[HISTORY: Adopted by the Town Board of the Town of Hamburg 6-21-2021 by L.L. No. 5-2021; amended in its entirety 9-26-2022 by L.L. No. 6-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also changed the name of the
chapter from "Historic Preservation Advisory Board" to "Historic Preservation
Commission."
This chapter shall be Chapter 31 of the Code of the Town of Hamburg and may be cited as the "Historic Preservation Law of the Town of Hamburg."
In accordance with General Municipal Law § 96-a, entitled
"Protection of historical places, buildings and works of art," and
Article 5-k of the General Municipal Law, entitled "Historic Preservation,"
the Town Board of the Town of Hamburg has the authority to provide,
by local law, regulations, special conditions and restrictions, for
the protection, enhancement, perpetuation and use of places, districts,
sites, buildings, structures, works of art and other objects having
special character or special historical or other aesthetic interest
or value. Pursuant to that authority, the Town Board has prepared
and adopted this chapter setting forth standards to be followed in
historic preservation.
It is hereby declared as a matter of public policy that the
protection, enhancement and perpetuation of landmarks and historic
districts is necessary to promote the economic, cultural, educational
and general welfare of the public. Inasmuch as the identity of a people
is founded in its past, and inasmuch as Hamburg has many significant
historic, architectural and cultural resources which constitute its
heritage, this chapter is intended to:
A.
Protect and enhance the landmarks and historic districts which represent
distinctive elements of Hamburg's historic, architectural and
cultural heritage.
B.
Foster civic pride in the accomplishments of the past.
C.
Protect and enhance Hamburg's attractiveness to visitors and
support and stimulate the Town's economy.
D.
Increase public awareness of the value of historic, cultural and
architectural preservation by developing and participating in education
programs.
As used in this chapter, the following terms shall have the
meanings indicated:
Conversion of a building originally designed for a certain
purpose to a different purpose.
To change one or more exterior architectural features of
a landmark, and improvement on a landmark site or a structure within
an historic district.
Any structure or part thereof having a roof supported by
columns or walls for the shelter or enclosure of persons or property.
A certificate issued by the Hamburg Historic Preservation
Commission approving plans for the alteration, construction, removal
or demolition of a landmark, an improvement to a landmark site or
a structure within an historic district.
Building an addition or making an alteration to an existing
structure or building a new principal or accessory structure.
Destruction of a building, structure or improvement.
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.
A geographically definable area so designated pursuant to
this code.
Any building, structure, parking facility, fence, gate, wall,
work of art or other object constituting a physical betterment or
any part thereof.
Property, object, structure or natural feature or any part
thereof so designated pursuant to this code.
A significant historical or cultural site where buildings
or structures no longer exist, so designated pursuant to this code.
A person, firm or corporation which has fee ownership of
property or a lesser ownership interest therein, a mortgagee or vendee
in possession, a receiver, an administrator, an executor, a trustee,
or any other person, firm or corporation in control of property.
Retention of essential character of an improvement, object,
building, natural feature or structure as embodied in its existing
form, integrity and material. This feature includes the retention
of trees, landscaping and vegetation of a site. This term may include
temporary stabilization work, as well as ongoing maintenance of historic
building materials.
The Town of Hamburg Preservation Commission.
Land and improvements thereon.
Reproduction of the exact form and detail of a vanished building,
structure, improvement or part thereof as it appeared at a specific
time.
Repair or alteration that enables buildings, structures or
improvements to be efficiently utilized while preserving those features
of buildings, structures or improvements that are significant to their
historic, architectural or cultural values.
Recover of the form and details of a building, structure
or improvement and its site during a particular time.
A plot or parcel of land.
Anything constructed or erected which requires permanent
or temporary location on the ground. The term shall include, but not
be limited to, buildings, walls, fences, signs, billboards, lighting
fixtures, screen enclosures and works of art.
The Supervising Code Enforcement Officer of the Town of Hamburg.
The Town of Hamburg, County of Erie, State of New York.
The Town Board of the Town of Hamburg, Erie County, New York.
The Town of Hamburg Town Clerk.
A.
Section 1 of Local Law #9 of 2021 is hereby amended to rename the
Hamburg Historic Preservation Advisory Board as the "Town of Hamburg
Historic Preservation Commission."
B.
The membership criteria, provisions for the election of the Chairperson
and Vice Chairperson, terms of office for members and other criteria
for the Preservation Commission shall be the same as the preexisting
provisions of the Hamburg Historic Preservation Advisory Board.
C.
The Vice Chairperson shall ensure that minutes of all Commission
meetings are suitably recorded, prepared and distributed.
D.
The powers of the Commission shall include:
(1)
To recommend designation of historic landmarks, sites and districts
to the Town Board for its consideration.
(2)
To advise and recommend to the Town Board on matters of employment
of staff and professional consultants as necessary to carry out the
duties of the Commission.
(3)
To promulgate rules and regulations as necessary for the conduct
of its business.
(4)
To adopt criteria for the identification of significant historic,
architectural and cultural landmarks and/or the delineation of historic
districts.
(5)
To conduct surveys of significant historic, architectural and cultural
landmarks within the Town.
(6)
To make recommendations to the Town Board on the acceptance or donation
of facade easements and development rights, the acquisition of facade
easements and development rights or other interests in real property
as necessary to carry out the purposes of this chapter.
(7)
To increase public awareness of the value of historic, architectural
and cultural preservation by developing and participating in education
programs.
(8)
To make recommendations to the Town Board concerning the utilization
of state, federal or private funds to promote the preservation of
landmarks and historic districts within the Town.
(9)
To recommend acquisition of a landmark or structure by the Town where
its preservation is essential to the purposes of this chapter and
where private preservation is not feasible.
(10)
To approve or disapprove applications for certificates of appropriateness,
subject to review by the Supervising Code Enforcement Officer.
E.
The Commission shall meet at least monthly if any business is pending.
Meetings may be held at any time on the written request of any two
Commission members. The Commission must meet at least once quarterly.
F.
A quorum for the transaction of business shall consist of a majority
of the Commission members, but not less than a majority of the full
authorized membership may grant or deny a certificate of appropriateness.
A.
The Commission may recommend designation of an individual property
as a landmark, subject to Town Board approval, if it:
(1)
Is associated with the lives of individuals or people or events significant
in the national, state or local history.
(2)
Embodies the distinctive characteristics of a type, period or method
of construction.
(3)
Represents the work of a master architect or designer or possesses
high artistic values.
(4)
Represents a significant or distinguished entity whose components
may lack individual or special distinction.
(5)
Because of a unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood.
B.
The Commission may recommend designation of a property or a group
of properties as an historic site, subject to Town Board approval,
if it contains significant historical or cultural sites where buildings
or structures no longer exist, such as a battlefield, cemetery or
former transportation facility; or sites which may yield information
important to area history or prehistory.
C.
The Commission may recommend designation of a group of properties
as an historic district, subject to Town Board approval, if it:
(1)
Contains properties which meet one or more of the criteria for designation
as a landmark; or
(2)
Is an area that represents several periods or styles of architecture
typical of different areas of history; or
(3)
Is an area that has several buildings of the same architectural period
or style and thus constitutes unified architectural streetscape consistency
or a significant community uniformity of style; or
(4)
Is an area connected with significant events or cultural occurrences
or developments involving ethnic, religious groups or other groups
of special historical interest; and
(5)
By reason of possessing such qualities, constitutes a distinct section
of the Town of Hamburg.
D.
The boundaries of each proposed historic district designated henceforth
shall be specified in detail and shall be filed, in writing, in the
Town Clerk's office for public inspection.
E.
Notice of a proposed designation shall be sent by the Town Clerk
30 days prior to a public hearing to the owner(s) of any property(ies)
proposed for historic designation. The notice shall describe the property
proposed for designation, summarize the proposed action and announce
the date, time and location of the public hearing. A copy of the notice
of proposed designation shall also be sent to the Town Board.
F.
Once the Historic Preservation Commission has issued a notice of
a proposed designation, no building permits shall be issued by the
Town Code Enforcement Department, except for emergency repairs until
a final determination on the proposed designation has been reached.
The Historic Preservation Commission shall provide a copy of any notice
of proposed designation to the Supervising Code Enforcement Officer.
G.
The notice of proposed designation shall also be sent to the Town
of Hamburg Highway Department, the Town of Hamburg Engineering Department,
the Town of Hamburg Planning Department, the Town of Hamburg Assessor,
Preservation Buffalo Niagara and any other Town department and/or
county or state agency as appropriate. Each department/agency shall
be given 30 days from the date of transmission to provide comments
on the proposed designation to the Historic Preservation Commission.
H.
The Commission shall hold a public hearing prior to recommending
designation of any landmark, historic site or historic district. The
Commission, the property owner 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. The record
may also contain staff reports, public comments or other evidence
offered outside of the hearing. A public hearing notice must be published
by the Town Clerk in the Town's designated official newspaper
at least 15 days prior to the hearing date.
I.
The Commission will recommend to the Town Board the designation of
an historic landmark, site or district. The Town Board will also conduct
a public hearing prior to acting on the recommendation.
J.
The Commission shall file notice of each property designated as a
landmark and of the boundaries of each designated historic district
with the Erie County Clerk's Office, the Town of Hamburg's
Clerk's Office, the Town of Hamburg Building Inspection Department,
the Town of Hamburg Planning Department, the Town of Hamburg Highway
Department, the Town of Hamburg Engineering Department, and the Town
of Hamburg Assessor.
K.
Minutes of any business conducted by the Historic Preservation Commission
shall be placed on file in the Town of Hamburg's Clerk's
Office and will be posted to the Town's website.
No person shall carry out any exterior alteration, restoration,
reconstruction, excavation, grading, demolition, new construction
or moving of a designated landmark or property within an historic
district, nor shall any person make any material change to such property,
its light fixtures, signs, sidewalks, fences, steps, paving or other
exterior elements which affect the appearance or cohesiveness of the
landmark or historic district without first obtaining a certificate
of appropriateness from the Historic Preservation Commission.
A.
In passing upon an application for a certificate of appropriateness,
the Historic Preservation Commission shall not consider changes to
the interior of buildings.
B.
The Commission's decision shall be based upon the following
principles:
(1)
Features which contribute to the character of the historic landmark
or district shall be retained with as little alteration as possible.
(2)
Any alteration of existing features shall be compatible with its
historic character as well as with the surrounding property.
(3)
New construction shall be compatible with the property in which it
is located and/or the surrounding historic district.
C.
In applying the principle of compatibility, the Commission shall
consider the following factors:
(1)
The general design, character and appropriateness to the property
of the proposed alteration or new construction.
(2)
The scale of proposed alteration or new construction in relation
to itself, surrounding properties and the neighborhood.
(3)
Texture, materials and color and their relation to the property itself,
surrounding properties and the neighborhood.
(4)
Visual compatibility with surrounding properties, including proportion
of the property's front facade, proportion and arrangement of
windows and other openings within the facade, roof shape and the rhythm
of spacing of properties on streets, including setbacks.
(5)
The importance of historic, architectural or other features to the
significance of the property.
A.
Prior to the commencement of any work requiring a certificate of
appropriateness, the owner shall file an application for such certificate
with the Historic Preservation Commission. The application shall contain:
(1)
The name, address and telephone number of the applicant.
(2)
The location and photographs of the property.
(3)
Elevations drawings of proposed changes, if available.
(4)
Perspective drawings, including the relationship to adjacent properties,
if available.
(5)
Samples of color and/or materials to be used.
(6)
Where the proposal includes signs or lettering, a scale drawing showing
the type(s) of lettering to be used, all dimensions and colors, a
description of materials to be used, the method of illumination and
a plan showing the sign's proposed location on the property.
(7)
Any other information which the Commission may deem necessary in
order to visualize the proposed work.
B.
No building permit shall be issued for such proposed work until a
certificate of appropriateness has first been issued by the Historic
Preservation Commission. The Commission shall act to approve or deny
a certificate of appropriateness within 65 days of the date upon which
a completed application is filed with the Commission. If the application
is not acted upon within 65 days, the application shall be deemed
approved. The applicant may request an extension of the decision date,
if so desired. The certificate of appropriateness required by this
chapter shall be in addition to and not in lieu of any building permit
that may be required by any other ordinance of the Town of Hamburg.
A.
An applicant whose certificate of appropriateness for a proposed
demolition has been denied may apply for relief on the grounds of
hardship. In order to prove the existence of hardship, the applicant
shall establish that:
(1)
The property is incapable of earning a reasonable return regardless
of whether that return represents the most profitable return possible.
(2)
The property cannot be adapted for any other use permitted by Chapter 280, Zoning, which would result in a reasonable return.
(3)
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
B.
An applicant whose certificate of appropriateness for a proposed
alteration has been denied may apply for relief on the grounds of
hardship. In order to prove the existence of hardship, the applicant
shall establish that the property is incapable of earning a reasonable
return regardless of whether that return represents the most profitable
return possible.
A.
After receiving written notification from the Commission of the denial
of a certificate of appropriateness, an applicant may commence the
hardship application process.
B.
The Commission shall hold a public hearing on the hardship application,
at which time an opportunity will be provided for proponents and opponents
of the application to present their views.
C.
The applicant shall consult in good faith with the Commission, local
preservation groups and interested parties in a diligent effort to
seek an alternative that will result in preservation of the property.
D.
All decisions of the Commission shall be in writing. A copy shall
be sent to the applicant by certified mail, and a copy shall be filed
with both the Town Clerk's office and the Building Inspection
Department. The Commission's decision shall state the reasons
for granting or denying the hardship application.
E.
No building permit or demolition permit shall be issued while the
hardship application is pending. The Commission shall make a determination
on whether a hardship exists. Building and demolition permits shall
be issued in accordance with that determination.
A.
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any architectural feature of a landmark
or property within an historic district which does not involve a change
in design, material, color or outward appearance.
B.
No owner or person with an interest in real property designated as
a landmark or included within an historic district shall permit the
property to fall into a serious state of disrepair so as to result
in the deterioration of any architectural feature which would, in
the judgment of the Historic Preservation Commission, produce a detrimental
effect upon the character of the historic district as a whole or the
life and character of the property itself. Examples of such deterioration
include:
(1)
Deterioration of exterior walls or other vertical supports.
(2)
Deterioration of roof or other horizontal items.
(3)
Deterioration of exterior chimneys.
(4)
Deterioration or crumbling of exterior stucco or mortar.
(5)
Ineffective waterproofing of exterior walls, roofs or foundations,
including broken windows or doors.
(6)
Deterioration of any feature so as to create a hazardous condition
which could lead to the claim that demolition is necessary for public
safety.
A.
Administration. The Supervising Code Enforcement Officer shall administer
and enforce the provisions of this chapter. In connection with overseeing
this responsibility, the Supervising Code Enforcement Officer shall
provide a permit procedure coordinated with the established building
permit procedure.
B.
Enforcement. All work performed pursuant to this chapter shall conform
to any requirements included herein. It shall be the duty of the Supervising
Code Enforcement Officer to inspect periodically any such work to
assure compliance. In the event of a finding that the work is not
being performed in accordance with the certificate of appropriateness,
the Supervising Code Enforcement Officer shall issue a stop-work order,
and all work shall immediately cease. No further work shall be undertaken
on the project as long as the stop-work order is in effect.
C.
The certificate of appropriateness shall be displayed on the building
in a location conspicuously visible to the public while work pursuant
to the certificate is being done.
A.
Any person who violates any provision of this chapter or any regulation
adopted hereunder is guilty of an offense punishable by a fine not
exceeding $250 or imprisonment for a period not to exceed 15 days,
or both. Each week's continued violation shall constitute a separate
violation.
B.
Failure to comply with any provision of this chapter shall result
in the termination of any permits issued or any proceedings commenced
under provisions of this chapter.
C.
Any person(s) who demolishes, alters, constructs or permits a landmark
to fall into a serious state of disrepair which results in a violation
of this chapter shall be required to restore the property and its
site to an appearance acceptable to the Historic Preservation Commission.
Any action to enforce this subsection shall be brought by the Town
Attorney upon authorization by the Town Board. This civil remedy shall
be in addition to and not if lieu of any criminal prosecution and
penalty.
Any person aggrieved by a decision of the Historic Preservation
Commission relating to designation, hardship, demolition permit application
or a certificate of appropriateness may, within 30 days of the filing
of the decision in the Town Clerk's office, file a written application
with the Town Board for review of the decision. The Town Board shall
schedule a public hearing on the matter without unnecessary delay.
The appeal of the Commission's decision must be based only upon
the record and criteria utilized by the Commission to render its decision.
If new information becomes available subsequent to the Commission's
decision, a new application must be submitted to the Commission. The
Town Board's decision on the appeal shall be considered final.
Where this chapter imposes greater restrictions than are imposed
by the provisions of any law, ordinance or regulation, the provisions
of this chapter shall apply. Where greater restrictions are imposed
by any law, ordinance or regulation, such greater restrictions shall
apply.
No decision to carry out or approve an action subject to the
provisions of this chapter shall be rendered by any department, board,
commission, officer or employee of the Town of Hamburg until there
has been full compliance with all requirements of this chapter. This
shall not prohibit environmental, engineering, economic feasibility
or other studies, preliminary planning or budgetary processes, nor
the granting of an application relating only to technical specifications
and requirements, but not authorizing commencement of action until
full compliance with this chapter has been met.
This chapter shall apply to the entire area of the Town of Hamburg,
excluding that area within the corporate limits of the Village of
Hamburg.
If any section, clause or provision of this chapter or the application
thereof to any persons or entities is adjudged invalid, the adjudication
shall not affect other sections, clauses or provisions of this chapter
or the application thereof which can be sustained or given effect
without the invalid section, clause or provision or application, and,
to this end, the various sections, clauses or provisions of this chapter
are declared to be severable.
This chapter shall take effect immediately.
