[HISTORY: Adopted by the Board of Trustees
of the Village of Williamsville 6-8-2020 by L.L. No. 9-2020.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law repealed former
Ch. 47, Historic Preservation, adopted 6-10-1996 as L.L. No. 3-1996,
as amended.
This chapter shall be known and may be cited as the "Village
of Williamsville Historic Preservation Local Law."
A.
The Village of Williamsville Board of Trustees (the "Village Board")
finds that there exist within the Village 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, 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.
B.
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 that reflect special elements of the
Village's historical, architectural, cultural, economic or aesthetic
heritage for the following reasons:
(1)
To foster public knowledge, understanding, and appreciation in the
beauty and character of the Village and in the accomplishments of
its past;
(2)
To ensure the harmonious, orderly, and efficient growth and development
of the Village;
(3)
To enhance the visual character of the Village by encouraging new
design and construction that complements the Village's historic
buildings;
(4)
To protect and promote the economic benefits of historic preservation
to the Village, its inhabitants and visitors;
(5)
To protect property values in the Village;
(6)
To promote and encourage continued private ownership and stewardship
of historic structures;
(7)
To identify as early as possible and resolve conflicts between the
preservation of historic landmarks and/or districts and alternative
land uses; and
(8)
To conserve valuable material and energy resources by ongoing use
and maintenance of the existing built environment.
Pursuant to Article 5, § 96-a; and Article 5-K, § 119-dd
of the General Municipal Law; Article 14 of the Parks, Recreation
and Historic Preservation Law; 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 landmarks and
historic districts are necessary to promote the cultural, economic
and general welfare of the public.
There is hereby continued the Village of Williamsville Historic
Preservation Commission (the "Commission") created under Local Law
No. 4 of 1983, which shall be constituted as follows:
A.
Membership: The Commission shall consist of seven members and two
alternate members.
B.
Appointments: Members of the commission shall be appointed by the
by the Village Board. No person appointed to the Commission can also
serve as a member of the Village Board.
C.
Term of office: The terms for all members of the Commission shall
be as specified by the Board of Trustees. Unless removed, each member
shall serve until the appointment of a successor, notwithstanding
the expiration of said member's term.
D.
Qualifications: To the extent practicable, Commission members shall
be required to have the following expertise:
(1)
At least one member shall be a historian;
(2)
At least one member shall be an architect;
(3)
At least one member shall be an archeologist;
(4)
At least one member shall be a member of the Village Planning and
Architectural Review Board;
(5)
At least one member shall be a member of the Village Zoning Board
of Appeals;
(6)
At least one member shall be a state-licensed real estate professional;
(7)
At least one member shall have 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;
(8)
All members shall have a known interest in historic preservation
and planning within the Village; and
E.
Vacancies: Vacancies occurring on the Commission other than by expiration
of term of office shall be filled by appointment of the Mayor, subject
to approval of the Village Board. 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.
F.
Removal: The Mayor, subject to the approval of the Village Board,
shall have the power to remove, after public hearing, any member of
the Commission for cause. Cause for removal shall include, but shall
not be limited to, noncompliance with the minimum requirements relating
to meeting attendance and training as established herein.
G.
Compensation: Members of the Commission shall serve without compensation.
H.
Training and attendance requirements:
(1)
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 Village Board and may include, but
is not be limited to, training provided by a municipality, regional
or county planning office or commission, zoning board of appeals,
planning board, county planning federation, state agency, statewide
municipal association, college, attorney 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)
To be eligible for reappointment to the Commission, a member shall
have completed the training approved by the Village Board. However,
the training requirement may be waived or modified by resolution of
the Village Board when, in the judgment of the Village Board, it is
in the best interest to do so.
(3)
Each member of the Commission shall regularly attend meetings of
the Commission. Failure of any member to attend a regularly scheduled
meeting of the Commission on more than three occasions within one
calendar year shall constitute sufficient cause for removal of such
member.
A.
Chairperson; designation and duties.
(1)
The Commission shall designate the Chairperson of the Commission
by majority vote of the members of the Commission.
(2)
The Chairperson shall have the right to vote in all matters before
the Commission.
(3)
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.
(4)
The Chairperson, or in his or her absence, the Vice Chairperson or
acting Chairperson, as the case may be, may administer oaths and compel
the attendance of witnesses.
B.
Vice Chairperson; acting Chairperson.
(1)
The Commission may designate a Vice Chairperson of the Commission
by a majority vote of the Commission membership, who shall exercise
all of the duties of the Chairperson in the event the Chairperson
is unavailable or unable to exercise such duties for any reason.
(2)
In the event the Chairperson and Vice Chairperson, if any, are absent
from any Commission meeting, the members of the Commission shall,
by a majority vote of such members in attendance at said meeting,
designate an acting Chairperson, who shall exercise all duties of
Chairperson for the duration of said meeting.
C.
Secretary: The Village Board shall appoint a Secretary to the Commission,
which person shall not simultaneously serve as a member of the Commission.
The Secretary shall keep a record of all resolutions, proceedings
and actions of the Commission, including the attendance of Commission
members.
D.
Quorum: A simple majority of the Commission members shall constitute
a quorum for the transaction of business. An affirmative majority
vote of the full Commission is required to approve any resolution,
motion or other matter before the Commission.
A.
Records. The Commission is subject to the provisions of the Public
Officers Law, including Article 6 (the Freedom of Information Law).
The Commission records shall be readily available to the public for
review and copying unless exempt from public disclosure as required
or authorized by law.
B.
Annual reports: The Commission shall submit an annual report of its
activities to the Village Board and shall make such recommendations
to the Village Board as the Commission deems necessary to carry out
the purposes of this chapter.
A.
Regulations: The Commission may recommend to the Village Board regulations
relating to any subject matter over which the Commission has jurisdiction
under this chapter. Any such recommendation may be adopted by the
Village Board by local law or resolution, as appropriate.
B.
Bylaws. The Commission may approve bylaws that are consistent with
the regulations adopted by the Village Board. Such bylaws shall provide
for the time and place of holding regular meetings; and may provide
for the calling of special meetings by the chairperson or by written
request of at least two members of the Commission.
C.
Meetings. Regular meetings shall be held at least once a month. All
regular or special meetings of the Commission shall be noticed and
conducted consistent with all applicable provisions of the New York
Open Meetings Law (Article 7 of the Public Officers Law).
D.
Voting. 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.
The Commission may establish permanent or ad hoc committees
consisting of not less than three current members of the Commission
for assignments assigned to it by the full Commission. The Commission
may appoint non-Commission members to serve on such committees in
an ex officio capacity.
A.
General and advisory powers. The Commission shall, from time to time:
(1)
Review any local laws or regulations, including existing landmarks
or historic preservation laws or regulations in the Village, and recommend
to the Village Board any changes and amendments thereto;
(2)
Recommend to the Village Board additional regulations to be adopted
by local law or resolution that may be necessary for the Commission
to conduct its business, consistent with the scope and intent of this
chapter;
(3)
Recommend to the Village Board specific criteria for regulations
to be adopted by local law or resolution that identify and catalogue
significant historic landmarks, and from time to time advise it on
suggested changes thereto;
(4)
Recommend to the Village Board the designation of landmarks and historic
districts to be adopted pursuant to this chapter, and from time to
time changes thereto;
(5)
Maintain an inventory of locally-designated landmarks, historic resources
or districts within the Village and publicize the inventory;
(6)
Recommend to the Village Board additional criteria to be adopted
by local law or resolution to be used when evaluating applications
for a certificate of appropriateness;
(7)
Recommend to the Village Board proposals for the acquisition of preservation
easements or other interests in real property that the Commission
deems appropriate consistent with the purposes of this chapter;
(8)
Conduct investigations, prepare maps, reports and recommendations
in connection with its advisory authority relating to the planning,
development and administration of the Village historic preservation
policies, regulations and local law(s) as needed, provided the total
expenditures of said Commission shall not exceed the appropriation
provided by the Village Board together with any public or private
grant funding received by the Village for the Commission to undertake
its historic preservation powers and duties; and
(9)
Report on matters referred to it by the Village Board. The Village
Board may by resolution provide for the referral to the Commission
for a report on any matter or class of matters that impact the Village's
historic preservation local law, policies, regulations or administrative
processes before final action is taken thereon by the Village Board
or other office of the Village having final authority over said matter.
The Village Board 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 Board in
said resolution, to submit the report.
B.
Administrative reviews. In accordance with this chapter and any regulations
adopted by the Village Board for landmarks, historic districts and
historic preservation purposes, the Commission shall:
(1)
Evaluate an application for a certificate of appropriateness; approve,
approve with modifications, or deny any such application;
(2)
Evaluate an application for a certificate of economic hardship; approve,
approve with modifications, or deny any such application;
(3)
Evaluate and determine whether a proposal to make exterior changes
to a designated individual landmark or property within a designated
historic district constitutes ordinary maintenance and repair;
(5)
Perform other functions that the Village Board may delegate to the
Commission by local law or resolution.
C.
The designation of an historic district under this chapter shall not to be construed as a zoning district under Chapter 112 of the Village Code. Nothing contained in this chapter shall be construed as authorizing the Commission to adopt a law, bylaw or regulation that regulates the use or uses to which any property in such historic district may be put, regulates density of population within such historic district, or regulates or limits the height and bulk of buildings, or the area of yards, courts and other open spaces, applicable to all properties within such historic district.
All Village departments, officers and personnel shall, upon
request of the Commission, assist and furnish available permits, plans,
reports, maps and statistical and other information which the Commission
may require for its work.
The Commission shall delineate landmarks or historic districts
and recommend them to the Village Board for designation, pursuant
to the procedures and criteria provided herein.
A.
Individual landmark: The Commission may recommend an individual property
be designated as an individual landmark if it:
(1)
Exemplifies or possesses special character, or historic or aesthetic
interest of value as part of the political, economic, or social history
of the Village;
(2)
Is identified with persons or events significant in local, state,
or national history;
(3)
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)
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;
and/or
(5)
Has yielded or may be likely to yield information important in prehistory
or history.
B.
Historic district. The Commission may recommend a group of properties
within the Village for designation as an historic district if a majority
of properties therein:
(1)
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)
Constitute a unique section of the Village by reason of possessing
those qualities that would satisfy such criteria.
C.
Interior landmark: The Commission may recommend 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, and:
D.
Scenic landmark: The Commission may recommend a landscape feature
or group of features for designation as a scenic landmark. Recommendations
for designation must be accompanied by such historical and architectural
information as is required by the Commission to make an informed recommendation
concerning the application.
E.
Ordinarily, properties that have achieved significance within the
past 50 years are not considered eligible for designation under this
chapter. However, such properties will qualify if they are:
The Commission shall recommend for designation as individual
landmarks or historic districts in the following manner:
A.
Initiation of proposed designation. Designation of a landmark or
historic district may be proposed in writing, in a manner proscribed
by the Commission, by the Commission, the owner of the property, or
by any resident of the Village.
B.
Notice of proposed designation. Except in the case of a proposed designation of a landmark initiated by the owner thereof, within 10 days of the receipt of a written application as provided in Subsection A above or the proposed designation adopted by a majority vote of the members of the Commission at a regular or special meeting of the Commission, the Village Clerk will transmit notice of the proposed designation to the record owner(s) of the proposed landmark or any property located in the proposed historic district. Such notice shall advise said owner(s) of the date of the public hearing, if any has yet been scheduled, and of the prohibition against making any alteration to the proposed landmark or property located in the proposed historic district, except as otherwise authorized herein, pending the final determination on proposed designation.
C.
Public hearing by Commission; notice.
(1)
Within a reasonable time after receipt of a full application or other
matter referred to it, but not more than 60 days after such date,
the Commission shall schedule a public hearing on any proposed landmark
or historic district designation.
(2)
Notice of such hearing shall be given by publication in a newspaper
of general circulation within the Village at least 10 days prior to
the public hearing date. 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 Commission.
(3)
Unless the notice described in Subsection B above included notice of such public hearing, notice of the public hearing shall also be mailed to the record owner(s) of the proposed landmark or any property within a proposed historic district at least 10 days prior to the date of the public hearing.
(4)
The 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 landmark or historic district.
D.
Work moratorium: The Commission shall promptly provide a copy of
any notice of proposed designation to the Code Enforcement Officer.
Once the Commission has issued notice of a proposed designation, no
building or demolition permits shall be issued by the Code Enforcement
Officer for any work requiring such permit, except for emergency repairs,
until a final determination on the proposed designation has been made.
E.
Commission record: The Commission shall compile a public record in
support of its designation 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 Commission's consideration by the date of the hearing.
At a minimum, the record of the designation shall contain the application,
Commission and/or staff reports, any comments made on the application
at the public hearing, and the Commission's determination regarding
the proposed designation.
F.
Commission recommendation: Within 32 days after the Commission public
hearing, which time period may be extended by mutual agreement of
the Commission and the property owner(s), the Commission shall make
a determination regarding the proposed designation. If the Commission,
by a majority vote of its members, determines to recommend the proposed
landmark or historic district to the Village Board, the Commission
shall set forth its recommendation in written form, identifying the
relevant criteria satisfied by the landmark or historic district and
the evidence relied upon in making this determination. In the case
of a proposed historic district, the Commission shall identify which
properties of structures constitute contributing structures as defined
in this chapter.
G.
Within 10 days of the Commission making its determination, the Village Clerk shall cause such determination, along with a complete record of the matter as provided in Subsection E herein, to be filed in the Office of the Village Clerk and transmit a copy of the same to the Village Board. A copy of such determination shall also be transmitted to the applicant, if any, and record owner(s) of the property at issue within the time-frame specified herein.
H.
Public hearing by Village Board; general notice.
(1)
At its discretion, the Village Board may, or, at the request of the owner(s) of any property that is the subject of such recommendation, the Village Board shall schedule a public hearing on proposed landmark of historic district designations. Public notice of any such hearing shall be given by publication in a newspaper of general circulation within the Village at least 10 days prior to the public hearing date in the same manner as provided in § 47-12C, above.
(2)
The Commission, property owners, and any interested parties may present
testimony or documentary evidence at any such public hearing which
will become part of a record regarding the historic, architectural,
or cultural importance of the proposed resource, individual, landmark
or historic district.
I.
Village Board decision: Within 32 days after receipt of the Commission's
recommendation and record or, if a public hearing is conducted, after
the close of the Village Board public hearing, which time period may
be extended by mutual agreement of the Commission and the property
owner(s), the Village Board shall by resolution designate in whole
or in part, or shall disapprove such designation, setting forth in
writing the reasons for the decision.
J.
The boundaries of each landmark or historic district designated shall
be specified in detail with reference to the tax map identification
number and shall be filed, in writing, in the office of the Village
Clerk and there made available for review by the public. The Village
Clerk shall forward notice of each property designated as a landmark
and the boundaries of each designated historic district to the Village
Building Department, Town of Amherst Assessor and Erie County Clerk
for recordation.
K.
Within 10 days of any designation made hereunder, the Village Clerk
shall transmit notice of the designation to the applicant(s) and owner(s)
of a designated property by certified mail return receipt requested
or such other means as he or she determines is appropriate, 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.
L.
Failure to send notice. Failure to send any notice by mail to any
property owner(s) where the address of such owner(s) is not a matter
of property tax records shall not invalidate any proceedings in connection
with the proposed designation.
M.
Amendment or rescission. In the same manner and using the same procedures
as followed for designation, the Commission, by a majority vote of
its members, may recommend to the Village Board to amend or rescind
the designation of an individual landmark or historic district. Upon
receipt of the public record in support of such amendment or rescission
request, the Village Board may amend or rescind any designation of
an individual landmark or historic district in the same manner and
using the same procedures as followed for designation.
A.
The Commission is responsible for the approval or disapproval of
proposals for exterior changes to a landmark or property located in
an historic district. Except as expressly authorized herein, no person
shall carry out any exterior alteration, restoration, rehabilitation,
or construction activity of a designated landmark or property within
a designated historic district without first obtaining a certificate
of appropriateness that authorizes such work from the Commission.
B.
All changes to Village owned property affecting landmark or within
an historic district shall be subject to the provisions of this chapter.
C.
The Building Department shall receive and file all applications received
for the alteration of any landmark or property within an historic
district to which this chapter applies and shall transmit a copy of
any such application to the Commission.
D.
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 by the Commission.
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.
Prior to the commencement of any work requiring a certificate of appropriateness, the property owner(s) or other person authorized by said owner(s) shall file an application for a building permit and an application for such certificate, on a form proscribed by the Commission, with the Code Enforcement Officer. Except as otherwise provided in Subsection E, a 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 applicable law or regulation. The application for certificate of appropriateness form may be obtained from the Village's website as part of Appendix B of the "Historic Landmarks Design Standards" materials.
B.
An application for certificate of appropriateness shall contain:
(1)
Name, address, and telephone number of applicant;
(2)
Building permit application number as assigned by the building department;
(3)
Location and photographs of property and adjacent properties (as
applicable);
(4)
Elevation drawings of proposed changes, if available;
(5)
Site plan drawings of proposed changes, including relationship to
adjacent properties, if available;
(6)
Landscaping plan, as applicable;
(7)
Samples of building materials to be used, including their proposed
color; and
(8)
Where the application includes sign(s) or lettering, a scale drawing
showing the type of lettering to be used, all dimensions and colors,
a description of materials to be used, method of illumination, and
a plan showing the sign's location on the property; and any other
information which the Commission may deem necessary in order to visualize
the proposed work.
C.
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.
Upon submission of a complete application, the Commission shall have
the authority, by resolution specifying the basis therefore, to:
(1)
Grant, grant with conditions or modifications, or deny the certificate of appropriateness based on the criteria set forth in § 47-15;
(2)
Determine whether the proposed work constitutes ordinary maintenance
and repair or replacement in kind for which a certificate of appropriateness
is not required; or
(3)
Approve work that is of any other type that has been previously approved
by the Commission to be appropriate for delegation to the Code Enforcement
Officer.
E.
Notwithstanding any provision of the Code to the contrary, review by the Commission of any proposed work to a landmark or property/structure within an historic district pursuant to this chapter that would otherwise be subject to site plan and/or architectural review by the Planning/Architectural Review Board pursuant to § 112-23 shall satisfy the requirements of site plan and/or architectural review, as applicable, and such project shall not be subject to further architectural review by the Planning/Architectural Review Board with respect to that work.
A.
Certificate of appropriateness; general criteria: The Commission
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 individual landmark or, if the proposed work is within
an historic district, that such 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.
In making this determination, the Commission's decision to approve,
approve with modification(s) or deny an application for a certificate
of appropriateness shall be guided by the Secretary of the Interior's
Standards for Rehabilitation, as applicable, and by the following
principles:
(1)
Features which contribute to the character of the individual landmark
or historic district shall be retained, with their historic features
altered as little as possible;
(2)
Any alteration of existing properties shall be compatible with the
historic character of the property itself and, with respect to a property
within an historic district, with the surrounding historic district;
and
(3)
New construction shall be compatible with the property on which it
is located and, with respect to a property within an historic district,
the historic district in which it is located.
C.
In applying the principle of compatibility set forth in Subsection B of this section, the Commission shall consider the following factors:
(1)
The general design and character of the proposed alteration or new
construction relative to existing features of the property or improvement;
(2)
The scale and visual compatibility of the proposed alteration or
new construction in relation to the property itself, surrounding properties,
and the neighborhood;
(3)
Texture and materials, and their relation to similar features of
the property and other properties in the neighborhood;
(4)
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;
(5)
The importance of historic physical and visual features to the significance
of the property; and
(6)
Consistency with Village of Williamsville Historic Landmarks Design
Standards, adopted September 30, 2014, as the same may be amended
from time to time, or any subsequently adopted design standards or
guidelines.
D.
Where the Commission grants a certificate of appropriateness under
circumstances where the permitted activity is likely to uncover or
affect archaeological resources, the Commission 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.
E.
A certificate of appropriateness granted hereunder shall expire six
months after the date of approval if a building permit has not been
obtained and the approved work commenced, unless at least two weeks
prior to expiration of the six-month period the owner has applied,
in writing, for an extension and shall explain the reasons for the
extension request, which request shall not be considered an application
for a new certificate of appropriateness. The Commission may grant
up to one extension of six months during which time the applicant
must complete the approved work.
A.
An applicant whose certificate of appropriateness has been denied
may apply for a certificate of economic hardship. No building permit
or other land use approvals shall be issued unless the Commission
grants the hardship application. In order to prove the existence of
economic hardship related to a proposed alteration, the applicant
must 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.
Consultation; plan development. Prior to submitting an application
for and economic hardship certificate, the applicant shall consult
in good faith with the Commission and, if requested by 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,
preservation and other interested organizations, public agencies,
developers, real estate agents and individuals who may be instrumental
in developing an economically feasible solution.
C.
Economic hardship; criteria. Following the denial of a certificate
of appropriateness, the applicant may request a certificate of economic
hardship by demonstrating to the Commission that:
(1)
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)
The alleged hardship relating to the property in question is unique,
and does not apply to a significant number of similarly situated properties;
(3)
The requested relief, if granted, will not significantly impair the
historical integrity of landmark or historic district, as applicable;
and
(4)
The alleged hardship has not been self-created.
D.
Public hearing. Following the submission of a complete application,
the Commission may, at its discretion, 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.
Public notice of any such hearing shall be given by publication in
a newspaper of general circulation with the Village, and by mailing
such notice to the applicant, at least 10 days prior to the public
hearing date.
E.
Commission decision.
(1)
The Commission shall render a decision on the hardship application
within 32 days following its receipt of a complete application or,
if a public hearing is held on such application, within 32 days following
the close of such public hearing.
(2)
A decision of the Commission on the hardship application shall be
in writing and shall state the reasons therefor. 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 preserving
and protecting the character and integrity of the landmark or the
historic district, as applicable.
(3)
Within 10 days of the Commission rendering its determination, a copy
of such determination shall be transmitted to the applicant with proof
of delivery and a copy filed with the Village Clerk's office
for public inspection.
A.
No landmark or contributing structure located in an historic district
shall be demolished or relocated unless:
(1)
The Commission grants an applicant a certificate of economic hardship
as set forth herein; or
B.
Any person desiring to demolish or relocate a landmark or contributing
structure located in an historic district shall file an application
for a certificate of economic hardship. An applicant must submit the
following items:
(1)
Current level of economic return;
(2)
Amount paid for the property, date of purchase, party from whom purchased,
and relationship between owner of record, the applicant and person
from whom property was purchased;
(3)
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)
Remaining balance on any mortgage or other financing secured by the
property and annual debt service, if any, during the prior three years;
(5)
Real estate taxes for the previous four years and assessed value
of the property according to the two most recent assessed valuations;
(6)
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)
Form of ownership or operation of the property, whether sole proprietorship,
for-profit or not-for-profit corporation, limited partnership, limited
liability company, joint venture or other entity type;
(8)
Any state or federal income tax returns relating to the property
for the last two years;
(9)
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 any real estate broker or firm engaged
to sell or lease the property, reasonableness of price or rent sought
by the applicant or any advertisements placed for the sale or renting
of the property;
(10)
Feasibility of alternative uses for the property that could
earn a reasonable economic return;
(11)
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)
Cost estimates for the proposed 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)
Estimated market value of the property in its current condition;
after completion of the proposed alteration or demolition; and after
renovation of the existing property for continued use;
(14)
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)
Documentation of other evidence of all maintenance performed
on the property by the applicant; and
(16)
Economic incentives and/or funding available to the applicant
through federal, state, or private programs; and
(17)
A plan, providing such detail as the Commission requires, for
the replacement of the structure proposed to be demolished, if any.
C.
Retention of consultants or experts.
(1)
With respect to any application to demolish or relocate a landmark or contributing structure in an historic district, the Commission may, upon a finding of necessity, hire such consultant(s) or expert(s)s as it deems appropriate to evaluate any information submitted by the applicant pursuant to Subsection B above and charge the applicant for the cost of such services as set forth herein.
(2)
For the purposes of this provision, consultant and expert shall include,
but shall not necessarily be limited to, attorneys, engineers, accountants,
financial advisors, architects, surveyors, retained by the Village
for any purpose authorized herein.
(3)
In the event the Commission determines it is necessary to retain
an expert or experts pursuant to this provision, the applicant shall
deposit with the Village funds in an amount determined by the Village
to be sufficient to reimburse the Village for the reasonable costs
of consultation and/or evaluation in connection with review of the
application. The Village will maintain a separate escrow account for
such funds.
(4)
Upon receipt of such funds, the Village Clerk shall cause the money
to be placed in an account in the name of the Village and shall keep
a separate record of all money so deposited and the name of the applicant
and the project for which the sums were deposited.
(5)
The Commission's consultant(s) and expert(s) shall invoice the
Village for services rendered in reviewing the application. The Village
shall furnish a copy of each invoice received to the applicant upon
receipt of the invoice by the Village.
(6)
The Village shall review and audit all invoices received and shall
approve payment only of such fees as are reasonable in amount and
necessarily incurred by the Village in connection with a review of
a land use application. For purposes of this chapter, a fee is reasonable
in amount if it bears a reasonable relationship to the average charge
by such an expert to the Village or others for services performed
in connection with the review of a project similar to that involved
in the land use application. In this regard, the Village may take
into consideration the size and type of project involved in the land
use application and any special conditions or considerations as the
Village may deem relevant in connection with review of the particular
land use application.
(7)
Contracts for the retention of experts shall be let pursuant to the
purchasing policy of the Village of Williamsville unless the contract
is one that must be competitively bid.
(8)
After payment of all outstanding invoices, any funds held by the
Village upon completion of a review of a land use application shall
be returned to the applicant.
D.
Public hearing.
(1)
Following the submission of a complete application, the Commission
shall hold a public hearing on the demolition application at which
an opportunity will be provided for the applicant and public to present
their views on the application for a certificate of economic hardship.
(2)
Public notice of any such hearing shall be given by publication in
a newspaper of general circulation with the Village, and by mailing
such notice to the applicant, at least 10 days prior to the public
hearing date.
E.
Within 62 days of the close of the public hearing, the Commission shall, based on the criteria set forth in Subsection F below:
F.
The Commission shall only grant of certificate of economic hardship
and approve demolition, removal or relocation if the applicant establishes,
through competent financial evidence, that it cannot earn a reasonable
return on investment, regardless of whether that return represents
the most profitable return possible. An applicant for an income-producing
property shall establish that:
(1)
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
(2)
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
(3)
In deciding upon such application for demolition, removal, or relocation,
the Commission may consider whether the owner has created his/her/its
own hardship through waste and/or neglect, thereby permitting the
property to fall into a serious state of repair.
G.
Notwithstanding any provision herein to the contrary, before approving
the removal, relocation or demolition of landmark or contributing
structure within an historic district, 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, removal or relocation.
H.
With respect to an application to demolish a landmark or contributing structure within an historic district, the Commission may during the continuance period described in § 47-18E above 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.
I.
Except as expressly provided herein, no application to demolish a landmark or contributing structure within an historic district shall be granted except in connection an approved redevelopment plan for the property in question which the Commission determines is consistent with the intent of this chapter and, with respect to an historic district, the integrity of the historic district. An application for a redevelopment plan shall include all information and materials required for an application for certificate of appropriateness and, if applicable, such information and materials as required for site plan and architectural review set forth in § 112-23E(1) and F(1).
J.
Any approval granted hereunder shall be valid for six months from
the date of issuance, after which time the owner shall apply for a
new application to demolish, remove or relocate the structure in question,
unless the applicant, at least four weeks prior to expiration of the
six-month period, requests in writing an extension, explaining the
reasons for the extension request. At its discretion, the Commission
may grant up to one extension of six months. If such extension is
granted, the demolition, removal or relocation must be completed within
the time period authorized by the extension, or the original approval
shall be null and void, and the applicant may not undertake any work
related to demolition, removal or relocation of the subject property
without obtaining a new certificate of economic hardship through the
procedures outlined above.
K.
In the case of an approved demolition, any approved redevelopment
must be completed within the time specified by the Commission in granting
the demolition permit, unless the applicant, at least four weeks prior
to expiration of the applicable period, requests in writing an extension,
explaining the reasons for the extension request, which the Commission
may grant or deny at its discretion. The failure of the applicant
to complete such approved redevelopment within the time period specified
by the Commission shall constitute a violation of § 47-20B,
and the owner may be ordered to restore the property and its site
to its appearance prior to the violation.
A.
Ordinary maintenance; repair.
(1)
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of a
landmark or property within an historic district that does not involve
a change in design, building materials, color or outward appearance.
(2)
The Commission, upon the recommendation of the Code Enforcement Officer,
may evaluate and decide whether or not proposed work constitutes ordinary
maintenance and repair or requires a certificate of appropriateness.
B.
No owner or person with an interest in real property designated as a landmark or located within an historic district shall permit the property to fall into a serious state of disrepair. Maintenance shall be required, consistent with Chapter 72 of the Village Code, the Property Maintenance Code of New York State and the New York State Uniform Fire Prevention and Building Code Act and all other applicable regulations.
C.
Every owner or person in charge of an improvement on a landmark site
or property in an historic district shall keep in good repair:
(1)
All of the exterior portions of such improvements; and
(2)
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)
Deteriorated or crumbling exterior plasters, mortar or facades;
(b)
Deteriorated or inadequate foundation;
(c)
Defective or deteriorated flooring or floor supports or any
structural floor members of insufficient size to carry imposed loads
with safety;
(d)
Deteriorated walls or other vertical structural supports that
split, lean, list or buckle due to defective material or deterioration;
(e)
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)
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)
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)
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; and/or
(i)
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.
Interiors: Every owner or person in charge of an improvement to an
interior landmark shall keep in good repair:
E.
Scenic landmarks: Every owner or person in charge of a scenic landmark
shall keep in good repair all portions thereof.
A.
All work performed pursuant to a certificate of appropriateness or
redevelopment plan approved under this chapter shall conform to the
requirements expressly stated in the certificate or approval, or reasonably
implied therefrom. It shall be the duty of the Code Enforcement Officer
to periodically inspect any such work to assure compliance with the
certificate of appropriateness, redevelopment plan approval, and all
applicable law. In the event any requirement included in the certificate
of appropriateness or redevelopment plan approval has not been met,
or upon notification of that fact by the Commission, the Code Enforcement
Officer shall issue a stop-work order and all work shall immediately
cease. No further work shall be undertaken on the property as long
as a stop-work order is in effect.
B.
Any owner or person in charge of a property subject to this chapter
who demolishes, alters, constructs, or permits a landmark or property
located in an historic district to fall into a serious state of disrepair
in violation of this chapter in the absence of a certificate of appropriateness,
a certificate of economic hardship, or other approval by the Commission,
may be required by the Code Enforcement Officer, or a court of competent
jurisdiction, to restore the property and its site to its appearance
prior to the violation.
C.
If, in the judgment of the Commission, a violation of this chapter
exists that will result in a detrimental effect upon the historical
integrity and character of a designated landmark or property located
in an historic district as a whole, the Commission shall notify the
Code Enforcement Officer. If, upon investigation, the Code Enforcement
Officer finds non-compliance with the requirements of the Property
Maintenance Code of New York State and/or the New York State Uniform
Fire Prevention and Building Code Act, or any other applicable law
or regulation, the Code Enforcement Officer shall order such remedies
as are necessary and consistent with this chapter, or, with the approval
of the Village Board, seek any remedies available from any court of
competent jurisdiction, and shall provide written notice thereof to
the secretary of the Commission.
D.
Penalties. In addition to any other penalty authorized by this chapter
or other applicable law, a violation of this chapter is deemed an
offense punishable by a fine, imprisonment or both, as follows:
(1)
First offense: A first conviction for violation of this chapter may
result in a fine not exceeding $350 or imprisonment for a period not
to exceed six months, or both;
(2)
Second offense: A second conviction for violation of this chapter,
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 $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both;
(3)
Third offense: A conviction for a third or subsequent offense 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 $700 nor more than $1,000 or imprisonment for
a period not to exceed six months, or both.
(4)
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.
E.
The Commission shall notify the Village Board of an enforcement matter
arising under this chapter and shall refer it to the Village Prosecutor.
An action to enforce this chapter shall be brought by the Village
Prosecutor, Village Attorney or other person designated by the Village
Board. Civil remedies authorized by this chapter shall be in addition
to and not in lieu of any criminal prosecution and penalty.
Any person or persons, jointly or severally aggrieved by any
final decision of the Commission or any officer, department, board
or bureau of the Village exercised under this chapter, may apply to
the supreme court for review by a proceeding under Article 78 of the
Civil Practice Law and Rules.
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.
Conversion of a building originally designed for a certain
purpose to a different purpose.
See § 15-2. For purposes of this chapter, an addition includes 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.
[Amended 6-28-2021 by L.L. No. 1-2021]
See § 15-2. For purposes of this chapter, an alteration includes any act or process, other than demolition or preventative maintenance, that removes or 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 grading.
[Amended 6-28-2021 by L.L. No. 1-2021]
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.
See § 15-2. For the purposes of this chapter, building may also refer to a historically related complex.
[Amended 6-28-2021 by L.L. No. 1-2021]
An official form issued by the Commission stating that the
proposed alteration to 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 the proposed work
may be completed as specified in the certificate; and the Village
and/or Town of Amherst's departments, as applicable, 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 person, or his or her designee, authorized to grant permits
for construction, alteration, and demolition pursuant to the codes
adopted by the Village.
The Historic Preservation Commission established pursuant to § 47-4 of this chapter and appointed by the Village Board.
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.
A structure located in an historic district that has been
determined by the Commission to substantially possess characteristics
forming the basis for the designation of the historic district.
See § 15-1.
[Amended 6-28-2021 by L.L. No. 1-2021]
A permit issued by the appropriate Village official or body
authorizing the applicant to demolish a building or structure.
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 § 47-11 of this chapter.
Architectural style, design, general arrangement and components
of the outer surfaces of an improvement, building or structure as
distinguished from the interior surfaces, including, but not limited
to the kind and texture of building material and the type and style
of windows, doors, signs and other such exterior fixtures.
The exterior of a building or structure that can be viewed.
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.
A geographically definable area so designated pursuant to
this chapter.
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.
Any evaluated building, structure, object, or site that potentially meets the designation criteria outlined in § 47-11.
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.
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.
A list of historic properties determined to meet specified
criteria of significance.
Property, object, structure or natural feature or any part
thereof so designated pursuant to this chapter.
The formal entry or registration of a property.
To keep in an existing state of preservation or repair.
Any repair that does not materially change the appearance
of the landmark in any way.
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., 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.
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, Town of Amherst or
County of Erie.
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.
Retention of essential character of an improvement, object,
building natural feature or structure as embodied in its existing
form, integrity and material. This term includes the retention of
trees, landscaping and vegetative cover of a site. This term may include
temporary stabilization work as well as on-going maintenance of historic
building materials.
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.
Land and improvements thereon.
A grouping of individual properties based on a set of shared
physical or associative characteristics.
Reproduction of the exact form and detail of a vanished building,
structure, improvement, or part thereof as it appeared at a specific
time.
A plan for the redevelopment of a property on which a landmark
or contributing structure within an historic district is located that
has been approved by the Commission as a condition for granting approval
for demolition or relocation.
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.
Any relocation of a building or structure on its site or
to another site.
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 material or
character 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.
A plot or parcel of land.
The act or process of applying measures designed to reestablish
a weather resistant enclosure and the structural stability of an unsafe
or deteriorated property.
See § 15-1. For purposes of this chapter, structure shall include but not be limited to Buildings, Walls, Fences, signs, billboards, lighting fixtures, screen enclosures and works of art.
[Amended 6-28-2021 by L.L. No. 1-2021]
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.
If any section, subsection, subdivision, paragraph, clause or
phrase in this chapter, or any part thereof, is for any reason held
to be invalid or unconstitutional, such decision shall not affect
the validity of the remaining sections or portions of this chapter,
or any part thereof. The Village Board hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence,
clause, or phrase of this chapter, irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses, or phrases may be declared invalid or unconstitutional.
