[HISTORY: Adopted by the Board of Trustees of the Village of Endicott 10-23-1989
by L.L. No. 5-1989 as Ch. 131 of the 1989 Code; amended in
its entirety 9-18-2001 by L.L. No. 3-2001.
Subsequent amendments noted where applicable.]
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 on its past, and inasmuch
as the Village of Endicott 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 Endicott's historic, architectural
and cultural heritage.
B.
Foster civic pride in the accomplishments of the past.
C.
Protect and enhance Endicott's attractiveness to
visitors and the support and stimulus to the economy thereby provided.
D.
Ensure the harmonious, orderly and efficient growth and
development of the Village of Endicott.
A.
The Planning Board acting as an Historic Review Committee
may recommend to the Board of Trustees for approval an individual property
as a landmark if it:
(1)
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;
(2)
Is identified with historic personages;
(3)
Embodies the distinguishing characteristics of an architectural
style;
(4)
Is the work of a designer whose work has significantly
influenced an age; or
(5)
Because of a unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood:
B.
Historic districts.
(1)
The Planning Board acting as an Historic Review Committee
may recommend to the Board of Trustees for approval a group of properties
as an historic district if it:
(a)
Contains properties which meet one or more of the U.S.
Secretary of the Interior Historical National Register Standards for designation
of an historical district; and
(b)
By reason of possessing such qualities, constitutes a
distinct section of the Village.
(c)
Such recommendation will first be sent to the Village
Planning Board for approval.
(2)
The filing of historic preservation districts with the
Village Clerk will be deemed amendments to the 1999 Zoning Map, Village of
Endicott, Broome County, New York, and shall be deemed to comply with the
requirements of § 250-27 of this Code.
C.
Notice of a proposed designation shall be sent by certified
mall, return receipt requested, to the owner of the property proposed for
designation, describing the property proposed and announcing a public hearing
by the Board of Trustees 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
15 days prior to the date of the public hearing. Such recommendation will
first be sent to the Village Planning Board for approval. Such approval will
conform to the Comprehensive Land Use Plan.
D.
The Planning Board acting as an Historic Review Committee
shall hold a public hearing prior to designation of any landmark or historic
district. The Planning Board acting as an Historic Review Committee, 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 of the proposed landmark or historic district. The
record may also contain staff reports, public comments or other evidence offered
outside of the hearing.
E.
The Planning Board acting as an Historic Review Committee
shall forward notice of each property designated as a landmark and of the
boundaries of each designated historic district to the office of the Broome
County Clerk for recordation.
F.
Once the Board of Trustees has issued notice of a proposed
designation, no building permits shall be issued by the Building Inspector
until the Board of Trustees has made its decision, unless the Board of Trustees
does a review and finds that the change requested by the building permit is
acceptable to the Board of Trustees.
G.
Veterans Memorial Park.
[Added 12-17-2001 by L.L. No. 8-2001]
(1)
The following triangular parcel of land, which was transferred
by the Endicott Johnson Corporation to the Village of Endicott, is designated
as the "Veterans Memorial Park" and is permanently set aside to commemorate
the memory of veterans and the principles of a free nation under law for which
they sacrificed their lives. The said parcel of land in the Village of Endicott
is bounded on the west by Jefferson Avenue and on the north by Park Avenue
and on the south by Main Street. It is recognized that the said parcel was
developed to memorialize veterans by George F. Johnson in 1920 who erected
a monument in honor of the World War I veterans, and was further developed
during the 1993-1999 period by private funds raised by a private Veterans
Memorial Park Monument Committee whose Chairman, Martin F. Dardis, had been
authorized by the Village Board of Trustees to erect monuments thereon to
memorialize the efforts of the World War II, Korean War and Vietnam War veterans.
(2)
Administration and care.
(a)
The care and administration of the Veterans Memorial
Park is hereby entrusted to a committee consisting of:
[1]
The members from time-to-time of the Veterans Memorial
Park Monument Committee whose current Chairman is Martin F. Dardis, created
only by, and perpetuated by and representing the various posts of the American
Legion, the chapters of the Veterans of Foreign Wars, the chapters of the
Korean War Veterans and the chapters of the Vietnam War Veterans and such
chapters as may be created to represent other war veterans, and which consists
of 12 members. It is recognized that the rules of said Committee provide that
all vacancies (including the Chairmanship) are to be filled by a majority
vote of the remaining members.
[2]
One elected member of the governing body of the Village
of Endicott or the successor municipality as elected by the Village Board
of Trustees.
(b)
Each member shall have one vote on issues which come
before it.
(3)
Powers and duties. The Committee as described in Subsection G(2) herein:
(a)
Shall maintain and increase the public's awareness
of the principles of freedom and democracy for which the veterans gave their
lives and which are memorialized by this Veterans Memorial Park;
(b)
Shall make recommendations to the posts/chapters and
to the Village Board of Trustees concerning the care, maintenance, improvements,
insurance coverage, landscaping and other matters pertaining to the administration
and preservation and perpetuation of the Veterans Memorial Park and make application
for financial assistance if necessary from the foregoing parties and the Jane
Johnson Wasson Trust;
(c)
Shall have the exclusive power to apply and administer
Chapter 131 as adopted on September 18, 2001, as it may apply to the Veterans
Memorial Park;
(d)
Shall be responsible for the application, utilization
of state, federal or privately donated funds to promote, preserve or improve
the Veterans Memorial Park;
(e)
Shall have the power to oversee any public events held
in the Veterans Memorial Park;
(f)
Shall have power to supervise and provide for improvements
and landscaping and other matters pertaining to the administration, preservation
and perpetuation of the Veterans Memorial Park.
(4)
Expenses for care. The objective of the Committee is
to maintain the Veterans Memorial Park with funds from private sources and
apply for taxpayer funds only when private sources are not available. It is
recognized that the Jane Johnson Wasson Trust specifically mentions the maintenance
of the Veterans Memorial Park as among its charitable objectives. The Committee
is authorized to apply to said Trust for such assistance as needed from time-to-time.
(5)
In the event that Village funds are requested, any expenditure
of Village of Endicott taxpayers' money shall be subject to prior written
approval of the Village Board of Trustees.
No person shall carry out any exterior alteration, restoration, reconstruction,
demolition, new construction or moving of a landmark or property within an
historic district, nor shall any person make any material change in the appearance
of such a property, its light fixtures, signs, sidewalks, fences, steps, paving
or other exterior elements visible from a public street or alley which affect
the appearance and cohesiveness of the historic district, historic site or
historic structure, without first obtaining a certificate of appropriateness
from the Code Enforcement Officer.
A.
In passing upon an application for a certificate of appropriateness,
the Code Enforcement Officer shall not consider changes to interior spaces
or to architectural features that are not visible from a public street or
alley.
B.
The Code Enforcement Officer decision shall be based
upon the following principles:
(1)
Properties which contribute to the character of the historic
district shall be retained, with their historic features altered as little
as possible.
(2)
Any alteration of existing properties shall be compatible
with its historic character, as well as with the surrounding district.
(3)
New construction shall be compatible and consistent with
the architectural styles of historic values with the district in which it
is located. On sites of proposed new construction where structures adjoining
the site are of significantly dissimilar periods or styles of architecture,
the Code Enforcement Officer may approve such period or style of architecture
as it deems proper for the site and in the best interests of the surrounding
historic district.
(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 setback.
(5)
The importance of historic, architectural or other features
to the significance of the property.
C.
Categories of review. Upon application, it shall be determined
if the proposed application falls into one of the following categories:
(1)
Series A. The proposed application will have significant
impact on the physical structure of the building or site and the surrounding
neighborhood. This would include any change to the size of the structure,
materials used or the design and character of the site.
(2)
Series B. The proposed application has limited effect
on the site and surrounding neighborhood. This would include proposals that
have no structural changes in the size and design of the site and no significant
alterations to the style, materials and character of the structure or site.
D.
Procedure of review. Upon application all the completed
information is provided to the Code Enforcement Officer who may wish to have
a conference with the applicant on the proposal. If the Code Enforcement Officer
determines that the application falls under Series A, the procedures for obtaining
a certificate of appropriateness from the Committee is followed. If The Code
Enforcement Officer determines that the proposal falls under Series B and
all proposed changes are minor and reversible in nature and maintain size,
shape, scale, and design to the existing structure, that person may issue
a certificate of appropriateness.
E.
Notice of designated districts.
(1)
Signage shall be posted at points of entry into each
designated historic district to notify the public that preservation regulations
are in effect.
(2)
Distribution of information on the district. The Village
shall publish an information sheet on the historic district and provide copies
to all realtors. Any and all realtors shall provide a copy of this information
sheet to any and all persons considering purchasing any property within the
historic district, and the realtors shall obtain and retain for their records
a signed acknowledgment from all prospective buyers of the prospective buyer's
receipt of said information sheet. Said acknowledgment sheet may be in the
form of a listing of several prospective buyers, as long as, at a minimum,
The acknowledgment lists the prospective buyer's name and the address
of the property being considered and contains the prospective buyer's
signature.
A.
Prior to the commencement of any work requiring a certificate
of appropriateness, the owner shall file an application for such a certificate
with the Historic Review Committee by filing it with the Code Enforcement
Officer.
(1)
The application shall contain:
(a)
The name, address and telephone number of the applicant.
(b)
The location and photographs of the property.
(c)
Elevation drawings of proposed changes, if available.
(d)
Perspective drawings, including relationship to adjacent
properties, if available.
(e)
Samples of color or materials to be used.
(f)
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.
(g)
Any other information which the Committee may deem necessary
in order to visualize the proposed work.
(2)
The Code Enforcement Officer or designated Board of Trustees
shall notify the Committee Chairperson of the receipt of such application
and shall transmit such application together with accompanying plans and other
information to the Historic Review Committee.
B.
No building permit shall be issued for such proposed
work until a certificate of appropriateness has first been issued by the Code
Enforcement Officer. 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 law of the Village of Endicott.
C.
The Code Enforcement Officer shall approve, deny or approve
the permit with modifications within 20 days from receipt of the completed
application. The Board of Trustees may hold a public hearing on the application
at which an opportunity will be provided for proponents and opponents of the
application to present their views.
D.
All decisions of the Code Enforcement Officer shall be
in writing. The Code Enforcement Officer shall send a copy to the applicant
by registered mail and a copy filed with the Village Clerk's office for
public inspection. The Code Enforcement Officer decision shall state the reasons
for denying or modifying any application. The Code Enforcement Officer may
advise what it considers to be an acceptable application.
An applicant whose certificate of appropriateness has been denied may
apply for relief from landmark designation on the grounds that the designation
is working a hardship upon him/her. In order to prove the existence of a 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.
A.
After receiving written notification.from the Code Enforcement
Officer of the denial of a certificate of appropriateness, an applicant may
commence the hardship process. No building permit or demolition permit shall
be issued unless the Code Enforcement Officer makes a finding that a hardship
exists. No structure shall be demolished unless the Code Enforcement Officer
finds the preservation of the structure is not warranted under the standards
set forth in this chapter. Demolition may be permitted only after the developer
of the site has submitted and obtained approval for such plans for new development,
including Code Enforcement Officer approval for new construction, an acceptable
timetable and guaranties which may include performance bonds for demolition
and completion of the project. In no case shall the time between demolition
and the commencement of new construction exceed three months.
B.
The Board of Trustees 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 with the Code Enforcement
Officer, local preservation groups and interested parties in a diligent effort
to seek an alternative that will result in the preservation of the property.
D.
All decisions of the Code Enforcement Officer shall be
in writing. A copy shall be sent to the applicant by registered mail and a
copy filed with the Village Clerk's office for public inspection. The
Code Enforcement Officer's decision shall state the reasons for granting
or denying the hardship application. Said decision shall be rendered within
20 days of the receipt of a completed hardship application.
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 that work is found that is
not being performed in accordance with the certificate of appropriateness,
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.
A.
Nothing in this chapter 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.
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 exterior architectural feature which would, in the
judgment of the Board of Trustees 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 roofs or other horizontal members.
(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 the
public safety.
A.
Failure to comply with any of the provisions of this
chapter shall be deemed a violation, and the violator shall be liable to a
fine of not more than $250. or imprisonment for not more than 15 days, or
both, for each day the violation continues.
B.
Any person who demolishes, alters, constructs or permits
a designated property to fill into a serious state of disrepair in violation
of this chapter 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 Village. This civil remedy shall be in addition to
and not in lieu of any criminal prosecution and penalty.
Any person aggrieved by a decision of the Code Enforcement Officer relating
to hardship or a certificate of appropriateness may, within 15 days of the
decision, file a written application with the Village Board of Trustees for
a review of the decision. The Board of Trustees shall review said decision
and make its determination within 20 days from the receipt by the Village
Clerk of a completed written application for review. The Board's review
shall constitute the final administrative appeal under this chapter.
A.
Appeal to stay proceedings; exception. An appeal stays
all proceedings in furtherance of the action appealed from, unless the Code
Enforcement Officer certifies to the Board of Trustees after the notice of
appeal shall have been filed that, by reason of facts stated in the certificate,
a stay would, in his opinion, cause imminent peril to life and property, in
which case proceedings shall not be stayed otherwise than by a restraining
order, which may be granted by the Board or by a court of competent jurisdiction.
B.
Conduct of hearing; action of Board.
(1)
The Board shall appoint an appropriately trained hearing
officer to preside over the appeal hearing. The hearing officer shall not
have a vote.
(2)
Upon the hearing, any party to the appeal may appear
in person or by agent or by attorney. Any party may submit additional evidence
in addition to the evidence previously submitted to the Historical Commission.
Third parties who may be adversely affected by a decision, may intervene as
third parties.
(3)
The Village Attorney shall act as Counsel for the Board.
He shall prepare and serve all orders and decisions of the Board.
(4)
The Board may reverse or affirm, wholly or partly, or
may modify the certificate, order, requirement, decision or determination
as, in its opinion, ought to be made in the premises and to that end shall
have all the powers.
(5)
The paramount standard and guidelines of the Board of
Trustees in making an ultimate decision shall be efficient growth and development
of the Village of Endicott.
