any local laws or regulations, including existing landmarks
or historic preservation laws or regulations in the Village of Pittsford,
and recommend to the Village of Pittsford Board of Trustees any changes
and amendments thereto.
(3)Â
Recommend to the Village of Pittsford Board of Trustees additional
regulations to be adopted by local law that may be necessary for the
Board to conduct its business, consistent with the scope and intent
of this local chapter.
(4)Â
Recommend to the Village of Pittsford 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.
(5)Â
Recommend to the Village of Pittsford Board of Trustees additional
criteria to be adopted by local law to be used when evaluating applications
for a certificate of appropriateness.
(6)Â
Recommend to the Village of Pittsford Board of Trustees proposals
for the acquisition of preservation easements or other interests in
real property.
(7)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 Pittsford landmarks
preservation policies, regulations and local law as needed, provided
the total expenditures of said Board shall not exceed the appropriation
provided by the Village of Pittsford Board of Trustees together with
any public or private grant funding received by the Village of Pittsford
for the Board to undertake its landmarks preservation powers and duties.
(8)Â
The Board may investigate, report, testify and recommend to the Planning
Board, the Zoning Board of Appeals, the Village Board of Trustees,
and any Village department or official on matters, permits, authorizations
and other actions that affect buildings, structures, and places within
the district including any and all matters over which the HPRB has
jurisdiction pursuant to this chapter.
(9)Â
The Board may retain engineering, architectural, historical, planning, technical, environmental, legal consultant or attorney that shall be reasonably necessary to enable the Board to review any applications before it. The fee for the services for any of the above shall be determined and paid pursuant to the terms and provisions of § 210-19.5 of the Pittsford Village Code or any successor code section or sections thereto.
J.Â
Administrative review power. In accordance with this chapter and
any regulations adopted by the Village of Pittsford Board of Trustees
for historic preservation purposes, the Board shall use the standards
set forth in this chapter, the Secretary of the Interior's Standards
for Rehabilitation, the Village of Pittsford Design Guidelines, and/or
any other locally developed standards for review to:
(1)Â
Evaluate and render a determination upon an application for a certificate
of appropriateness: approve, approve with modifications or conditions,
or deny any such application.
(2)Â
Evaluate and render a determination upon an application for a certificate
of economic hardship; approve, approve with modifications or conditions,
or deny any such application.
(3)Â
Perform other functions that the Village of Pittsford Board of Trustees
may designate by local law.
K.Â
Cooperation of Village boards and officials. All Village departments,
officials, and boards shall, upon request of the Board, assist and
furnish available permits, plans, reports, maps, and statistical and
other information which the Board may require for its work.
A.Â
A certificate of appropriateness is required for the alteration of
any exterior architectural feature of any building or structure in
the Village of Pittsford and for construction of any building or structure
in the Village of Pittsford that is, in any respect, visible from
a public street, public or private park, the Erie Canal, or any other
public or private space that is accessible to the public.
B.Â
All changes to Village- or other municipality-owned property affecting
an individual landmark or within a historic district shall be subject
to the provisions of this chapter.
C.Â
No building permit or demolition permit shall be issued absent compliance
with this chapter.
A.Â
Certificate of appropriateness; general criteria. The Board shall
approve the issuance of a certificate of appropriateness only if it
determines that the proposed work will not have a substantial adverse
effect on the aesthetic, historical, or architectural significance
and value of the property itself, the district or neighboring properties
in such district.
B.Â
Specific criteria. In making its decision to approve, approve with
modification(s) and/or conditions, or deny an application for a certificate
of appropriateness, the Board shall apply the Secretary of the Interior's
Standards for Rehabilitation and any regulations adopted by the Village
of Pittsford Board of Trustees for historic preservation purposes,
the Village of Pittsford Design Guidelines, any other locally developed
standards for review, and the following standards:
(1)Â
Properties in the Village shall be retained as appropriate pursuant
to the standards for review enumerated by this section with their
exterior architectural features altered only in conformity with those
same standards.
(2)Â
Any alteration to any exterior architectural feature of any building
or structure in the Village and any construction of any building or
structure in the Village of Pittsford shall be compatible with properties
in the Village. In applying the principles of compatibility, the Board
shall consider the following factors:
(a)Â
The general design and character of the proposed alteration
or construction relative to existing features of the property or improvement,
surrounding properties, the neighborhood and the Village.
(b)Â
The mass and scale of the proposal.
(c)Â
The neighborhood context.
(d)Â
The scale and visual compatibility of the proposed alteration
or construction in relation to the property itself, surrounding properties,
the neighborhood and the Village.
(e)Â
Texture and materials, and their relation to similar features
of the property, other properties in the neighborhood and the Village.
(f)Â
Visual compatibility with surrounding properties and properties
in the Village, 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 and the
Village, including setbacks.
(g)Â
The importance of historic physical and visual features to the
significance of the property.
(h)Â
Exterior architectural features shall be repaired rather than
replaced whenever possible. In the event that replacement of such
exterior architectural feature is necessary, the new material shall
match the material being replaced in kind including composition, design,
texture and other visual qualities.
(i)Â
Any other factors relevant to the proposed alteration or construction.
(3)Â
Demolition or partial demolition may be permitted only after the
replacement exterior architectural feature or building or structure
has been approved.
(4)Â
In approving an application for a certificate of appropriateness,
the Board 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 and/or conditions, will
be consistent with the spirit and intent of this chapter, will not
be detrimental to the character of the neighborhood, will not result
in inappropriate development, and utilization of the site or of adjacent
lands and will not adversely affect the functioning economic stability,
prosperity, health, safety and general welfare of the community.
(5)Â
Where the Board grants a certificate of appropriateness under circumstances
where the permitted activity is likely to uncover or affect archaeological
resources, the Board shall require reasonable efforts to protect and
preserve such resources. Where such protection and preservation is
not feasible, the Board shall nonetheless impose appropriate and reasonable
conditions to insure that the archaeological resource is made accessible
for a reasonable period to qualified persons.
(6)Â
In approving an application for a certificate of appropriateness,
the Board shall not review changes to exterior paint colors, but shall
approve color changes involving permanent or long-lasting materials.
A.Â
Concurrently with an application for a building permit, the property
owner or their designee shall file a letter application for a certificate
of appropriateness with the Board and the Secretary. Such application
shall contain:
(1)Â
The name, address, and telephone number of the applicant.
(2)Â
The building permit application number as assigned by the Building
Department.
(3)Â
The location and photographs of property.
(4)Â
Dimensioned elevation drawings of proposed changes.
(5)Â
Perspective drawings, including relationship to adjacent properties.
(6)Â
Samples of building materials to be used, including their proposed
color.
(7)Â
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, the method of illumination, and a plan showing
the sign's location on the property; and any other information which
the Board may deem necessary in order to visualize the proposed work.
(8)Â
Other materials and information as required by the Board.
(9)Â
A statement regarding compliance with the New York State Environmental
Quality Review Act ("SEQRA").
(10)Â
A verification from the Village Clerk's Office that the proposed
project has received any and all other approvals from any and all
Village Boards and officials as required by the Code of the Village
of Pittsford.
B.Â
Completeness determination. Upon receipt of all the information required
herein, the authorized official shall deem the application complete
and shall place the application on the agenda of the next meeting
of the Board, provided all materials have been received by the Board
and the authorized official at least two weeks prior to the Board's
meeting. If the materials have been received less than two weeks prior
to the next Board meeting, the matter will be placed on the following
meeting agenda.
C.Â
Notice. In addition to any other notice required by law, upon submittal
of an application for a certificate of appropriateness, the applicant
shall cause a notice to be posted on the property for a minimum of
10 days prior to the meeting at which the application is first considered.
An affidavit of posting shall be submitted to the Board upon the Board's
request. This notice must remain in place until a decision has been
made on the application. The notice shall specify the proposed work
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.
D.Â
Decisions. The Board may approve, approve with modifications and/or
conditions, or deny an application for a certificate of appropriateness.
All decisions of the Board shall be in writing. A copy shall be sent
to the applicant by mail, and a copy filed with the Building Inspector
and Village Clerk for public inspection. The Board's decision shall
state the reasons for approving, approving with modifications and/or
conditions, or denying any application.
E.Â
Durational limitation. Certificates of appropriateness shall expire
after one year if work has not commenced in furtherance thereof.
A.Â
An applicant whose certificate of appropriateness for a proposed
alteration or new construction of a property has been denied may apply
for relief on the ground of economic hardship.
B.Â
Consultation required. As promptly as is practicable after receiving
an application for hardship relief as provided in this chapter, the
Board, with the aid of such experts as it deems necessary, shall,
in consultation with the applicant, endeavor to develop a plan whereby
the property or properties 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. 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.
C.Â
Application contents. An application hereunder must contain, at a
minimum, the following information:
(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,
forprofit 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;
(13)Â
Estimated fair market value of the property: (a) in its current
condition; and (b) after any modification proposed by the application
for 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.
D.Â
In order to prove the existence of economic hardship related to a
proposed alteration or new construction, the applicant shall establish
the following factors:
(1)Â
The applicant cannot realize a reasonable return if compliance with
the Board'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;
(4)Â
That the alleged hardship has not been self-created;
(5)Â
The character of the request is the minimum necessary to achieve
reasonable relief from the alleged hardship; and
E.Â
Public hearing required. Following the submission of a complete application for hardship relief, the Board shall schedule a public hearing on 10 days' public notice pursuant to the terms and provisions of Pittsford Village Code § 210-31.2 or any successor section thereto.
F.Â
Decision. If the Board finds that the applicant's burden of proof
has not been met, the Board shall deny the application for a hardship
relief. If the Board finds that the applicant's burden of proof has
been met, the Board shall issue a determination granting the hardship
relief and shall issue a certificate of hardship. The parameters of
the hardship relief, and any modifications and/or conditions imposed,
shall be set forth in writing.
A.Â
Ordinary maintenance and repair:
(1)Â
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature that
does not involve a change in design, building materials, color, or
outward appearance.
(2)Â
The Building Inspector/Code Enforcement Officer, if necessary with
the advice and consent of the Board, shall evaluate and decide 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 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 a structure in the Village shall
keep in good repair:
(1)Â
All of the exterior and 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 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
In the event that the Board determines that any exterior architectural
feature of any building or structure located in the Village of Pittsford
has deteriorated in violation of the ordinary maintenance and repair
requirements of this article, then the Board shall forward such determination
to the Board of Trustees of the Village of Pittsford for further action.
E.Â
In the event that the Board of Trustees of the Village of Pittsford
receives a determination from the APRB as referenced in the preceding
subsection, then the Board of Trustees shall direct the Building Inspector
to issue a notice and order requiring the owner or any person with
an interest in such real property to remediate and repair the deteriorated
exterior architectural feature so as to bring it into compliance with
this section. Such notice and order shall set forth a deadline for
compliance. In the event that the subject property is not brought
into compliance by the established deadline, then the Village, or
its duly authorized representative, may enter on such property and
correct such violation. The total cost for the correction of such
a violation, including any and all attorney's fees, shall be assessed
upon the real property where the violation was corrected. Such total
cost shall constitute a lien and charge on the real property on which
it was levied until paid or otherwise satisfied or discharged and
should be collected by the Village Treasurer in the manner provided
by law for the correction of delinquent taxes.
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. It shall be the duty of the Building Inspector
to periodically inspect any such work to assure compliance with the
certificate and all applicable laws. In the event any requirement
included in the certificate of appropriateness has not been met, or
upon notification of that fact by the Board, 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 state
of disrepair in violation of this local law in the absence of a certificate
of appropriateness, a certificate of hardship, or other approval by
the Board, may be required by the Village 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 Board, a violation of this chapter exists
that will result in a detrimental effect upon the life and character
of a building or structure in the Village, the Board 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, including this chapter, 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 Board.
D.Â
Any person who violates any provision of this chapter shall, upon
conviction thereof, be subject to a fine of not less than $100 nor
more than $250 for conviction of a first offense; for conviction of
a second offense, both of which are committed within a period of five
years, subject to a fine not less than $250 nor more than $500; upon
conviction of a third offense, all of which were committed within
a period of five years, subject to a fine not less than $500 nor more
than $750; and upon conviction for a fourth or subsequent offense,
all of which were committed within a period of five years, subject
to a fine of not less than $750 nor more than $1,000. Each day's continued
violation of this chapter shall constitute a separate additional offense.
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 regulations and state and federal law.
[Amended 4-28-2022 by L.L. No. 6-2022]
E.Â
Injunction. The Village Board of Trustees may authorize the commencement
of an action in Supreme Court, Monroe County to enforce any provision
of this chapter. Any such enforcement action shall be in addition
to, and not in lieu of, any other enforcement mechanism available
at law or equity.
