[Adopted 4-29-1975 as Ch. 60 of the 1975 Code; amended in
its entirety 3-16-2004 by L.L. No. 5-2004]
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 economic, cultural,
educational, and general welfare of the public. Inasmuch as the identity
of a people is founded on its past and inasmuch as Yorktown 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 the Town's cultural, social,
economic, political, historic and architectural heritage.
B. Insure the harmonious, orderly, and efficient growth
and development of the Town, while safeguarding the Town's historic,
aesthetic and cultural heritage as embodied and reflected in such
landmarks and districts.
C. Protect and enhance the Town's attractiveness to visitors
and the support and stimulus to the economy thereby provided, and
promote the use of historic districts and landmark sites for the education,
pleasure and welfare of the Town.
For the purpose of this chapter, the following
definitions shall apply:
AGGRIEVED PERSON
A person whose pecuniary or proprietary interests are or
may be adversely affected by a decision of the Heritage Preservation
Commission or the Town Board, including an owner, mortgagee or contract
vendee of an affected property.
[Amended 7-21-2020 by L.L. No. 9-2020]
ALTERATION
Any act or process which changes the architectural features
of:
A.
A structure designated for preservation.
B.
Any structure in a district designated for preservation.
ARCHITECTURAL FEATURE
The architectural style, design, general arrangement and/or
components of all of the surfaces of an improvement, including but
not limited to the kind, color and texture of the building material
and the type and style of windows, doors, lights, signs and other
fixtures appurtenant to such improvement.
DESIGNATED LANDMARK
Any landmark which has been designated as a landmark pursuant
to the provisions of this chapter.
INTERIOR LANDMARK
The interior of a property that is open to the public that
has special historical or aesthetic interest or value or value as
part of the development, heritage or cultural characteristics of the
Town of Yorktown.
[Added 7-16-2019 by L.L.
No. 3-2019]
LANDMARK
Any natural area, a building, a group of structures in an
area, architectural features, an historical highway, path or monument,
a tree or trees, natural or man-made objects, including waterways,
lakes, ponds, dams, rock formations, caves and hills, or places where
identifiable historic events occurred, each of which has a special
character or special historical or aesthetic interest or value as
part of the development, heritage or cultural characteristics of the
Town of Yorktown, the State of New York or of the United States.
LANDMARK SITE
A parcel or part thereof on which is situated a landmark
used as and constituting part of the premises on which the landmark
is situated and which has been designated as a landmark site pursuant
to the provisions of this chapter.
[Amended 6-15-2004 by Ord No. 19-2004; 7-17-2012 by L.L. No. 9-2012; 7-16-2019 by L.L. No. 3-2019; 7-21-2020 by L.L. No. 9-2020]
There is hereby redesignated a Commission to
be known as the “Heritage Preservation Commission of the Town
of Yorktown.”
A. The Commission shall consist of a minimum of five
members to be appointed, to the extent available in the community,
by the Town Board as follows:
(1) At least one shall be an architect experienced in
working with historic buildings;
(2) At least one shall be a historian;
(3) At least one shall have 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
(4) All members shall have a known interest in historic
preservation and architectural development within the Town of Yorktown.
In the event that a qualifying architect or historian is not available
in the community or there is a vacancy caused by resignation or termination
of the architect or historian member, such vacancy shall not act to
void the actions of the Commission nor act to deem the Commission
to be illegally constituted.
B. Commission members shall serve for a term of three
years with staggered terms and may serve consecutive terms upon approval
of the Town Board. The terms of the first appointments to the Board
will be as follows: two members shall serve three years, two members
shall serve two years, and one member shall serve one year. The Town
Board may appoint a liaison member from the Town staff without a vote.
C. The powers of the Commission shall include:
(1) Employment of staff and professional consultants as
necessary to carry out the duties of the Commission with budget approval
from the Town Board;
(2) Promulgation of rules and regulations as necessary
to carry out the duties of the Commission;
(3) Adoption of criteria for the identification of significant
historic, architectural, and cultural landmarks and for the delineation
of historic districts;
(4) Conduct of surveys of significant historic, architectural,
and cultural landmarks and historic districts within the Town;
(5) Recommend to the Town Board that identified structures or resources
be designated as landmarks, interior landmarks, and historic districts,
respectively;
(6) Acceptance on behalf of the Town of the donation of
facade easements, and development rights and the making of recommendations
to the Town concerning the acquisition of facade easements or other
interests in real property as necessary to carry out the purposes
of this chapter;
(7) Increasing public awareness of the value of historical,
cultural and architectural preservation by developing and participating
in public education programs;
(8) Making recommendations to Town concerning the utilization
of state, federal or private funds to promote the preservation of
landmarks and historic districts within the Town;
(9) Recommending acquisition of a landmark structure by
the Town where its preservation is essential to the purposes of this
chapter and where private preservation is not feasible;
(10) Approval or disapproval of applications for certificates
of appropriateness pursuant to this chapter; and
(11) Commenting upon nominations and approvals of state
and national landmarks.
D. The Commission will be authorized to spend money in
furtherance of the listed purposes within the allocation set forth
in the adopted Town budget or within an appropriation approved by
the Town Board.
E. The Commission shall meet monthly, 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 Town Board.
F. A quorum for the transaction of business shall consist
of three of the Commission members, but not less than a majority of
the full-authorized membership may grant or deny a certificate of
appropriateness.
G. The Town Board shall designate a Chairman and a Vice
Chairman, whose terms of office shall be fixed by the Town Board.
The Chairman shall preside over the meetings of the Commission and
shall have the right to vote and speak on all matters as other Commission
members. The Vice Chairman shall, in the absence or disability of
the Chairman, perform the duties of the Chairman. In the case of the
absence or disability of both the Chairman and Vice Chairman, the
Commission shall, by majority vote of those present, choose one of
their number to perform the duties of the Chairman.
[Amended 7-16-2019 by L.L. No. 3-2019; 7-21-2020 by L.L. No. 9-2020]
A. No person shall carry out any exterior alteration, restoration, reconstruction,
demolition, new construction, or moving of a landmark or property,
nor shall any person make any material change in the exterior appearance
of such property, its light fixtures, signs, sidewalks, fences, steps,
paving or other exterior elements which affect the appearance and
cohesiveness of the landmark or historic district, nor be issued a
building permit, without first obtaining a certificate of appropriateness
from the Heritage Preservation Commission.
B. No person shall carry out any interior alteration, restoration, reconstruction,
demolition, new construction, of the interior of a premises that has
been designated a landmark, nor shall any person make any material
change in the appearance of the interior of such property, its architectural
style, design, general arrangement and components, including, but
not limited to, the kind, color, and texture of the building material
and the type and style of all windows, doors, lights, signs and other
fixtures appurtenant to such interior, which affect its interior appearance,
nor be issued a building permit, without first obtaining a certificate
of appropriateness from the Heritage Preservation Commission.
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; 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; or
D. The building has been deemed an unsafe structure.
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:
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; or
D. The building has been deemed an unsafe structure.
[Amended 7-21-2020 by L.L. No. 9-2020]
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 Heritage Preservation 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.
[Amended 7-21-2020 by L.L. No. 9-2020]
Any person aggrieved by a decision of the Heritage
Preservation Commission relating to hardship or a certificate of appropriateness
may, within 20 days of the decision, file a written application with
the Town Board for review of the decision. Reviews shall be conducted
based on the same record that was before the Commission and using
the same criteria used by the Commission. Notice of such appeal shall
be in writing and shall include a copy of the decision appealed from.
The Town Board, upon receipt of such appeal, shall schedule a hearing
within 30 days. Such hearing shall be upon written notice to the appellant
and the Heritage Preservation Commission. Upon such hearing the Town
Board shall have the power to affirm, modify, reverse or remand to
the Commission for further consideration the decision appealed from.
[Adopted 11-17-2015 by L.L. No. 11-2015]
The purpose of this article is to provide for official recognition of residences of historic significance located in the Town of Yorktown, as an alternative to the formal designation of the building as a landmark under Article
I of this chapter. The provisions of Article
I shall not apply to buildings designated as "homes of historic distinction" under this Article
II.