§ 337-3Reconstitution; membership; terms; vacancies; compensation.
§ 337-4Officers; staff; procedures.
§ 337-5Powers and duties.
There is hereby reconstituted the Buffalo Preservation Board, which shall consist of 11 members, each of whom shall have demonstrated a known interest in the history or architecture of the City of Buffalo.
Nine members of the Board shall be residents of Buffalo to be appointed by the Common Council or the Mayor as hereinafter provided. They may be selected from a list of nominees solicited by the Secretary of the Board from interested groups or organizations and reviewed by the Board. The Secretary shall transmit these nominees to the Mayor or Common Council.
The Mayor shall appoint six members of the Board, subject to confirmation by the Common Council:
Three members, one from each of the following fields: architecture, architectural history and real estate. The Mayor shall designate one of these initial appointees for a one-year term, one for a two-year term and one for a three-year term.
One member from any of the following fields: architectural history, historic architecture, planning, archaeology, landscape architecture or historic preservation or closely related discipline. The initial appointee shall serve a one-year term.
Two members chosen from the City at large. The Mayor shall designate one of these appointees to serve a two-year term and one to serve a three-year term.
The President of the Council shall appoint three members, as follows:
One member from a downtown historic district shall live, work or own property within the district to serve an initial two-year term. "Downtown" is defined as that tract or land bounded by Edward Street and Goodell Street on the north, Michigan Avenue on the east, the Buffalo River on the south and the Skyway and Elmwood Avenue on the west.
One member from a predominantly residential historic district who shall live, work or own property within the district who shall serve an initial three-year term.
One member from any other historic district who shall live, work or own property in the district who shall serve an initial one-year term.
The two remaining members of the Board shall be the director of the Buffalo and Erie County Historical Society or his designee and the president of the Landmark Society of the Niagara Frontier or his designee.
All subsequent appointments shall be for three-year terms. In the event of a vacancy, the vacancy in the unexpired term shall be filled in the same manner as the original appointment. Members may not serve for more than two consecutive full terms except that the aforementioned director and president or their designees shall serve during their terms of office. Members shall continue to hold office until the appointment of a successor. Members shall serve without compensation but may be reimbursed for expenses related to their duties. No member shall be an officer or employee of the City of Buffalo or of any related agency.
Officers: Chairman, Vice Chairman. The Preservation Board shall elect from its membership a Chairman and Vice Chairman who shall each serve a term of one year and shall be eligible for reelection. However, no member shall serve as Chairman for more than two consecutive years. The Chairman shall preside over meetings. In the absence of the Chairman, the Vice Chairman shall perform the duties of the Chairman. If both are absent, a temporary Chairman shall be elected by those present.
Staff: Secretary. The Commissioner of Community Development of the City of Buffalo shall assign a Secretary to the Preservation Board, who shall serve without voting power (hereinafter referred to as the "Secretary"). The Secretary shall be responsible for duties enumerated under this code and such other duties that may be assigned by the Preservation Board. The Secretary shall maintain a record of all resolutions, proceedings and actions of the Preservation Board. The records of the Preservation Board shall set forth every determination made by the Preservation Board and the vote of every participating member and the absence of or failure to vote of every member. The proceedings of the Preservation Board shall be a matter of public record. The records of the Preservation Board shall be filed in the Secretary's office. The Secretary shall furnish a copy of the minutes of each meeting to each member of the Preservation Board and shall prepare an agenda for each meeting. The Secretary shall be responsible for proper public identification of landmarks, landmark sites and historic districts on a landmark and historic district map.
A quorum shall consist of a majority of the members. All decisions or actions of the Preservation Board shall be made by a majority vote of the full membership.
Meetings shall be held at regularly scheduled times to be established by the Preservation Board at the beginning of each calendar year or at any time upon the call of the Chairman. All meetings of the Preservation Board and its advisory committees shall be open to the public.
No member of the Preservation Board shall vote on any matter materially or apparently affecting the property, income or business interest of that member.
The Preservation Board shall have the following powers and duties:
To adopt such bylaws, rules and regulations as the Preservation Board deems necessary to carry out its responsibilities, consistent with the Code of the City of Buffalo, subject to the approval of the Common Council.
To conduct an ongoing survey and inventory of historically and architecturally significant properties, structures and areas that exemplify the cultural, social, economic, political or architectural history of the nation, state or City.
To document, propose, review and propose modifications, with due consultation with the applicant, and act on the designation of landmarks, landmark sites and historic districts in accordance with the purposes of this Preservation Code.
To develop and promulgate appropriate standards and guidelines to assist property owners in preservation, restoration, rehabilitation and reconstruction of landmarks, landmark sites and properties within historic districts and the design of contemporary structures within historic districts.
To prepare and update preservation plans to guide the preservation and future development of landmarks, landmark sites and historic districts.
To approve or disapprove certificates of no effect, certificates of appropriateness or certificates of exception for the erection, alteration, restoration, renovation, relocation, demolition or site improvement of any landmark, landmark site or of any building, structure or site within an historic district when the exterior of such property would be affected.
To advise and assist owners of landmarks, landmark sites and property or structures within historic districts on physical and financial aspects of preservation, renovation, rehabilitation and adaptive reuse of their property.
To advise and assist other City departments on matters pertaining to historic preservation.
To nominate landmarks, landmark sites and historic districts to the National Register of Historic Places and review and comment on any national nomination submitted to the Preservation Board.
To advise the Common Council concerning acceptance, acquisition, option, purchase and administration of property, development rights and easements pertaining to the purposes of this Preservation Code.
To apply for, accept and expend grants and funds for goods and services from private and public sources.
To increase public awareness and broaden knowledge of the value of historic architecture and cultural preservation within the City.
To establish advisory committees to advise and assist the Preservation Board in achieving the purposes of this code. Advisory committees shall perform such advisory duties and functions as the Preservation Board deems appropriate. Committee members need not be members of the Preservation Board. Members will be appointed by the Chairman and serve at the pleasure of the Preservation Board.
To undertake any other action or activity necessary or appropriate for the execution of its powers and duties or to further the purpose of this code.