This chapter shall be known and cited as the
"Historic Preservation Law of the Town of Orchard Park."
Pursuant to the authority conferred by Article
5-K and § 96-a (entitled "Protection of Historical Places,
Buildings and Works of Art") of the General Municipal Law of the State
of New York, the Town Board of the Town of Orchard Park does hereby
enact this chapter to establish local law, regulations, restrictions
and special conditions for the protection, enhancement, perpetuation
and use of places, districts, sites, buildings, structures, works
of art and other objects having special character, historical or other
aesthetic significance or value. Pursuant to that authority, the Town
has adopted standards to be followed in historic preservation.
As used in this chapter, unless the context
requires otherwise, the following terms shall have the following meanings.
ADAPTIVE REUSE
Conversion of a building originally designed for a certain
purpose to a different purpose.
ALTER
To change one or more exterior features of a landmark, an
improvement on a landmark site or structure.
BUILDING
Any structure or part thereof having a roof supported by
columns or walls for the shelter or enclosure of persons or property.
CERTIFICATE OF APPROPRIATENESS
A certificate issued by the Presentation Board approving
plans for alteration, construction, removal or demolition of a landmark,
an improvement to a landmark site or structure.
CONSTRUCTION
Building an addition or making an alteration to an existing
structure or building a new principal or accessory structure.
DEMOLITION
Destruction of a building, structure or improvement.
EX-OFFICIO MEMBER
A person sitting on or having membership on a board or commission
in an advisory or liaison capacity, but who does not have a vote,
or power of decision-making authority as to that particular board
or commission.
EXTERIOR
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 of windows,
doors, signs and other such exterior features.
FACADE
The exterior of a building or structure that can be viewed.
IMPROVEMENT
Any building, structure, place, parking facility, fence,
gate, wall, work of art or other object constituting a physical betterment
or any part thereof.
LANDMARK
Property, object, structure or natural feature or any part
thereof so designated pursuant to this chapter.
LANDMARK SITE
A significant historical or cultural site(s) where buildings
or structures no longer exist, so designated pursuant to this chapter.
OWNER
A person, firm or corporation which owns the fee of a property
or lessor state therein, a mortgagee or vendee in possession, a receiver,
and administrator, an excavator, a trustee or any other person, firm
or corporation in control of property.
PRESERVATION
Retention of essential character of an improvement, object,
building, natural feature or structure as embodied in its existing
form, integrity and material. This term includes the retention of
trees, landscaping and vegetative cover of a site. This term may include
temporary stabilization work as well as ongoing maintenance of historic
building materials.
PUBLIC PLACE
A place to which the public or a substantial group of persons
has access, and includes, but is not limited to, highways, transportation
facilities, schools, parks, playgrounds, churches, stores, restaurants
and municipal buildings or other buildings substantially open to the
public.
RECONSTRUCTION
Reproduction of the exact form and detail of a vanished building,
structure, improvement or part thereof as it appeared at a specific
time.
REHABILITATION
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 value.
RESTORATION
Recovery of the form and details of a building, structure
or improvement and its site during a particular time.
SITE
A plot or parcel of land.
STRUCTURE
Anything constructed or erected which requires permanent
or temporary location on the ground. This term shall include but not
be limited to buildings, walls, fences, signs, billboards, lighting
fixtures, screen enclosures and works of art.
TOWN
The Town of Orchard Park, County of Erie, State of New York
TOWN BOARD
The Town Board of the Town of Orchard Park, County of Erie,
State of New York.
TOWN CLERK
The Town Clerk and the office of the Town Clerk of the Town
of Orchard Park, County of Erie, State of New York.
In the community interest with respect to privately
owned and public properties, no person shall carry out any exterior
alteration, restoration, reconstruction, excavation, grading, demolition,
new construction, or moving of a landmark property, 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 without
first requesting a review and endorsement from the Historic Preservation
Board in the form of a certificate of appropriateness as to the proposed
activity.
A. Criteria for grant of certificate of appropriateness.
(1) In passing upon an application for a certificate of
appropriateness, the Historic Preservation Board shall not consider
changes to the interior of buildings unless the building is a public
place and will continue to function as a public place, or is to be
converted to use as a public place.
(2) The Board's decision shall be based upon the following
principles:
(a) Features which contribute to the character of the
historic landmark shall be retained with as little alteration as possible;
and
(b) Any new construction or alteration of existing features
shall be compatible with its historic character as well as the surrounding
property.
(3) In applying the principal of compatibility, the Board
shall consider the following factors:
(a) The general design, character and appropriateness
of the proposed alteration or construction;
(b) The scale of the proposed alteration or construction
in relation to itself, surrounding properties and the neighborhood;
(c) Texture, materials and color and their relation to
the property itself, the surrounding properties and the neighborhood;
(d) Visual compatibility with surrounding properties;
and
(e) The importance of historic, architectural or other
features relating to the significance of the property.
B. Application for certificate of appropriateness.
(1) 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 Board. The application
shall contain:
(a) The name, address and telephone number of the applicant.
(b) The location of the property and photographs of the
property.
(c) Elevation drawing of proposed changes.
(d) Perspective drawings, including relationship of the
property to adjacent properties.
(e) Samples of color and/or materials to be used.
(f) Where the proposal includes signs or lettering, a
scale drawing showing the type(s) of lettering to be used, the method
of illumination and a plan showing the sign's proposed location on
the property.
(g) Any other information which the Board may deem necessary
in order to visualize the proposed work.
(2) No building or demolition permit shall be issued for
such proposed work until a certificate of appropriateness has first
been issued by the Preservation Board. That Board shall act to grant
or deny a certificate of appropriateness within 45 days of the date
upon which a completed application is filed. If the application is
not acted upon within 45 days, the application shall be deemed approved
and the Certificate granted. The applicant may request an extension
of the decision deadline date of up to 30 days, 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 Orchard Park.
C. Administration and enforcement; display of certificate.
(1) The Building Inspector shall administer and enforce
the provisions of this chapter. In connection with overseeing this
responsibility, the Building Inspector shall provide a written permit
procedure document coordinated with the established building permit
procedure.
(2) All work performed pursuant to this chapter shall
conform to any requirements included herein. It shall be the duty
of the Building Inspector to inspect periodically any such work to
assure compliance. In the event that work is found that is not being
performed in accordance with the certificate of appropriateness, 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 the stop-work order is in effect.
(3) 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.
[Added 8-1-2007 by L.L. No. 6-2007]
An applicant whose certificate of appropriateness
for a proposed demolition 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:
A. The property is incapable of earning a reasonable
return, regardless of whether that return represents the most profitable
return possible;
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.
[Added 8-1-2007 by L.L. No. 6-2007]
An applicant whose certificate of appropriateness
for a proposed alteration 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 property is incapable of earning
a reasonable return, regardless of whether that return represents
the most profitable return possible.
[Added 8-1-2007 by L.L. No. 6-2007]
A. After receiving written notification for the Preservation
Board of a denial of a certificate of appropriateness, an applicant
may commence the hardship process. No building permit or demolition
permit shall be issued unless the Preservation Board makes a finding
that a hardship exists.
B. The Preservation Board may hold a public hearing on
the hardship application at which 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
Preservation Board, 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 Preservation Board shall be in
writing. A copy shall be sent to the applicant by registered mail
and a copy filed with the Town Clerk's office for public inspection.
The Preservation Board's decision shall state the reasons for granting
or denying the hardship application. If the application is granted,
the Preservation Board shall approve only such work as is necessary
to alleviate the hardship.
[Added 8-1-2007 by L.L. No. 6-2007]
All work performed pursuant to a certificate
of appropriateness issued under this chapter shall conform to any
requirements included therein. It shall be the duty of the Building
Code Enforcement Officer 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 Historic Preservation Board, 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.
[Amended 8-1-2007 by L.L. No. 6-2007]
Any person aggrieved by a decision of the Historic
Preservation Board relating to hardship or a certificate of appropriateness
may, within 30 days of the filing of the decision with the Town Clerk,
file a written application to 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 Preservation Board's decision
may be based only upon the record and criteria utilized by the Preservation
Board to render its decision. If new information becomes available
subsequent to the Preservation Board's decision, a new application
must be submitted to the Preservation Board. 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, ordinances or regulations,
the provisions of this chapter shall apply. Where greater restrictions
are imposed by any law, ordinance or regulations, such greater restrictions
shall apply.
No decision to carry out or approve an action
subject to the provision of this chapter shall be rendered by any
department, board, commission, officer or employee of the Town of
Orchard Park until there has been full compliance with all requirements
of this chapter. This shall not prohibit environmental, engineering,
economic feasibility or other studies. Compliance with this chapter
shall be required before commencement of an alteration.
This chapter shall apply to the Town of Orchard
Park.
If any section, clause or provision of this
chapter or the application thereof to any person is adjudged invalid,
the adjudication shall not affect other sections, clauses or provisions.
This chapter shall become effective immediately
upon adoption by the Town and filing with the Secretary of State of
the State of New York.