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 Malta has many
significant historic, architectural and cultural resources which constitute
its heritage, this chapter is intended to:
A. Protect, identify and enhance the landmarks and historic
districts which represent distinctive elements of Malta's historic,
architectural and cultural heritage.
B. Foster civic awareness and the importance of historic
preservation in the accomplishments of the past.
C. Protect and enhance Malta's attractiveness to visitors
and the support and stimulus to the economy thereby provided through
heritage tourism.
D. Provide for cooperation among Town agencies and local
citizens to promote the harmonious, orderly, efficient growth and
development of the Town.
There shall be a Commission to be known as the
"Malta Historic Preservation Review Commission."
A. The Commission shall consist of no fewer than five
members, including the Town Historian, to be appointed by the Town
Board for staggered terms of five years.
(1) All members shall have a demonstrated interest, competence
or knowledge of historic preservation.
(2) To the extent that such professionals are available,
Commission members shall be drawn from among the disciplines of history,
architecture, planning, archaeology, historic preservation or closely
related fields.
(3) The Commission may seek authorization from the Town
Board to obtain professional services, such as those of an architect
or archaeologist, as required on specific projects.
B. The Chair of the Commission shall be appointed by
the Town Board, and the Vice Chair shall be elected by and from among
the members of the Commission.
C. Commission meetings shall consist of a quorum (a majority
of members) and shall be held at regular intervals, or as needed,
but in no case fewer than six times a year.
D. Official actions by the Commission shall require an
affirmative vote by not less than a majority of the full membership
of the Commission.
E. To fulfill the purposes stated in §
167-70, the responsibilities of the Commission shall include:
(1) Adoption of criteria for the identification of significant
historic, architectural and cultural landmarks and for the delineation
of historic districts.
(2) Conducting inventories, following State Preservation
Office Guidelines, of significant historic, architectural and cultural
landmarks and historic districts within the Town, and provision of
inventory data to the Planning Board and Zoning Board of Appeals.
(3) Studying referrals from Planning Board and Zoning
Board of Appeals regarding matters brought before them which may impact
historic sites and structures.
(4) Increasing public awareness of the value of historic,
cultural and architectural preservation by developing and participating
in public education programs.
(5) Making recommendation to the Town government concerning
the utilization of state, federal or private funds to promote the
preservation of landmarks and historic districts within the Town.
(6) Recommending acquisition of an historic property,
site or structure by the Town government where its preservation is
essential to the purposes of this chapter and where private preservation
is not feasible.
No person shall carry out an exterior alteration, restoration, reconstruction, demolition, new construction or moving of an historic 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 property or district, without first obtaining a certificate of appropriateness from the Historic Preservation Review Commission. In the event a proposed subdivision is located in an historic district, or includes an historic property, in whole or in part, the Planning Board shall consult with the Historic Preservation Review Commission with respect to those criteria set forth in §
167-70, §
167-71 and §
167-72.
An applicant whose certificate of appropriateness
has been denied may apply to the Town Board for relief on the grounds
that the denial is working a 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 reasonably 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
has been denied, has been granted with conditions, or who is otherwise
dissatisfied with the action taken by the Commission, may appeal to
the Town Board for relief on the grounds that the Commission's action
is not in the best interests of the Town of Malta as a whole, is unreasonably
burdensome or costly, renders the property incapable of earning a
reasonable return regardless of whether that return represents the
most profitable return possible, or is affected by an error of law
or fact. The Town Board may grant, deny or modify the action taken
by the Commission.
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 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 a stop-work order
is in effect.
Nothing in this article shall be construed to
prevent the ordinary maintenance and repair of any exterior feature
of a landmark property 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 Historic Preservation Review Commission, produce
a detrimental effect upon the character of the historic property or
historic district as a whole or the life and character of the property
itself. Examples of such deterioration include:
A. Deterioration of walls or other vertical supports
of buildings or structures or site retaining walls and/or stairs;
B. Deterioration of roofs or horizontal members of buildings
or structures;
C. Deterioration of architectural features such as towers,
chimneys or parapets or site features such as stairs or terraces;
D. Deterioration or crumbling of materials such as stucco
or wood;
E. Deterioration of weather-protective materials and
measures for buildings, structures and general site conditions;
F. Deterioration of any feature so as to create a hazardous
condition which could lead to the claim that demolition of all or
a portion of a property is necessary for the public safety.