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 the Village of
Springville has many significant historic, architectural, and cultural
resources which constitute its heritage, this article is enacted pursuant
to § 119-dd of the General Municipal Law and is intended
to:
A. Protect and enhance the landmarks and historic districts
which represent distinctive elements of the Village of Springville's
special character and its historic, architectural and cultural heritage;
B. Foster civic pride in the accomplishments of the past;
C. Protect and enhance the Village of Springville's attractiveness
to visitors and the support and stimulus to the economy thereby provided;
and
D. Insure the harmonious, orderly, and efficient growth
and development of the Village of Springville.
For purposes of this article, the following
words shall be interpreted and defined as follows:
AGGRIEVED PERSON
A person is "aggrieved" by, and can therefore appeal, an
order where the person has a direct interest in the controversy which
is affected by the result, and the adjudication has a binding force
against the rights or property of the person seeking to appeal; that
the adjudication may remotely or contingently affect interests which
the person represents does not give the person a right to appeal.
[Added 3-1-2021 by L.L.
No. 3-2021]
BOARD OF TRUSTEES
The Board of Trustees of the Village of Springville, Erie
County, New York.
COMMISSION
The Village of Springville's Historic Preservation Commission
created pursuant to this article.
OWNER
A person, firm, partnership, corporation or other legal entity
which owns the fee title to a property or site, a mortgagee or vendee
in possession, a receiver, an administrator or executor, a trustee
or any other person, firm, partnership, corporation or other legal
entity in control of a property or site.
SITE
A plot or parcel of land.
VILLAGE
The Village of Springville, Erie County, New York.
VILLAGE CLERK
The duly appointed Clerk of the Village of Springville, Erie
County, New York.
There is hereby created a Commission to be known
as the “Village of Springville Historic Preservation Commission.”
A. The Commission shall consist of five members to be
appointed by the Mayor with the approval of the Board of Trustees.
All members shall have an interest in historic preservation and architectural
development in the Village. To the extent available, membership should
include an architect experienced in working with historic buildings,
an historian, a person from the business community, and residents
of the Village.
[Amended 3-1-2021 by L.L.
No. 3-2021]
B. Commission members shall serve for a term of four
years, with the exception of the initial term of one of the five members
which shall be one year, one which shall be two years, and one which
shall be three years.
C. The Chairperson and Vice Chairperson of the Commission
shall be designated annually by the Mayor from among the members of
the Commission and shall be residents of the Village.
[Amended 3-1-2021 by L.L.
No. 3-2021]
D. An alternate
Commission member may be appointed by the Mayor with approval of the
Board of Trustees and shall serve a term of four years.
[Added 3-1-2021 by L.L.
No. 3-2021]
E. The powers of the Commission shall include:
(1) Recommendation of professional consultants to the
Board of Trustees as necessary to carry out the duties of the Commission;
(2) Promulgation of rules and regulations as necessary
for the orderly conduct of its business;
(3) Adoption of criteria for the identification of significant
historic, architectural, and cultural landmarks and for the delineation
of historic districts;
(4) Identification of specific historic features of a
designated landmark or district;
(5) Conducting surveys of significant historic, architectural,
and cultural landmarks and historic districts within the Village;
(6) Designation of identified properties, sites, structures
or resources as landmarks and historic districts;
(7) Recommendations to the Board of Trustees concerning
the donation of facade easements and development rights, and the making
of recommendations to the Board of Trustees concerning the acquisition
of facade easements or other interests in real property as necessary
to carry out the purposes of this article;
(8) Increasing public awareness of the value of historic,
cultural, and architectural preservation by developing and participating
in public education programs;
(9) Making recommendations to the Board of Trustees concerning
the utilization of state, federal, or private funds to promote the
preservation of landmarks and historic districts within the Village;
(10)
Approval or disapproval of applications for
certificates of appropriateness pursuant to this article;
(11)
Recommendations to the Board of Trustees regarding
the exercise of any of the powers granted to the Village by Article
5-K of the General Municipal Law that are not given to the Commission
by this article.
F. The Commission shall meet at least 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 Chairperson or the Mayor. The Chairperson
shall cause minutes of all meetings to be prepared and shall file
a copy in the office of the Village Clerk.
G. A quorum for the transaction of business shall consist
of three of the Commission's members, but not less than a majority
of the full authorized membership may designate a landmark or historic
district, grant or deny a certificate of appropriateness or exercise
any of the other powers of the Commission.
H. Compensation of Commission members, together with
reasonable and necessary expenses of the Commission and its members,
shall be as may be determined by resolution of the Board of Trustees
within the appropriations provided therefor in the Village's annual
budget.
[Amended 3-1-2021 by L.L.
No. 3-2021]
No person shall carry out any exterior alteration,
restoration, reconstruction, demolition, or new construction on a
site, or the moving of a landmark on a property, located within an
historic district, nor shall any person make any material change in
the 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,
without first obtaining a certificate of appropriateness from the
Commission. Emergency orders or actions made in the interest of public
safety or Building Code compliance by the Code Enforcement Officer
or the Mayor supersede certificates of appropriateness.
An applicant whose certificate of appropriateness
for a proposed demolition has been denied may apply to the Commission
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.
An applicant whose certificate of appropriateness
for a proposed alteration has been denied may apply to the Commission
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.
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 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 Commission, the 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 article shall be construed to
prevent the ordinary maintenance and repair of any exterior architectural
feature of a landmark or property within an 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 an 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 such deterioration include:
A. Deterioration of exterior walls or other vertical
supports;
B. Deterioration of roofs or other horizontal members;
C. Deterioration of exterior chimneys;
D. Deterioration or crumbling of exterior stucco or mortar;
E. Ineffective waterproofing of exterior walls, roofs,
or foundations, including broken windows or doors; and
F. 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.
Any person aggrieved by a decision of the Commission
relating to hardship or a certificate of appropriateness may, within
30 days of notice of the decision, file a written application with
the Board of Trustees for review of the decision. Reviews shall be
conducted at a meeting of the Board of Trustees called for that purpose
based on the same record that was before the Commission and using
the same criteria. The applicant shall be given a reasonable opportunity
to be heard by at least a majority of the members of the Board of
Trustees prior to the Board of Trustees' decision on the review.
Where this article imposes greater restrictions
than are imposed by the provisions of any other law or regulation,
the provisions of this article shall apply. Where greater restrictions
are imposed by any other law or regulation, such greater restriction
shall apply.