[HISTORY: Adopted by the Town Board of the Town of West Seneca 8-15-2022 by L.L. No. 11-2022. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Town of
West Seneca Landmarks Preservation Local Law."
A.
The Town Board finds that there exist within the Town of West Seneca
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 West Seneca, to contribute to the aesthetic
value of the Town and to promote the general good, welfare, health
and safety of the Town 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 Town that reflect special elements of the Town'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 Town and in the accomplishments of its
past;
(2)
To ensure the harmonious, orderly, and efficient growth and development
of the Town;
(3)
To enhance the visual character of the Town by encouraging new design
and construction that complements the Town's historic buildings;
(4)
To protect and promote the economic benefits of historic preservation
to the Town, its inhabitants and visitors;
(5)
To protect property values in the Town;
(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/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; Article 5-G, Article
5-J 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 created a Commission to be known as the "Town
of West Seneca Historic Preservation Commission (Commission)."
A.
Membership. The Commission shall consist of five members.
B.
Appointments. Members of the Commission shall be appointed by the
Town Board (two members) and the Town Supervisor (three members),
subject to approval of the Town Board. No person appointed to the
Commission can also serve as a member of the Town Board establishing
the Commission.
C.
Term of office. The terms for all members of the Commission shall
be staggered and fixed so that the term of one member shall expire
at the end of the calendar year in which all such Commission members
were initially appointed. The terms of the remaining members shall
be so fixed that one term shall expire at the end of each calendar
year thereafter.
D.
Qualifications.
(1)
To the extent possible, Commission members shall be required to have
the following expertise:
(a)
At least one shall be a historian;
(b)
At least one shall be a state-licensed real estate professional;
(c)
At least one 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;
(d)
At least one member shall be an architect or engineer;
(e)
All members shall have a known interest in historic preservation
and planning within the Town of West Seneca;
(f)
All members shall be residents of the Town of West Seneca.
E.
Vacancies. Vacancies occurring in the Commission other than by expiration
of term of office shall be filled by appointment of the Town Supervisor.
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.
Reappointment. After the initial appointments when the Commission
is first established, members may serve for no more than a maximum
of two full three-year terms before stepping down from the Commission.
A previous appointee may be reappointed after serving two terms if
the Town Board feels this is appropriate and necessary for the continued
operation of the Commission. Each member shall serve until the appointment
of a successor or until they serve two consecutive three-year terms.
The term limits imposed by this subsection may be waived or modified
by local law of the Town Board upon recommendation of the Commission
when, in the judgment of the Town Board, it is in the best interest
to do so.
G.
Compensation. Members 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 Town Board and may include, but
not be limited to, training provided by a municipality, regional or
county planning office or Commission, county planning federation,
state agency, statewide municipal association, college, or other similar
entity. Training may be provided in a variety of formats, including,
but not limited to, electronic media, video, distance learning and
traditional classroom training.
(2)
To be eligible for reappointment to the Commission, a member shall
have completed the training approved by the Town Board.
(3)
The training may be waived or modified by resolution of the Town
Board when, in the judgment of the Town Board, it is in the best interest
to do so.
(4)
No decision of the Commission shall be voided or declared invalid
because of a failure to comply with this subsection.
A.
Chairperson; designation and duties.
(1)
The chairperson of the Commission shall be designated by vote of
an affirmative majority of the members of the Commission; in absence
of a decision by the Commission, the Town Board may designate a chair.
(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. Such chairperson, or in his or her absence, the acting chairperson,
may administer oaths and compel the attendance of witnesses.
B.
Secretary. The Town Board shall appoint a secretary to serve as secretary
to the Commission. At the time of service, the secretary shall not
also serve as member of the Commission. The secretary shall keep a
record of all resolutions, proceedings, and actions of the Commission
as well as attendance of Commission members.
C.
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 shall be subject to the provisions of the
Public Officers Law, including Article 7, related to the Open Meetings
Law.[1] The Commission records shall be readily available to the
public. The vote or failure to vote of each Commission member shall
be recorded. If any Commission member abstains from voting based on
a conflict of interest or otherwise, the member must also state his
or her reason(s) or ground(s) for doing so on the record.
[1]
Editor's Note: See Public Officers Law § 100
et seq.
B.
Annual reports. The Commission shall submit an annual report of its
activities to the Town Supervisor and each member of the Town Board
and make such recommendations to the Town Board as the Commission
deems necessary to carry out the purposes of this chapter.
A.
Regulations. The Commission may recommend to the Town Board regulations
relating to any subject matter over which the Commission has jurisdiction
under this chapter. Any such recommendation may be adopted by local
law of the Town Board.
B.
Bylaws; meetings. The Commission may approve bylaws that are consistent
with the regulations adopted by the Town 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. Regular
meetings shall be held at least once a month. All regular or special
meetings of the Commission shall be consistent with the notice provisions
of the New York Open Meetings Law[1] and shall be open to the public.
[1]
Editor's Note: See Public Officers Law § 100
et seq.
The Commission may, in its bylaws, establish permanent or ad
hoc committees consisting of no less than three current members of
the Commission for assignments assigned to it by the full Commission.
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 Town, and recommend
to the Town Board any changes and amendments thereto;
(2)
Recommend to the Town Board additional regulations to be adopted
by local law that may be necessary for the Commission to conduct its
business, consistent with the scope and intent of this chapter;
(3)
Recommend to the Town Board specific criteria for regulations to
be adopted by local law that identify and catalogue significant historic
landmarks, and, from time to time, advise it on suggested changes
thereto;
(4)
Recommend to the Town Board landmarks and historic districts to be
adopted by local law, and, from time to time, changes thereto;
(5)
Maintain an inventory of locally designated historic resources or
districts within the Town and publicize the inventory;
(6)
Recommend to the Town Board additional criteria to be adopted by
local law to be used when evaluating applications for a certificate
of appropriateness;
(7)
Recommend to the Town Board proposals for the acquisition of preservation
easements or other interests in real property;
(8)
Conduct investigations, prepare reports, and make recommendations
in connection with its advisory authority relating to the planning,
development and administration of the Town landmarks preservation
policies, regulations and chapter as needed, provided the total expenditures
of said Commission shall not exceed the appropriation provided by
the Town Board together with any public or private grant funding received
by the Town for the Commission to undertake its landmarks preservation
powers and duties.
(9)
Report on matters referred to it by the Town Board. The Town Board
may, by resolution, provide for the referral to the Commission for
a report on any matter or class of matters that impact the municipality's
landmarks preservation chapter, policies, regulations, or administrative
processes before final action is taken thereon by the Town Board or
other office of said Town having final authority over said matter.
The Town 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 Town Board in said
resolution, to submit the report.
B.
Administrative reviews. In accordance with the regulations adopted
by the Town Board for landmarks and historic preservation purposes,
all applications for permits for designated buildings, including contributing
buildings in a designated historic district, shall first come to the
Historic Preservation Commission for review, and the Commission shall:
(1)
Evaluate an application for a certificate of appropriateness; approve,
approve with modifications, or deny any proposal for exterior changes
to a designated individual landmark or property within a designated
historic district resulting from any such application;
(2)
Evaluate an application for a certificate of economic hardship; approve,
approve with modifications, or deny any such application;
(3)
Evaluate an application for a certificate of appropriateness for
demolition, removal or relocation; approve, approve with modifications,
or deny any such application;
(4)
Evaluate, without public hearing, an application for ordinary maintenance
and repair of historic resources, properties or landmarks; approve,
approve with modifications, or deny any such applications;
(5)
Perform other functions that the Town Board may designate by local
law.
C.
The Commission may advise designation of an historic district under
this historic preservation chapter, and that historic district is
not to be construed as a zoning district under the Town local law.
Nothing contained in this historic preservation chapter shall be construed
as authorizing the Commission to adopt a law, bylaw or regulation
that regulates or limits the height and bulk of buildings, regulates,
and determines the area of yards, courts, and other open spaces, regulates
density of population, or regulates or restricts the locations of
trades and industries or creates zoning districts for any such purpose.
All Town departments 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 Town Board for designation under local law.
A.
Individual landmark. The Commission may delineate an individual property
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 Town;
(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;
or
(5)
Has yielded or may be likely to yield information important in prehistory
or history.
B.
Historic district. The Commission may delineate a group of properties
within the Town as an historic district if a majority of properties
therein:
(1)
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 Town by reason of possessing those
qualities that would satisfy such criteria.
C.
Interior landmark. The Commission may delineate 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 Town, state, or nation and:
D.
Scenic landmark. The Commission may delineate a landscape feature
or group of features. 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,
together with any fee set by the Town Board. The boundaries of each
landmark, interior landmark, scenic landmark, or historic district
shall be specified in detail with reference to the tax map identification
number and shall be filed, in writing, in the Town Clerk's office
and there made available for review by the public.
E.
Ordinarily, properties that have achieved significance within the
past 50 years are not considered eligible for delineation under this
landmarks preservation chapter or local law adopted by the Town Board.
However, such properties will qualify if they are:
The Commission shall delineate individual landmarks or historic
districts in the following manner:
A.
Initiation of proposed designation. Designation of an individual
historic landmark or historic district may be proposed by the Commission,
by the owner of the property, or by any resident of the Town.
B.
Public hearing; general notice.
(1)
Within a reasonable time after receipt of a full application or other
matter referred to it, the Commission shall schedule a public hearing
on all proposed resource, individual, landmark, or historic district
designations. Public notice of any such hearing shall be given by
publication in a newspaper of general circulation within the Town
at least 15 days prior to the public hearing date.
(2)
The Commission shall require submission of written comments on the
application prior to designation of any landmark, interior landmark,
scenic landmark, or historic district.
(3)
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 resource, individual, landmark, or historic
district.
C.
Notice of public hearing; multiple properties proposed for designation.
(1)
Ten properties or less. Notice of public hearing for a proposed designation
involving no more than 10 properties shall be sent by certified mail/return
receipt requested or courier service with proof of delivery or personal
service with proof of delivery to the owners of properties located
within the area of the proposed historic district at least 15 days
prior to the date of the public hearing. Such notice shall include
a description of the properties proposed for designation and state
the time and place where any public hearing to consider such designation
will be held by the Commission.
(2)
More than 10 properties. Where the proposed designation of an historic
district includes more than 10 properties and the Commission deems
individual notice infeasible, notice may instead be published at least
once in a newspaper of general circulation in the Town 15 days prior
to the date of the public hearing. The notice shall specify the time
and place of the public hearing, a brief description of the proposed
designation, and the location where the proposal may be reviewed prior
the hearing.
D.
Work moratorium. Once the Commission has issued notice of a proposed
designation it may recommend to the municipal Town Board that a moratorium
be put in place, prohibiting any work relating to the individual landmark
or district proposed for designation as long as the proposed designation
is under active consideration by the Commission and until the Commission
has made its decision on designation.
E.
Commission record. The Commission shall compile a public record in
support of its delineation of a resource, landmark, or historic district.
In addition to testimony or documentary evidence received at any public
hearing, the record may also contain reports, public comments, expert
testimony, or other evidence offered outside of the hearing but submitted
for the Commission's consideration by the date of the hearing.
At a minimum, the record of the delineation shall contain the application,
Commission and/or staff reports, any comments made on the application
at the public hearing, and the Commission's recommendation to
the Town Board of the Town to approve, approve with modifications,
or deny the application requesting designation.
F.
Town decision. Within 62 days after the close of the public hearing,
the Town Board shall, by resolution, undertake a designation, in whole
or in part, or shall disapprove in entirety, setting forth, in writing,
the reasons for the decision. Notice of the Town Board designation
shall be sent by the Commission to the applicants and owners of a
designated property by certified mail, return receipt requested, or,
in the case of an approved historic district, notice shall be sent
by the Commission to the applicants and owners of all properties within
the approved district by certified mail, return receipt requested.
G.
The Commission may agree with the applicant, in writing, to extend
the time period within which a recommendation will be made.
H.
The Commission shall forward notice of each property designated as
an individual landmark and the boundaries of each designated historic
district to the Building Department and Planning Department and Town
Clerk and County Clerk for recordation.
I.
Failure to send notice. Failure to send any notice by mail to any
property owners where the address of such owner is not a matter of
property tax records shall not invalidate any proceedings in connection
with the proposed designation.
J.
Amendment or rescission. The Commission may amend or rescind any
designation of an individual landmark or historic district in the
same manner and procedure as followed for designation.
A.
The Commission is responsible for the approval or disapproval of
proposals for exterior changes to an historic property designated
under this chapter. No person shall carry out any exterior alteration,
restoration, reconstruction, demolition, new construction, or move
of a designated historic landmark or property within a designated
historic district without first obtaining a certificate of appropriateness
that authorizes such work from the Commission.
B.
All changes to Town-owned property affecting an individual 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 issued
for any individual landmark or landmarks or historic district to which
this chapter applies. The Building Department shall transmit a copy
of any such application to the Commission.
D.
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.
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, 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 for an individual landmark, interior landmark,
scenic landmark will be guided by the Secretary of the Interior's
Standards for Rehabilitation and by the following principles:
(1)
The Commission's decision to approve, approve with modification(s)
or deny an application for a certificate of appropriateness for an
improvement to property located within an historic district shall
be based on the following principles:
(a)
Properties which contribute to the character of the historic
district shall be retained with their historic features altered as
little as possible;
(b)
Any alteration of existing properties shall be compatible with
the surrounding historic district; and
(c)
New construction shall be compatible with 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; and
(5)
The importance of historic physical and visual features to the significance
of the property.
D.
In approving an application for a certificate of appropriateness,
the Commission shall find that the building or structure for which
the permit was requested, if erected or altered in accordance with
the submitted plan or with stated modifications, would be consistent
with the spirit and intent of this chapter, would not be visually
offensive or inappropriate by reason of poor quality of exterior design,
monotonous similarity or visual discord in relation to the sites or
surroundings, would not mar the appearance of the area, would not
impair the use, enjoyment and desirability or reduce the values of
properties in the area, would not be detrimental to the character
of the neighborhood, would not prevent an appropriate development
and utilization of the site or of adjacent lands and would not adversely
affect the functioning, economic stability, prosperity, health, safety
and general welfare of the community.
E.
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 are not feasible, the Commission shall nonetheless
impose appropriate and reasonable conditions to ensure that the archaeological
resource is made accessible for a reasonable period to qualified persons.
F.
In approving an application for a certificate of appropriateness,
the Commission shall not review changes to exterior paint colors.
A.
Prior to the commencement of any work requiring a certificate of
appropriateness, the property owner shall file an application for
a building permit with the Town Building Department and an application
for such certificate with the Commission.
B.
The 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;
(4)
Elevation drawings of proposed changes, if available;
(5)
Perspective drawings, including relationship to adjacent properties,
if available;
(6)
Samples of building materials to be used, including their proposed
color;
(7)
Where the proposal includes signs or lettering, a scale drawing showing
the type of lettering to be used, all dimensions and colors, a description
of materials to be used, method of illumination, and a plan showing
the sign's location on the property, and 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 to, without public hearing and notice:
(1)
Determine whether the proposed work constitutes ordinary maintenance
and repair for which a certificate of appropriateness is not required;
(2)
Approve work which is considered replacement in kind;
(3)
Approve work that is of any other type that has been previously determined
by the Commission to be appropriate for delegation to staff.
E.
The Commission is required to report to the Town Board on a monthly
basis on all activities for which applications were submitted and
decisions were made without any public hearing and notice.
A.
Upon application for a certificate of appropriateness, public notice
of the proposal shall be posted by the owner or owner's representative
on the property for a minimum of 10 days. This notice must remain
in place until a decision to approve or deny the certificate of appropriateness
has been made. The notice shall specify the proposed work, the time
and place of the public hearing, and to whom and by when any public
comments are to be communicated. The notice must be placed at or near
the property line in the front yard so that it will be plainly visible
from the street, and, in cases where a property has frontage on more
than one street, an additional sign must be placed at or near the
property line on any additional street frontage so that the sign will
be plainly visible from the street on which it has such additional
frontage.
B.
The Commission shall hold a public hearing prior to rendering a decision
on any application for a certificate of appropriateness. Notice of
the public hearing shall be published in a newspaper of general circulation
in the Town at least 15 calendar days prior to the public hearing
date. The notice shall specify the time and place of the public hearing,
a brief description of the proposal, and the location where the proposal
may be reviewed prior to the hearing. The property owner and any interested
party may present testimony or documentary evidence regarding the
proposal at the hearing, which will become a part of the record. The
record may also contain staff reports, public comments, and other
evidence offered outside of the hearing but presented by the hearing
date.
C.
Within 62 days after the close of the public hearing, the Commission
shall approve, approve with conditions or modifications, request additional
information, or deny the certificate of appropriateness.
D.
In the event, however, that the Commission shall make a finding of
fact that the circumstances of a particular application require further
time for additional study and information than can be obtained within
the aforesaid sixty-two-day period after close of the public hearing
then the Commission shall have a period of up to one additional sixty-two-day
period from the date of any such finding within which to act upon
such an applications.
E.
All decisions of the Commission shall be in writing. A copy shall
be sent to the applicant by certified mail/return receipt requested
or courier service with proof of delivery or personal service with
proof of delivery and a copy filed with the Building Department and
Town Clerk for public inspection within 10 days of the date of the
decision. The Commission's decision shall state the reasons for
denying or modifying any application.
A.
Once the Commission has received a complete application requesting
a certificate of appropriateness it may request the municipal Town
Board to adopt a temporary moratorium prohibiting the issuance of
any building permits or demolition permits relating to any property
or resource that is the subject of the application by the building
official and/or other agencies as long as the application is under
active consideration by the Commission and until the Commission has
made its decision.
B.
The Commission's request for a temporary moratorium shall include
the reasons the Commission deems the imposition of such a temporary
moratorium is in the best interest of the public or to preserve the
historic landmark or district. Copies of the Commission's request
for imposition of a temporary moratorium shall be sent to the applicant
by certified mail, return receipt requested, or hand delivered to
the applicant's representative of record.
C.
An applicant for a certificate of appropriateness may petition the
municipal Town Board for the lifting of any temporary moratorium to
allow certain work to proceed pending the Commission's determination
to approve, approve with modification(s) or to deny the application,
if such work would not affect the historic features under consideration.
The applicant shall send a copy of the petition with all supporting
documents to the Commission. Before the Town Board renders a decision
on the applicant's petition, it shall hold a hearing if requested
by the Commission or member of the public.
D.
The certificate of appropriateness required by this chapter shall
be in addition to and not in lieu of any building permit or other
land use approval that may be required by any other local law or regulation
of the Town of West Seneca.
Certificates of appropriateness shall be valid for 24 months,
after which time the owner shall apply for a new certificate if he/she
still wishes to undertake work on the property. At least two months
prior to expiration of the twenty-four-month period, the owner may
apply, in writing, for an extension and shall explain the reasons
for the extension request. The Commission may grant up to two extensions
of six months each. A written application for an extension of a certificate
of appropriateness approval shall not be considered an application
for a new certificate of appropriateness.
A.
An applicant whose certificate of appropriateness for a proposed
alteration of a landmark property has been denied may apply for relief
on the ground of economic hardship. In order to prove the existence
of economic hardship related to a proposed alteration, the applicant
shall establish that the denial of a certificate of appropriateness
will prevent the property owner from earning a reasonable return on
investment, regardless of whether that return represents the most
profitable return possible.
B.
As promptly as is practicable after making a preliminary determination
of hardship as provided in this chapter, the Commission, with the
aid of such experts as it deems necessary, shall, in consultation
with the applicant, endeavor to develop a plan whereby the improvement
may be preserved and perpetuated in such manner as to effectuate the
purpose of this chapter and also rendered capable of earning a reasonable
return.
C.
Consultation; plan development. The applicant shall consult in good
faith with the Commission, local preservation groups, and other interested
parties in a diligent effort to seek an alternative that will result
in appropriate preservation of the property. The consulting parties
may include interested purchasers as well as preservation and other
interested organizations, public agencies, developers, real estate
agents and individuals who may be instrumental in developing an economically
feasible solution.
D.
Economic hardship; criteria. Following the denial of a certificate
of appropriateness, the applicant may request a certificate of economic
hardship. In all cases other than a proposed demolition, removal or
relocation, the applicant shall prove the existence of economic hardship
by demonstrating to the Commission that:
(1)
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 substantial portion of the district or neighborhood;
(3)
The requested relief, if granted, will not alter the essential character
of the neighborhood; and
(4)
The alleged hardship has not been self-created.
E.
The Commission, in the granting of a certificate of economic hardship,
shall grant the minimum terms deemed necessary and adequate to address
the unnecessary hardship proven by the applicant and at the same time
preserve and protect the character of the neighborhood and the health,
safety and welfare of the community.
F.
Public hearing.
(1)
The Commission may hold a public hearing on the hardship application
at which an opportunity will be provided for the applicant and public
to present their views on the hardship application.
(2)
If no public hearing is held, the Commission must render a decision
on the hardship application within 62 days following its receipt of
a complete application.
(a)
A complete application includes the conclusion of all activities under Subsection C initiated to consult with necessary parties to determine whether the property may be preserved or rehabilitated in a manner that alleviates the hardship that would otherwise result while substantially accomplishing the goals of this chapter.
(b)
A complete application also includes receipt by the Commission
of all submissions necessary to meet the applicant's burden of
proof.
(3)
Following the submission of a complete application and a site visit
by the Commission, the Commission may schedule a public hearing within
a reasonable time and determine within 62 days following of the close
of any public hearing held on the application whether the applicant
has met his or her burden of proof.
G.
Commission decision.
(1)
If the Commission finds that the applicant's burden of proof
has not been met, the Commission shall deny the application for a
certificate of economic hardship.
(2)
If the Commission finds that the applicant's burden of proof
has been met, the Commission shall issue a preliminary determination
of landmarks or economic hardship within 62 days of the close of any
public hearing held on the application or within 62 days after the
Commission has received a complete application.
(3)
Within 62 calendar days following the Commission's preliminary
determination of economic hardship, the Commission must make a final
determination.
(4)
A decision of the Commission on the hardship application shall be
in writing and shall state the reasons for granting or denying it.
A copy shall be sent to the applicant by certified mail/return receipt
requested or courier service with proof of delivery or personal service
with proof of delivery and a copy filed with the Town Clerk's
office for public inspection.
H.
No building permit or other land use approvals shall be issued unless
the Commission grants the hardship application. If the hardship application
is granted, the Commission shall approve only such work as is necessary
to alleviate the hardship.
A.
Demolition of an individual landmark or of a structure located in
and contributing to the significance of an historic district shall
be allowed only in case of economic hardship unless the building department,
upon due deliberation, has made an express written finding that the
structure presents an imminent threat to the public health, safety
and welfare.
B.
Any person desiring to demolish a designated historic building shall
first file an application for an historic building demolition permit
with the Building Department and an application for such certificate
with the Commission. 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 the 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 the 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, joint
venture, or other;
(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: 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)
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 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)
Estimated market value of the property: a) in its current condition;
b) after completion of the proposed alteration or demolition; and
c) 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)
Any evidence of self-created hardship through deliberate neglect
or inadequate maintenance of the property; and
(16)
Economic incentives and/or funding available to the applicant
through federal, state, city, or private programs.
C.
Demolition of any such building may be approved after a site visit
and only in connection with approval of a replacement project.
D.
The Commission shall hold a public hearing and shall take one of
the following actions:
E.
During the continuance period, the Commission may investigate relocation
of the building (on site) or modification of the building for future
uses in a way which preserves the architectural and historical integrity
of the building.
A.
Certificate of appropriateness for demolition, removal, or relocation.
An applicant whose certificate of appropriateness for a proposed demolition,
removal or relocation of a landmark, resource or property has been
denied may apply for relief on the ground of economic hardship. In
order to prove the existence of economic hardship sufficient to justify
demolition, removal, or relocation, the applicant shall establish
that the denial 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.
Certificate of appropriateness for demolition.
(1)
The applicant for a certificate of appropriateness for demolition
must establish, to the Commission's satisfaction, an imminent
plan of reuse or redevelopment of the affected property. The applicant
for an income-producing property shall establish that:
(a)
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible;
and
(b)
The property cannot be adapted for any other use, whether by
the current owner or by a purchaser, which would result in a reasonable
return; and
(c)
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
(2)
In deciding upon such application for removal, relocation or demolition,
the Commission may consider whether the owner has created his own
hardship through waste and neglect, thereby permitting the property
to fall into a serious state of disrepair.
C.
Before approving the removal, relocation or demolition of an individual
landmark or 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.
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 an
historic landmark or property within an historic district that does
not involve a change in design, building materials, color, or outward
appearance.
(2)
The Commission may evaluate and decide, without public hearing, whether
or not proposed work constitutes ordinary maintenance and repair or
requires a certificate of appropriateness.
B.
No owner or person with an interest in real property designated as
an individual landmark or included within an historic district shall
permit the property to fall into a serious state of disrepair. Maintenance
shall be required, consistent with the Property Maintenance Code of
the New York State Uniform Fire Prevention and Building Code and all
other applicable local regulations.
C.
Every owner or person in charge of an improvement on a landmark site
or 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;
(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.
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 issued
under this chapter shall conform to the requirements expressly stated
in the certificate or reasonably implied therefrom. It shall be the
duty of the Building Inspector to periodically inspect any such work
to assure compliance with the certificate and all applicable law.
In the event any requirement included in the certificate of appropriateness
has not been met, or upon notification of that fact by the Historic
Preservation Commission, the Building Inspector shall issue a stop-work
order and all work shall immediately cease. No further work shall
be undertaken on the project as long as a stop-work order is in effect.
B.
Any owner or person in charge of a property who demolishes, alters,
constructs, or permits a designated property to fall into a serious
state of disrepair in violation of this chapter in the absence of
a certificate of appropriateness, a finding of economic hardship,
or other approval by the Commission, may be required by the Town Board
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 life and
character of a designated historic resource, landmark, property or
on the character of an historic district as a whole, the Commission
shall notify the Building Inspector. If, upon investigation, the Building
Inspector finds noncompliance with the requirements of the Property
Maintenance Code of the New York State Fire Prevention and Building
Code, or any other applicable law or regulation, the Building Inspector
shall order such remedies as are necessary and consistent with this
chapter and shall provide written notice thereof to the secretary
of the Commission.
D.
Penalties.
(1)
A violation of this chapter is deemed an offense punishable by a
fine, imprisonment, or both, as follows:
(a)
First offense. A first conviction for violation of this chapter
may result in a fine not exceeding $350 per day or imprisonment for
a period not to exceed six months, or both;
(b)
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 per day nor more than $700 per day or imprisonment
for a period not to exceed six months, or both;
(c)
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 per day nor more than $1,000 per day
or imprisonment for a period not to exceed six months, or both.
(2)
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.
Each and every day that a violation of this chapter is allowed to
continue shall be considered a separate offense.
E.
The Commission shall notify the Town Board of an enforcement matter arising under this chapter and shall refer it to the Town Attorney. Action to enforce this chapter shall be brought by the Town Attorney or other attorney designated by the Town Board. Civil remedies authorized under § 78C-23 of this chapter shall be in addition to and not in lieu of any criminal prosecution and penalty.
Any person aggrieved by a decision of the Commission relating
to a certificate of economic hardship or a certificate of appropriateness
may, within 15 days of the decision, file a written appeal to the
Town Board for review of the decision. Appellate review shall be based
on the same record that was before the Commission and using the same
criteria in this chapter.
As used in this chapter, the following words and phrases have
the following meanings:
The act or process of acquiring fee title or other interest
in real property, including acquisition of development rights or remainder
interest.
Any act or process that changes one or more of the exterior
architectural features of a building or structure by adding to, joining
with or increasing the size or capacity of the building or structure.
Any act or process, other than demolition or preventative
maintenance, that changes the exterior appearance of significant historical
or architectural features, or the historic context of a designated
landmark, including, but not limited to, exterior changes, additions,
new construction, erection, reconstruction, or removal of the building
or structure, or grading.
Especially suitable or compatible.
The quality of a building or structure based on its date
of erection, style and scarcity of same, quality of design, present
condition and appearance or other characteristics that embody the
distinctive characteristics of a type, period or method of construction.
Any construction created to shelter any form of human use,
such as a house, garage or barn, and which is permanently affixed
to the land. "Building" may also refer to an historically related
complex, such as a house and a barn.
The person, or his or her designee, authorized and certified
to enforce the New York State Fire Prevention and Building Code. The
person, or his or her designee, who is also authorized by the Town
Board to enforce this chapter, except where another official is expressly
authorized.
The person, or his or her designee, authorized to grant permits
for construction, alteration, and demolition pursuant to the codes
adopted by the Town.
An official form issued by the Town Commission stating that
the proposed work on a designated historic landmark is compatible
with the historic character of the property and thus in accordance
with the provisions of this chapter and therefore: 1) the proposed
work may be completed as specified in the certificate; and 2) the
Town's departments may issue any permits needed to do the work
specified in the certificate.
An official form issued by the Commission when the denial
of a certificate of appropriateness has deprived, or will deprive,
the owner of the property of all reasonable use of, or economic return
on, the property.
Any alteration, demolition, removal or construction involving
any property subject to the provisions of this chapter.
Defined by form, proportion, structure, plan, style or material.
"General character" refers to ideas of design and construction such
as basic plan or form. "Specific character" refers to precise ways
of combining particular kinds of materials.
The Historic Preservation Commission established pursuant to § 78C-4 of this chapter.
In harmony with location, context, setting, and historic
character.
The act of constructing an addition to an existing structure
or the erection of a new principal or accessory structure on a lot
or property.
Any act or process that removes or destroys, in whole or
in part, a building, structure, or resource.
A permit issued by the building official allowing the applicant
to demolish a building or structure after having received a certificate
of demolition approval from the Commission.
The process by which the significance and integrity of a building, structure, object, or site is judged by an individual who meets the professional qualification standards published by the National Park Service at 36 CFR Part 61 as determined by the State Historic Preservation Office, using the designation criteria outlined in § 78C-11 of this chapter.
The architectural style, design, general arrangement and
components of all of the outer surfaces of any building or structure.
Elements embodying the historical significance or architectural
style, design, general arrangement and components of all of the exterior
surfaces of any landmark or historic resource, including, but not
limited to, the type of building materials, and type and style of
windows, doors, or other elements related to such landmark or historic
resource.
The law-making or legislative body of the Town. The governing
body is the Town Board of the Town of West Seneca.
A unit created for planning purposes that groups information
about historic properties based on a shared theme, specific time period
and geographical area.
An area designated as an historic district by this historic
preservation chapter, and which contains within definable geographic
boundaries a significant concentration, linkage or continuity of sites,
buildings, structures, or objects united historically or aesthetically
by plan or physical development. An historic district designated under
this chapter shall not to be construed as a zoning district of the
Town, and nothing contained herein shall be construed as authorizing
the Commission to adopt a law, bylaw or regulation that regulates
or limits the height and bulk of buildings, regulates and determine
the area of yards, courts and other open spaces, regulates density
of population or regulates or restricts the locations of trades and
industries or creates zoning districts for any such purpose.
Original or old building materials (masonry, wood, metals,
marble) or construction.
The retention of sufficient aspects of location, design,
setting, workmanship, materials, feeling or association for a property
to convey its historic significance.
A building, district, site, structure, or object significant
in American history, architecture, engineering, archeology, or culture
at the national, state, or local level.
The Historic Preservation Commission appointed by the Town
Board for the Town of West Seneca.
A district, site, building, structure, or object significant
in American history, architecture, engineering, archeology, or culture
at the national, state, or local level.
Any evaluated building, structure, object, or site that potentially meets the designation criteria outlined in § 78C-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 purposes 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
Town of West Seneca.
The authenticity of a property's historic identity,
evidenced by the survival of physical characteristics that existed
during the property's historic or prehistoric period.
Interior landmarks are noted for the portions of their interior
that are open to the public.
A list of historic properties determined to meet specified
criteria of significance.
Any building, structure or site that has been designated as a "landmark" by the Town Board, pursuant to procedures described in § 78C-11, that is worthy of preservation, restoration, or rehabilitation because of its historic or architectural significance.
A permit approving an alteration to or demolition of a landmark
or demolition of an historic resource listed in the heritage resource
inventory pursuant to the provisions of this chapter.
The formal entry or registration of a property.
To keep in an existing state of preservation or repair.
Any change, modification, restoration, rehabilitation, or
renovation of the features of an historic resource that does not materially
change the historic characteristics of the property.
Any relocation of a building or structure on its site or
to another site.
The established criteria for evaluating the eligibility of
properties for inclusion in the National Register of Historic Places.
The official inventory of the nation's historic properties,
districts, sites, districts, structures, objects, and landmarks which
are significant in American history, architecture, archaeology, and
culture, maintained by the Secretary of the Interior under the authority
of the Historic Sites Act of 1935 and the National Historic Preservation
Act of 1966 (16 U.S.C. § 470 et seq., 36 CFR 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 Assessor's Office of the Town.
The length of time when a property was associated with important
events, activities, or persons, or attained characteristics which
qualify it for landmark status. "Period of significance" usually begins
with a date when significant activities or events began giving the
property its historic significance; this is often a date of construction.
The act or process of applying measures necessary to sustain
the existing form, integrity, and materials of an historic property.
Work, including preliminary measures to protect and stabilize the
property, generally focuses upon the ongoing maintenance and repair
of historic materials and features rather than extensive replacement
and new construction. New exterior additions are not within the scope
of this treatment; however, the limited and sensitive upgrading of
mechanical, electrical, and plumbing systems and other code-required
work to make properties functional is appropriate within a preservation
project.
Any work to prevent deterioration or damage to the structural
integrity or any exterior feature of a landmark or historic resource
that does not involve a change in design, material, or exterior appearance.
Such work includes, but is not limited to, painting, roof repair,
foundation or chimney work, or landscape maintenance.
A grouping of individual properties based on a set of shared
physical or associative characteristics.
The act or process of making possible a compatible use for
a property through repair, alterations, and additions while preserving
those portions or features of the property which convey its historical,
architectural, and cultural values.
Acts of ordinary maintenance that do not include a change
in the design, material, form, or outer appearance of a resource,
such as repainting. This includes methods of stabilizing and preventing
further decay and may incorporate replacement in kind or refurbishment
of materials on a building or structure.
The act or process of accurately depicting the form, features,
and character of a property as it appeared at a particular period
of time by means of the removal of features from other periods in
its history and reconstruction of missing features from the restoration
period. The limited and sensitive upgrading of mechanical, electrical,
and plumbing systems and other code-required work to make properties
functional is appropriate within a restoration project.
The act of keeping an element, detail or structure and continuing
the same level of repair to aid in the preservation of elements, sites,
and structures.
An addition which is made without damage to the project's
original condition.
Scenic landmarks encompass structures that are not buildings,
such as bridges, piers, parks, cemeteries, sidewalks, clocks, and
trees.
Principles developed by the National Park Service (36 CFR
68.3, as may be amended) to help protect historic properties by promoting
consistent preservation practices and providing guidance to historic
building owners and building managers, preservation consultants, architects,
contractors, and project reviewers on how to approach the treatment
of historic properties. The Secretary of the Interior Standards for
the Treatment of Historic Properties may also be referred to in this
chapter as "Secretary of the Interior's Standards."
Having particularly important associations with the contexts
of architecture, history and culture.
The location of a significant event, a prehistoric or historic
occupation or activity, or a building or structure, whether standing,
ruined, or vanished, where the location itself maintains historical
or archaeological value regardless of the value of any existing buildings,
structures, or other objects. Examples of a site are a battlefield,
designed landscape, trail, or camp site.
The act or process of applying measures designed to reestablish
a weather-resistant enclosure and the structural stability of an unsafe
or deteriorated property while maintaining the essential form as it
exists at present.
Any assemblage of materials forming a construction framed
of component structural parts for occupancy or use, including buildings.
A type of architecture distinguished by special characteristics
of structure or ornament and often related in time; also, a general
quality of distinctive character.
Any project or other action involving the expansion, modification,
development or disposition of the physical plant or any site or building.
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 Town 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.
