[Adopted 7-26-2006 by L.L. No. 8-2006]
A.
The quality and feel of the Town of Brighton are heavily
shaped by the attributes, integrity, historical character, neighborhood
character and design scale of existing residential and nonresidential
neighborhoods and areas. The preservation, enhancement and continued
use of structures with historic, architectural, cultural and/or aesthetic
importance is essential in retaining this community and neighborhood
character.
B.
The process of demolition alters the characteristics
of the site and, whether or not redevelopment is proposed, can significantly
impact the natural features of the site and the character of the neighborhood.
C.
The Town of Brighton Planning Board, after considering
citizen, citizen board, and professional input, as necessary, should
decide whether a structure may be removed from the neighborhood fabric
of Brighton. When demolition of a building that has been found by
the Brighton Historic Preservation Commission not to be appropriate
for landmark designation is proposed, any replacement structure should
be compatible with existing neighborhood character and qualities.
Demolition activity itself should be designed to minimize disturbances
and hazard to the neighborhood and community. Whether or not redevelopment
is proposed, proper site restoration is important to the impact of
demolition on the surrounding properties and neighborhood character.
D.
This article establishes procedures for the review
of proposed demolitions and construction of replacement buildings
necessary to meet this purpose.
As used in this article, the following terms
shall have the meanings indicated:
In this article, a building is considered to be substantially
demolished when demolition equals or exceeds 50% of the affected building's
existing coverage (the ground area covered by any roofed part of the
building, including cantilevers but excluding roof eaves).
A.
Demolition review approval by the Planning Board and
issuance of a permit for demolition by the Building and Planning Department
shall be required prior to substantial demolition of a principal building,
dwelling, barn or carriage house. The requirement for demolition review
shall be cumulative, and shall apply to all projects proposed for
a building following the adoption of this article that, when combined,
meet or exceed the requirements of this section within any two-year
period.
B.
In addition to the requirements of Chapter 224 of the Code relating to the demolition of designated landmarks, review by the Town Historic Preservation Commission shall be required prior to demolition of any portion of an exterior wall of a building on a property which has not been designated as a landmark but is included in the list of properties adopted by the Commission for which a cultural survey has been prepared for consideration of possible designation by the Commission. Issuance of a permit for demolition by the Building and Planning Department may also be required. Listed survey properties shall also be subject to Subsection A, above, if applicable.
[Amended 4-27-2022 by L.L. No. 5-2022]
A.
Applications for demolition review shall be filed
with the Building and Planning Department on forms prepared by the
Senior Planner or such other individual as shall be designated by
the Commissioner of Public Works. A fee as set by the Town Board shall
be provided.
B.
Every application for demolition review shall include
standard submittal requirements as prepared by the Senior Planner
or such other individual as shall be designated by the Commissioner
of Public Works. Applications must include information necessary to
allow the Planning Board and/or other Town review boards to review
the building replacing the demolished structure, if applicable, and
may include, but are not limited to, building facade elevations, sections,
floor plans, site plans, grading plans, landscaping plans and existing
and proposed first floor elevations. Any and all zoning variances
required for the proposed building shall be specified. All drawings
and plans shall show both existing and proposed facade elevations
and clearly identify all new construction and label all materials
as new or existing. Complete photos of the existing structure's exterior
shall be provided. Additional information may be required by the Town
Planner or Planning Board as deemed necessary to determine conformity
with Town regulations and with the spirit and intent of this article.
Such additional information may include, but is not limited to, demolition/development
procedures proposed to ensure the protection of the public and surrounding
properties.
C.
A restoration plan for the property following demolition
and/or redevelopment and an estimate of the cost of restoring the
site, including the costs of materials, grading, landscaping, and
maintenance until the site is fully restored, shall be submitted to
ensure that restoration conforms to the approved plan and that landscaping
survives in a healthy condition.
D.
An independent evaluation and report by a qualified
consultant specializing in historic preservation, historical resources
or a similar field may be required by the Planning Board, Senior Planner
or such other individual as shall be designated by the Commissioner
of Public Works. This consultant will be selected by the Town and
retained at the applicant's expense.
A.
For projects requiring demolition review approval by the Planning Board pursuant to § 73-55A:
(1)
Upon receipt of a complete application for demolition
review and the required review fee(s), the Senior Planner or such
other individual as shall be designated by the Commissioner of Public
Works shall submit the application to the Historic Preservation Commission,
Conservation Board and, for proposed new construction, the Architectural
Review Board for consideration at their next available meetings.
[Amended 4-27-2022 by L.L. No. 5-2022]
(2)
Historic Preservation Commission review.
(a)
Properties previously designated as landmarks. The Historic Preservation Commission shall review the project according to Chapter 224 of the Town of Brighton Comprehensive Development Regulations, Historic Preservation, and shall forward its determination(s) to the Planning Board.
(b)
Properties not previously designated as landmarks. Upon review of the application, the Historic Preservation Commission shall, in a timely fashion, make a determination of whether or not the existing structure should be considered for landmark designation based on the criteria of § 224-3 of the Town of Brighton Comprehensive Development Regulations, “Criteria and procedures for designation of landmarks.” The Historic Preservation Commission shall forward its determination to the Planning Board.
(3)
Architectural Review Board review. Upon review of the application, the Architectural Review Board shall, in a timely fashion, prepare a recommendation regarding the design of the proposed new or remodeled structure based on the criteria of § 221-8 of the Town of Brighton Comprehensive Development Regulations, “Applications for building permits; approval or disapproval by Board.” The Architectural Review Board shall forward its determinations and recommendations regarding the proposed new or remodeled structure to the Planning Board.
B.
Applications for projects requiring review only by the Historic Preservation Commission pursuant to § 73-55B shall be reviewed according to the normal policies and procedures of the Commission regarding properties with potential historic/cultural importance. Approval by the Architectural Review Board may be required if further action toward designation is not taken by the Commission following review.
Upon receipt of a complete application for demolition
review and the required review fee(s), the Planning Board shall review
the application at a public hearing according to the normal schedule,
rules, policies and public notification procedures of the Planning
Board.
The Planning Board may place conditions of approval on the demolition and redevelopment of the site as necessary to meet the purpose of this chapter and to make the findings of § 73-62.
The Planning Board may require that a letter
of credit or certified check, in an amount as determined by the Board
to be sufficient to ensure the restoration of the property following
demolition and/or redevelopment, is submitted to and accepted by the
Town prior to the issuance of a permit for demolition or a building
permit.
Upon consideration of the application submitted
and testimony presented and the determinations, recommendations and
comments of the Historic Preservation Commission, Architectural Review
Board, and Conservation Board, the Planning Board, in a timely fashion,
shall approve, conditionally approve, or deny any application presented
for demolition review.
A.
The Planning Board, upon consideration of the application
submitted, testimony presented, and the determinations, comments and
recommendations of the Historic Preservation Commission, Architectural
Review Board, and Conservation Board, may approve or conditionally
approve any application upon making the following findings:
(1)
The existing building, if currently designated as
a landmark, has received required approvals from the Historic Preservation
Commission and, if not currently designated, has been found by the
Commission not to be a candidate for designation by the Historic Preservation
Commission as a landmark.
(2)
The Architectural Review Board and Conservation Board
have reviewed the project per the requirements of this article and
their determinations and recommendations have been considered.
(3)
The project is consistent with the Brighton Comprehensive
Plan.
(4)
The project meets all Town zoning requirements, or
a variance has been granted by the Brighton Zoning Board of Appeals.
(5)
The Brighton Department of Public Works has approved
the proposed grading plan for the project.
(6)
The project complies with the requirements of the
Town's regulations regarding trees.
(7)
A restoration/landscaping plan has been approved by
the Planning Board.
(8)
The project will comply with the requirements of NYSDOL Code Rule 56 regarding asbestos control and Chapter 91 of the Code of the Town of Brighton, Lead-Based Paint Removal. In addition to any other requirements of Code Rule 56, the project will comply with Section 56-3.4(a)(2) regarding on-site maintenance of a project record, Section 56-3.6(a) regarding ten-day notice requirements for residential and business occupants, the licensing requirements of Section 56-3, and the asbestos survey and removal requirements of Section 56-5.
(9)
The project will not, under the circumstances of the
particular case, be detrimental to the health, safety or general welfare
of persons residing or working in the neighborhood and will not be
detrimental to the public welfare or injurious to property or improvements
in the neighborhood.
(10)
The project does not have a significant negative impact
on affordable housing within the Town.
B.
The Planning Board shall deny any project for which
it cannot make the findings required in this section.
The Commissioner of Public Works or designee
may administratively deny without prejudice any application which
remains incomplete or inactive for a period of greater than 90 days
or is continued at the applicant's request for more than 60 days.
If permitted new construction is not commenced
in a timely fashion, as determined by the Commissioner of Public Works
or designee, following completion of demolition, the property shall
be restored in accordance with the approved restoration plan and any
conditions of Planning Board approval. Failure to commence permitted
construction or restoration of the property in a timely fashion following
completion of demolition shall be cause for the Town, upon notice
by the Commissioner of Public Works to the property owner, to proceed
with restoration of the property, using funds of the letter of credit
or certified check submitted for the project.
If new construction is not proposed by the application
for demolition review, any future proposed construction of a principal
building or addition to a principal building on the property shall
require site plan approval by the Planning Board prior to application
for a building permit.
Failure to comply in any respect with the conditions
of approval or with approved plans constitutes grounds for the Town
to immediately stop work related to the noncompliance until the matter
is resolved.
A.
Any person who violates or knowingly permits the violation of this article shall be deemed to have committed an offense against this article and shall be punishable as provided in Chapter 1, General Provisions. Each separate violation shall constitute a separate additional offense.
B.
Any action or proceeding in the name of the Town of
Brighton may be commenced in any court of competent jurisdiction to
compel compliance with or restrain by injunction the violation of
the provisions of this article. Such remedy shall be in addition to
penalties otherwise prescribed by law.
An emergency permit for demolition may be issued by the Commissioner of Public Works or designee prior to demolition review approval when a structure is determined to be unsafe pursuant to Chapter 51 of the Code of the Town of Brighton. The Commissioner of Public Works or designee may condition such emergency demolition as necessary to provide compliance with this chapter.
A permit for demolition that is subject to demolition
review approval may not be transferred from the party to whom it has
been issued. Notwithstanding any transfer of property, compliance
with the conditions of any permit issued pursuant to demolition review
approval shall be the responsibility of that party, including, but
not limited to, the satisfaction of all permit conditions, the maintenance
of any financial security (certified check or letter of credit) required,
and compliance with this article.
Failure to secure a permit for demolition and/or
failure to cause demolition to commence will cause demolition review
approval and any permit for demolition issued to expire without further
notice one year from the date of demolition review approval without
further notice.
