Article XII Landmarks Preservation Commission [1]

The Commission shall consist of seven members to be appointed, to the extent available in the community, by the Mayor and composed of:

An architect experienced in working with historic buildings;

A historian;

A resident of a historic district;

An engineer or contractor experienced in working with historic buildings;

(e)

A community member who has demonstrated significant interest in and commitment to the field of historic preservation evidenced either by involvement in a local historic preservation group, employment or volunteer activity in the field of historic preservation, or other serious interest in the field; and

(f)

All members shall have a known interest and/or expertise in historic preservation, real estate law, architectural development, and/or economic development within the City of Binghamton.

Persons eligible for membership shall be persons who, by training, experience, interests or expertise, are qualified to carry out the duties of the Commission, as set forth herein.

Ex officio members shall include, to the extent available, the Mayor, the Planning Director, a Code Inspector, a member of the Susquehanna Heritage Area Commission, a member of the Preservation Association of the Southern Tier (PAST), a member from Binghamton Downtown Inc., a member of Broome County Department of Planning and Economic Development, and other persons whom the Mayor or the Commission may appoint, which ex officio members shall have experience or specialized matters deemed useful to the Commission. Ex officio members shall have no voting privileges.

Commission members shall serve for a term of three years, with the exception of the initial term of one of the seven members, which shall be one year, one which shall be two years, and one which shall be three years.

A member of the Commission may be removed by the Mayor for good and sufficient cause, after he or she has been afforded an opportunity to be heard in his or her defense.

A vacancy occurring in the membership of the Commission from any cause shall be filled by the Mayor, for the unexpired term of the member whose office has become vacant. Recommendations for filling vacancies may be made to the Mayor by the Commission, which recommendations shall be made within 30 days after the date when such vacancies occur.

The Chairman and Vice Chairman of the Commission shall be elected by and from among the members of the Commission.

The powers of the Commission shall include:

Engage staff and/or professional consultants as necessary to carry out the duties of the Commission, subject to the availability of funding and subject to approval by the City Council and the Mayor;

Promulgate rules and regulations as necessary to carry out the duties of the Commission;

Adopt criteria for the identification of significant historic, architectural, and cultural landmarks and for the delineation of historic districts;

Conduct surveys of significant historic, architectural, and cultural landmarks and historic districts within the City;

Designate identified structures or resources as landmarks and historic districts;

Accept on behalf of the City government the donation of facade easements and development rights and the making of recommendations to the City government concerning the acquisition of facade easements or other interests in real property as necessary to carry out the purposes of this act;

§ 18-77 Designation of landmarks or historic districts.

Increase public awareness of the value of historic, cultural and architectural preservation by developing and participating in public education programs;

(8)

Seek out local, state, federal, or private funds for historic preservation, and make recommendations to the Binghamton City Council concerning the most appropriate uses of any funds acquired;

(9)

Recommend acquisition of a landmark structure by the City government where its preservation is essential to the purposes of this act and where private preservation is not feasible;

(10)

Approve or disapprove applications for certificates of appropriateness pursuant to this act;

(11)

Approve or disapprove the design of buildings, bridges, approaches, gates, steps, fences, lamps and/or other structures or additions which shall be erected upon any street or property or which, leased, or occupied by the City, or involving the use of funds or monies of or from the City prior to implementation; and

(12)

Recommend that the Binghamton City Council exercise its authority to exempt such structures, as may be designated by the Commission as having historical and architectural value, from municipal taxation for such periods of years as the Council may determine; provided, however, that the owner of such structures, for themselves, their heirs and assigns, shall agree by covenant, contained in duly executed instruments, capable of being recorded, in the Broome County Clerk's Office, land records, that the City of Binghamton, and the Commission, that those structures shall never be altered or demolished without the approval of the Commission. [Previously § 18-79(g).]

The Commission shall meet at least monthly on a specific date and time to be determined yearly by the Commission, but meetings may be held at any time on the written request of any two of the Commission members or on the call of the Chairman or the Mayor.

A quorum for the transaction of business shall consist of four of the Commission's members, but not less than a majority of the full-authorized membership may grant or deny a certificate of appropriateness.

The Commission may designate an individual property as a landmark if it:

Possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic or social history of the locality, region, state or nation; or

Is identified with historic personages; or

Embodies the distinguishing characteristics of an architectural style; or

Is the work of a designer whose work has significantly influenced an age; or

Because of unique location or singular physical characteristic, represents an established familiar visual feature of the neighborhood.

The Commission may designate a group of properties as a historic district if it:

Contains properties which meet one or more of the criteria for designation of a landmark; and

By reason of possessing such qualities, it constitutes a distinct section of the City.

§ 18-78 Certificate of appropriateness for alterations or new construction affecting landmarks or properties within historic districts.

The boundaries of each historic district designated hereforth shall be specified in detail and shall be filed, in writing, in the City Clerk's Office for public inspection.

Unless as determined by the Commission to have exceptional importance, properties which have achieved significance within the last 50 years shall not be considered eligible for designation.

Notice of a proposed designation shall be sent by registered mail to the owner of the property proposed for designation, describing the property and announcing a public hearing by the Commission to consider the designation. Where the proposed designation involves so many owners that individual notice is infeasible, notice may instead be published at least once in a newspaper of general circulation at least 10 days prior to the date of the public hearing. Once the Commission has issued notice of a proposed designation, no building or demolition permits shall be issued by the building inspector until the Commission has made its decision.

The Commission shall hold a hearing prior to designation of any landmark or historic district, which shall be open to members of the public. 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 and/or architectural, cultural, or economic impact of the proposed landmark or historic district. The record may also contain staff reports, public comments, or other evidence offered outside of the hearing.

Within seven days after designation of a landmark or historic district, the Commission shall file a copy of such designation with the Planning Commission and with the Common Council. Within 30 days of the designation by the Commission, the Planning Commission shall file a report with the Council with respect to the relationship such designation has to the Master Plan, the zoning laws, projected public improvements and any plans for the development of the site or the areas involved. The Council shall, within 30 days from the date of submission of the report of the Planning Commission to the Council, approve or disapprove, or refer back to the Commission for modification, said proposal. Any designation approved by the Council shall be in effect on and after the date of approval by the City Council.

The Commission shall forward notice of each property designated as a landmark and the boundaries of each designated historic district to the office of the Broome County Clerk for recordation.

[Amended 4-17-2013 by Ord. No. 13-29]

No person shall carry out any exterior alteration, restoration, reconstruction, new construction, or moving of a landmark or property within a local historic district, nor shall any person make any material change in the appearance of such property, its light fixtures, signs, awnings, fences, steps, paving or other exterior elements which affect the appearance and cohesiveness of the landmark or historic district, without first obtaining a certificate of appropriateness from the Commission.

Administrative certificate of appropriateness. Notwithstanding Subsection A above, certain minor exterior alterations, restorations and material changes which conform to the standards established in the most recently adopted City of Binghamton Historic Design Guidelines and the Secretary of the Interior's Standards for Historic Preservation may be approved on behalf of the Commission and issued an administrative certificate of appropriateness by the Historic Preservation Planner, or any other City-contracted qualified professional meeting the professional qualifications referenced in the Code of Federal Regulations, 26 CFR Part 61 in the fields of history, architectural history, architecture, or historic Architecture; such approval shall be made in consultation with the Senior Planner and/or the Chair of the Commission. Activities which may be eligible for an administrative certificate of appropriateness are limited to the following:

Painting of exterior wooden or metal materials and previously painted masonry materials with colors as pre-approved from time to time by the Commission.

Roofing.

Replacement of existing roofing materials with roofing materials original to the structure as supported by documentation.

In-kind replacement of roofing materials with new roofing materials to be substantially similar to the existing in design, composition and color.

In-kind replacement of existing rubber roofing materials on a flat roof provided: 1) it is not visible from the public right-of-way; 2) it does not obscure or cover any skylights; and 3) it does not require removal or replacement of existing wall coping materials.

Replacement of non-original gutters and downspouts with new gutters and downspouts of an appropriate material and color; straps or hangers must be hidden.

Minor ornamentation such as, but not limited to, fascia, spindles, brackets, shutters, and skirting.

In-kind replacement of existing minor ornamentation with new minor ornamentation of the same material(s) and to substantially match the existing in size, location, design and color.

Reintroduction of historic minor ornamentation based on documented evidence of its original presence.

Masonry repointing, using an appropriate mortar with a joint to match the existing joint.

Light fixtures.

Replacement of non-original light fixtures with new fixtures of a period appropriate design.

Ground lighting for the purposes of illumination of existing ground signage.

Must be in compliance with § 410-25(j) of the City of Binghamton Code of Ordinances.

Windows or doors.

Replacement of non-original or deteriorated windows or doors with new windows or doors of a period appropriate material, size, operation, design and color when there are no alterations to the existing opening(s), location(s), lintel(s), sill(s) or trim.

Replacement of deteriorated window elements (such as, but not limited to, jambs, muntins, glazing, stiles, or rails) with new window elements to match the existing in materials, size, operation, design and color when repair of the existing window elements is not possible due to their condition.

Mechanical (such as, but not limited to HVAC, exterior vent pipes and exhaust systems).

Installation of mechanical systems when restricted to areas not visible from the public right-of-way and installed in such a way as to be reversible without resulting in damage to the historic fabric of the structure.

Replacement of existing mechanical provided it does not exceed any existing in size by more than 10% and is not visible from the public right-of-way.

(8)

Awnings.

Installation of new awning fabric, to be canvas or treated fabric, on an existing awning frame.

Awnings with signage require full review by the Commission.

(9)

Accessibility ramps. Construction of a new accessibility ramp may be approved if it is: 1) in compliance with the standards of the Americans with Disabilities Act (ADA); 2) located and designed such that it is not visible from the public right-of-way; and 3) designed and constructed to be compatible with the architecture and materials of the building.

(10)

Site features.

Installation of new, period appropriate fencing along the rear property line.

In-kind replacement of existing fencing along any rear or side property line with new fencing of a substantially similar style, material, height and color.

In-kind replacement of existing steps with new steps of a period appropriate design, materials and color.

§ 18-79 Criteria for approval of a certificate of appropriateness.

Construction or replacement of brick, stone, concrete patios, or other paved, non-vehicular areas, which are not readily visible from the public right-of-way and are compatible in material, location and design with the historic character of the property.

(11)

One time extension of a valid certificate of appropriateness, issued within the previous 12 months, for a period of no more than six months, provided the parameters of the project have not changed from those approved in the original certificate of appropriateness.

If it is determined by Planning Staff or the Chair of the Commission that a proposed project seeking an administrative certificate of appropriateness is likely to have a significant impact on the historic character of the structure or the historic district, staff shall be authorized to forward the application to the Commission for full review at the next available meeting.

Denial of an administrative certificate of appropriateness application shall result in the application being forwarded to the Commission for full review at the next available meeting.

In passing upon an application for a certificate of appropriateness, the Commission shall not consider changes to interior spaces, unless they are open to the public. The Commission's decision shall be based on the following principles:

Properties which contribute to the character of the historic district shall be retained, with their historic features altered as little as possible;

Any alteration of existing properties shall be compatible with their historic character, as well as with the surrounding district; and

New construction shall be compatible with the area in which it is located.

In applying the principle of compatibility, the Commission shall consider the following factors:

The general design, character and appropriateness to the property of the proposed alteration or new construction;

The scale of proposed alteration or new construction in relation to the property itself, surrounding properties, and the historic character of the area;

Texture, materials, and color and their relation to similar features of other properties in the immediate vicinity;

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 setback; and

§ 18-80 Certificate of appropriateness application procedure.

The importance of historic, architectural or other features to the significance of the property.

[Amended 4-17-2013 by Ord. No. 13-29]

Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such a certificate with the City. The application shall contain:

Name, address and telephone number of applicant;

Location and photographs of property;

Elevation drawings of proposed changes, if available;

Perspective drawings, including relationship to adjacent properties, if available;

Samples of color or materials to be used;

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

§ 18-81 Hardship criteria for alterations or new construction affecting landmarks or properties within historic districts.

Any other information which may be deemed necessary in order to visualize the proposed work.

If the applicant is requesting to use materials or design(s) inconsistent with the historic character of the building due to economic hardship, in addition to the information required in § 18-79A of this article the applicant shall provide the information as established in § 18-84.1 below.

No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the Commission. The certificate of appropriateness required by this act shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the City of Binghamton.

The Commission shall approve, deny, or approve with modifications the permit within 45 days from initial Commission review of the completed application. The Commission may hold a hearing on the application at which time an opportunity will be provided for proponents and opponents of the application to present their views.

Certificates of appropriateness shall be valid for 12 months. If after this period it is the determination of the Commission that insufficient progress has been made on the project, the applicant will be required to reapply if they still wish to undertake work on the property.

An applicant whose application for a certificate of appropriateness for a proposed alteration or new construction has been denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that the denial imposes an undue economic burden or that the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible, as set forth in § 18-84.2 of this ordinance.

§ 18-82 Determination of historic significance for demolition.

No person shall carry out demolition of a structure more than 40 years old without first obtaining a negative determination of historic significance from the Commission. This section shall not apply to those buildings and structures which have been determined to be a danger to the health, safety or welfare of the public in that they have been determined to have sustained damage and to be beyond repair in accordance with Chapter 203, Unsafe Buildings, of the Code of the City of Binghamton.

§ 18-83 Criteria for determination of historical significance for demolition.

The Commission's determination of historic significance shall be based on the following considerations which are based on the United States Secretary of the Interior Standards for Historic Preservation:

If the structure is an outstanding example of a structure or memorial representative of its era, either past or present; or

If the structure is one of the few remaining examples of a past architectural style or combinations of styles; or

If the structure is associated with a historical person or event of significance to the City, region, state or nation.

§ 18-84 Procedure for determination of historical significance for demolition.

[Amended 6-8-2022 by Ord. No. 22-93]

Prior to demolition of any building more than 40 years old, the owner shall file an application for a determination of historic significance with the Commission. The application shall contain:

Name, address and telephone number of applicant;

Location and interior and exterior photographs of the building;

History of the building, if known;

Photographs of surrounding properties;

Proposed future use of the site;

§ 18-84.1 Hardship criteria for demolition.

Reason for requesting determination of historic significance.

Deterioration caused by deliberate neglect of maintenance or repairs by owner shall not be considered valid grounds for a negative determination of historic significance or for the approval of a demolition permit application.

No demolition permit shall be issued for such a building until a negative determination of historic significance has been issued by the Commission. The determination of significance required by this act shall be in addition to and not in lieu of any demolition permit that may be required by another ordinance of the City of Binghamton.

The Commission shall issue a Determination of historic significance within 45 days from initial Commission review of the completed application, unless an extension of this deadline is agreed upon by both the Commission and the applicant. The Commission may hold a hearing on the application at which time an opportunity will be provided for proponents and opponents of the application to present their views.

All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the City Clerk's Office for public inspection. The Commission's decision shall state the reasons for positive or negative determination of historic significance.

If the Supervisor of Building Construction and Code Enforcement has issued a determination letter that an accessory structure is unsafe, then the Historic Preservation and Neighborhood Planner II may perform a staff level review determination of historical significance review. The Historic Preservation and Neighborhood Planner II's determination of historical significance shall be based on § 18-83, Criteria for determination of historical significance for demolition. No demolition permit shall be issued for such a structure until a negative determination of historic significance has been issued by the Historic Preservation and Neighborhood Planner II. The determination of significance required by this act shall be in addition to and not in lieu of any demolition permit that may be required by another Ordinance of the City of Binghamton. The Historic Preservation and Neighborhood Planner II shall issue a determination of historical significance within 45 days of receipt of the completed application, unless an extension of this deadline is agreed upon by both the Historic Preservation and Neighborhood Planner II and the applicant. If it is determined by the Historic Preservation and Neighborhood Planner II that the demolition of the unsafe accessory structure is likely to have a significant impact upon the historic character of the property, the Historic Preservation and Neighborhood Planner II shall be authorized to forward the application to the Commission for full review at the next available meeting. Staff level determinations of historical significance for the demolition of unsafe accessory structures shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the Planning Department for public inspection. The decision shall state the reasons for positive or negative determination of Historical Significance. If the Historic Preservation and Neighborhood Planner II position is vacant, then determinations of historical significance for demolition of unsafe accessory structures will be forwarded to the Commission on Architecture and Urban Design for review.

An applicant whose proposed demolition has been denied due to a positive determination of historic significance may apply for relief on the ground 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;

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

Efforts to find a purchaser interested in acquiring the property and preserving it have failed.

§ 18-84.2 Hardship application procedure.

After receiving written notification from the Commission of the denial of a certificate of appropriateness or the denial of demolition permit due to a positive determination of historic significance, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Commission makes a finding that a hardship exists.

The owner may be required to submit any of the following information by affidavit to the Commission for evaluation and recommendation.

For all property:

The assessed value of the land and improvements thereon according to the last two assessments; the current fair market value of the property as determined by at least two independent appraisals;

Real estate taxes for the previous two years;

Any listing of the property for sale or rent, price asked, and offers received, if any;

Any consideration by the owner as to profitable adaptive uses for the property;

(e)

An estimate of rehabilitation and/or construction cost to restore the structure to active use;

(f)

Exceptions: when a property owner is financially unable to meet the requirements set forth in the subsection, the Commission may waive some or all of the requirements and/or request substitute information that a property owner may obtain without incurring any costs.

In addition to subsection one above, owners of income-producing property shall submit the following.

Annual gross income from the property for the previous two years;

Itemized operating and maintenance expenses for the previous two years, including proof that adequate and competent management procedures were followed;

Annual cash flow, if any, for the previous two years;

§ 18-84.4 Maintenance and repair required.

Proof that efforts have been made by the owner to obtain a reasonable return on investment based on previous service.

An applicant may request a waiver of one or more of the submittal requirements based on the specific nature of the case.

The Commission shall issue a decision on the hardship application within 45 days from initial Commission review of the completed application. The Commission may hold a hearing on the application at which time an opportunity will be provided for proponents and opponents of the application to present their views.

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.

All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the City Clerk's Office for public inspection. The Commission's decision shall state the reasons for granting or denying the hardship application. If the application is granted, the Commission shall approve only such work as is necessary to alleviate the hardship.

§ 18-84.3 Enforcement.

All work performed pursuant to a certificate of appropriateness issued under this article shall conform to any requirements included therein. It shall be the duty of the City Staff to inspect periodically any such work to assure compliance. In the event work is found that is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the Commission, the Building 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 a stop work order is in effect.

Nothing in this ordinance shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within a historic district, which does not involve a change in design, material, color or outward appearance.

No owner or person with an interest in real property designated as a landmark or included within a locally designated historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the 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 deterioration include, but are not limited to:

Deterioration of exterior walls or other vertical supports.

Deterioration of roofs or other horizontal members.

Deterioration of exterior chimneys.

Deterioration or crumbling of exterior stucco or mortar.

Ineffective waterproofing of exterior walls, roofs or foundations, including broken windows or doors.

Ineffective or insufficient weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other protective covering.

Deterioration of any feature so as to create a hazardous condition, which could lead to the claim that demolition, is necessary for the public safety.

Vacant properties shall be maintained in accordance with the City of Binghamton Vacant Property Ordinance (§ 265-14).

§ 18-84.5 Violations.

Failure to comply with any of the provisions of this article shall be deemed a violation and the violator shall be liable to a fine of not less than $100 nor more than $500 or to imprisonment not exceeding 15 days, or to both such fine and imprisonment together with the cost of any clean-up, removal, or other remedial action, to be recovered by the City in a civil action for each day the violation continues.

Any person or entity of any kind who demolishes, alters, constructs, or permits a designated property to fall into a serious state of disrepair in violation of this article shall be required to restore the property and its site to its appearance prior to the violation. Any action to enforce this subsection shall be brought by the City Attorney. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.

Any person or entity of any kind who demolishes a designated property or a property located within the boundaries of a historic district without a certificate of appropriateness for demolition, in addition to any fine or imprisonment, may have one of the following penalties imposed by the Courts as recommended by the Commission by a majority vote. These penalties shall be in addition to and not in lieu of any criminal prosecution and penalty.

For a noncontributing property, prohibition or restriction of building permits for new construction on the site and permits involving work in the public right-of-way for not more than seven years, but not less than 30 days. A noncontributing property is considered to be any property located within the boundaries of a designed historic district which does not contribute to the overall historic character of the historic district, as determined by the Commission based upon the United States Secretary of the Interior Standards for Historic Preservation.

For contributing property or historic landmark, prohibition or restriction of building permits for new construction on the site and permits involving work in the public right-of-way for not more than seven years, but not less than two years. A contributing property is considered to be any property located within the boundaries of a designed historic district which contributes to the overall historic character of the historic district, as determined by the Commission based upon the United States Secretary of the Interior Standards for Historic Preservation. A historic landmark property is a property which has been designed for its individual merits.

The following factors shall be considered in imposing any penalty or remedy.

Whether than structure, site, or historic landmark is one of the last remaining examples of its kind in the neighborhood, city, or region.

Whether there exists sufficient documentation, plan, or other data so as to make reconstruction feasible.

The age of the original structure, site, or historic landmark and all subsequent additions and modifications.

The physical condition of the structure, site, or historic landmark immediately prior to its total or partial demolition.

The amount of demolition sustained by the structure, site, or historic landmark.

Whether or not, had total or partial demolition occurred, the structure, site, or Historic Landmark could have been put into a reasonable economic use either prior to or after rehabilitation.