[HISTORY: Adopted by the Town Board of the
Town of Clarence 7-25-2007 by L.L. No. 4-2007. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 229.
This chapter relating to the establishment of
landmarks or historic districts in the Town of Clarence shall be known
as the "Historic Preservation Law of the Town of Clarence."
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 Clarence 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 the Town of Clarence's historic,
architectural, social, economic, and cultural heritage;
B.
Foster civic pride in the accomplishments of the past;
C.
Protect and enhance the Town's attractiveness to visitors
and the support and stimulus to the economy thereby provided, and
promote the use of historic districts and landmark sites for the education,
pleasure and welfare of the Town;
D.
Insure the harmonious, orderly, and efficient growth
and development of the Town, while safeguarding the Town's historic,
aesthetic and cultural heritage as embodied and reflected in such
landmarks and districts.
Unless the context clearly indicates a different
meaning, for the purposes of this chapter, the following words and
terms shall be defined as follows:
To change one or more exterior architectural and/or historic
feature(s) of a landmark, and improvement on a landmark site or a
structure within an historic district.
Any structure or part thereof having a roof supported by
columns or walls and intended for the shelter, housing, or enclosure
of any individual, animal, process, equipment goods or materials of
any kind
A certificate issued by the Clarence Town Board after recommendation
or from the Historic Preservation Commission approving plans for alteration,
construction, removal or demolition of a landmark, an improvement
to a landmark site or structure within an historic district.
Building an addition, making an alteration to an existing
structure, or building a new principal or accessory structure.
Destruction of a building, structure, or improvement.
The right to develop property.
Architectural style, design, general arrangement, and components
of the outer surfaces of an improvement, building or structure as
distinguished from the interior surfaces, including but not limited
to the kind and texture of building material and the type and style
of windows, doors, signs, and other such exterior fixtures.
The exterior portions of a building or structure that are
exposed to view by persons not within the building or structure.
An easement that prohibits or restricts any changes in the
facade of a building that would alter or damage its historic integrity
or architectural character.
A geographically definable area so designated pursuant to
this chapter.
The Town of Clarence Preservation Commission.
Any building, structure, place, parking facility, fence,
gate, wall, work of art, or other object constituting a physical betterment,
or any part thereof.
That portion of a building or structure not defined as exterior.
Any building, property, object, structure, or natural feature
or any part thereof so designated pursuant to this chapter.
A significant historical or cultural site(s) where building
or structures no longer exist so designated pursuant to this Code.
A person, firm, corporation or other legal entity which owns
the fee of property or a lessor state therein, a mortgage or vendee
in possession, a receiver, an administrator, an executor, a trustee,
or any other person, firm, corporation or entity in control of property.
Retention of essential character of an improvement, object,
building, natural feature, or structure as embodied in its existing
form, integrity, and material. This term includes the retention of
trees, landscaping, and vegetative cover of a site. This term may
include temporary stabilization work as well as ongoing maintenance
of historic building materials.
A lot, parcel or tract of land together with the building(s)
and/or improvements thereon.
Restoration to and/or reproduction of the exact form and
detail of a vanished building, structure, improvement or part thereof
as it appeared at a specific time.
Repair or alteration that enables building, structures or
improvements to be efficiently utilized while preserving those features
of buildings, structures or improvements that are significant to their
historic, architectural or cultural values.
The replication, reconstruction or recovery of the form and
details of a building, structure or improvement and its site to its
original architectural and or historical features.
A plot or parcel of land.
Anything constructed or erected which requires permanent
or temporary location on the ground. This term shall include but not
be limited to buildings, walls, fences, signs, billboards, lighting
fixtures, screen enclosures, and works of art.
The Town of Clarence, County of Erie, State of New York.
Town of Clarence Town Attorney.
The Town Board of the Town of Clarence, County of Erie, State
of New York.
Town of Clarence Town Clerk.
For the purpose of this chapter, the Zoning Enforcement Officer
may be the Director of Community Development, Assistant Director of
Community Development, Zoning Code Enforcement Officer, any building
inspector or any person or persons designated by the Town Board to
act in such capacity.
There is hereby created a commission to be known
as the "Town of Clarence Historic Preservation Commission."
A.
The Commission shall consist of nine members to be
appointed, to the extent available in the community, by the Town Board
as follows:
(1)
At least one shall be an architect experienced in
working with historic buildings;
(2)
At least one shall be a historian;
(3)
At least one shall be an attorney;
(4)
At least two shall have demonstrated significant interest
in and commitment to the field of historic preservation evidenced
either by involvement in a local historic preservation group, employment
or volunteer activity in the field of historic preservation, or other
serious interest in the field; and
(5)
All members shall have a known interest in historic
and/or architectural preservation and historic development within
the Town of Clarence.
B.
Commission members shall serve for a term of four
years, with the exception of the initial term of the nine members.
In the initial term, one member shall serve one year, two shall serve
two years, three shall serve three years, and three shall serve four
years.
C.
The Chairman and Vice Chairman of the Commission shall
be appointed by the Town Board.
D.
The powers of the Commission shall include:
(1)
Employment of staff and professional consultants as
necessary to carry out the duties of the Commission with budget approval
from the Town Board;
(2)
Promulgation of rules and regulations as necessary
to carry out the duties of the Commission;
(3)
Adoption of criteria for the identification of significant
historic, architectural, and cultural landmarks and for the delineation
of historic districts;
(4)
Conduct of surveys of significant historic, architectural,
and cultural landmarks and historic districts within the Town with
budget approval from the Clarence Town Board as necessary;
(5)
Recommend to the Town Board that identified structures
or resources be identified as landmarks and historic districts, respectively;
(6)
To make recommendations to the Town Board on the donation
of facade easements and development rights and the making of recommendations
to the Town government concerning the acquisition of facade easements
or other interests in real property as necessary to carry out the
purposes of this chapter;
(7)
Increasing public awareness of the value of historic,
cultural and architectural preservation by developing and participating
in public education programs;
(8)
Making recommendations to Town government concerning
the utilization of state, federal or private funds to promote the
preservation of landmarks and historic districts within the Town;
(9)
Recommending acquisition of a structure and properties
by the Town government where its preservation is essential to the
purposes of this chapter and where private preservation is not feasible;
(10)
Approval or disapproval of applications for
certificates of appropriateness pursuant to this chapter; and
(11)
Commenting and recommending on nominations and
approvals of state and national landmarks.
E.
The Commission shall meet at least monthly if any
business is pending, but no less than quarterly. Meetings may be held
at any time on the written request of any two of the Commission members
or on the call of the Chairman or the Town Board.
F.
A quorum for the transaction of business shall consist
of four of the Commission's members, but not less than a majority
of the full-authorized membership may grant or deny a certificate
of appropriateness.
A.
The Commission may recommend to the Town Board an
individual property for designation 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; or
(2)
Is identified with historic personages; or
(3)
Embodies the distinguishing characteristics of an
architectural style or method of construction; and/or
(4)
Is the work of a designer whose work has significantly
influenced an age; or
(5)
Because of unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood.
B.
Historic districts designated.
(2)
The boundaries of each historic district actually
designated by the Town Board henceforth shall be specified in detail
and shall be filed, in writing, in the Town Clerk's office for public
inspection and, where directed by the Town Board, shall also be filed
in the office of the Erie County Clerk under "Deeds."
C.
Before issuing a notice of proposed designation pursuant to Subsection D below, the Town Board shall notify affected property owners, and refer to appropriate interested agencies for comment, the designation proposal.
D.
Notice of a proposed designation shall be pursuant
to the Town Board notification policy. Once the Commission has issued
notice of a proposed designation, no building permits shall be issued
by the Building Department until the Commission has made its decision.
E.
Within 15 days after closing the public hearing, the
Commission shall recommend to the Town Board who shall adopt a resolution
rendering its decision with respect to the Commission's recommendation.
The Town Board may approve the recommendation, reject the recommendation,
or remand the matter to the Commission with instructions for further
review and consideration.
F.
Following the adoption of a resolution approving the
designation of a landmark or historic district, the affected site
or area shall be so indicated on the Official Map of the Town of Clarence
and the resolution or other appropriate certificate of the designation
shall be filed for recording in the office of the Erie County Clerk.
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 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 Historic Preservation Commission. Nothing
in this section shall be construed to prevent the ordinary maintenance
or repair of any feature in any preservation district or landmark
site that does not involve a change of design and material or the
appearance thereof.
A.
In passing upon an application for a certificate of
appropriateness, the Historic Preservation Commission shall not consider
changes to interior spaces, unless they are publicly owned property.
The Commission's decision shall be based on the following principles:
(1)
Landmarks and properties which contribute to the character
of an historic district shall be retained, with their historic features
altered as little as possible;
(2)
Any alteration of existing properties shall be compatible
with their historic character, as well as with the surrounding area;
and
(3)
New construction shall be compatible with the individual
landmark of the historic district in which it is located.
B.
In applying the principle of compatibility, the Commission
shall consider the following factors:
(1)
The general design, character and appropriateness
of the proposed alteration or new construction;
(2)
The scale of proposed alteration or new construction
in relation to the property itself, surrounding properties, and the
neighborhood;
(3)
Texture, materials, and their relation to similar
features of the property itself with other properties in the neighborhood;
(4)
Visual compatibility with the property itself and
with surrounding properties, including proportion of a building's
front facade, proportion and arrangement of windows and other openings
within the facade and roof shape, and the rhythm of spacing of properties
on streets, including setback and the features such as drives, walks,
walls, fences and vegetation; and
(5)
The importance of historic or cultural features to
the significance of the property.
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 Preservation Commission.
The application shall contain:
(1)
Name, address and telephone number of the applicant;
(2)
Location and photographs of property;
(3)
Elevation drawings of proposed changes, if available;
(4)
Perspective drawings, including relationship to adjacent
properties, if available;
(5)
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; and
(6)
Any other information which the Commission may deem
necessary in order to visualize the proposed work.
B.
No building permit shall be issued for such proposed
work until a certificate of appropriateness has first been issued
by the Historic Preservation Commission. 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 ordinance of
the Town of Clarence.
C.
The Commission shall approve or deny the permit with
modifications within 30 days from receipt of the completed application.
The Commission may hold a public hearing on the application at which
an opportunity will be provided for interested parties of the application
to present their views.
D.
All decisions of the Commission shall be in writing.
A copy shall be sent to the applicant by registered mail and a copy
filed with the Town Clerk's Office for public inspection. The Commission's
decision shall state the reasons for denying or modifying any application.
E.
Certificates of appropriateness shall be valid for
24 months, after which the owner must reapply if he still wishes to
undertake work on the property.
F.
Nothing in this section shall be construed to prevent
the ordinary maintenance or repair of any feature in any preservation
district or landmark site that does not involve a change of design,
material, color or the appearance thereof.
An applicant whose certificate of appropriateness
for a proposed demolition has been denied may apply 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; or
D.
The building has been deemed an unsafe structure by
the Zoning Code Enforcement Officer.
An applicant whose certificate of appropriateness
for a proposed alteration has been denied may apply 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; or
D.
The building has been deemed an unsafe structure by
the Zoning Code Enforcement Officer; and/or
E.
The cost of compliance is cost prohibitive to the
owner.
A.
After receiving written notification from the Commission
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 Commission makes a finding that a hardship
exists.
B.
The Commission shall hold a public hearing on the
hardship application at which an opportunity will be provided for
interested parties of the application to present their views.
C.
The applicant shall consult in good faith with the
Commission, local preservation groups and interested parties in a
diligent effort to seek an alternative that will result in preservation
of the property.
D.
All decisions of the Commission shall be in writing.
A copy shall be sent to the applicant by registered mail and a copy
filed with the Town Clerk's Office for public inspection. The Commission's
decision shall state the reasons for granting or denying the hardship
application. If the application is granted, the Commission shall approve
only such work as is necessary to alleviate the hardship.
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
Inspector 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 Historic Preservation Commission, 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.
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 that
does not involve a change in design, material, and 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 Historic Preservation 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:
(1)
Deterioration of exterior walls or other vertical
supports of buildings or structures or site retaining walls and/or
stairs.
(2)
Deterioration of roofs or other horizontal members
of buildings or structures.
(3)
Deterioration of exterior chimneys architectural features
such as towers, chimneys or parapets or site features such as stairs
or terraces.
(4)
Deterioration or crumbling of exterior stucco or mortar.
(5)
Deterioration of weather protective materials and
measures for buildings, structures and general site conditions.
(6)
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.
A.
A violation of any provision of this chapter shall
be punishable by a fine of no less than $20 up to a maximum of $250
for each day the violation continues.
B.
Any person who demolishes, alters, constructs, or
permits a designated property to fall 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 Town Attorney.
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 Historic
Preservation Commission relating to hardship or a certificate or appropriateness
may, within 20 days of the decision, file a written application with
the Town Board for review of the decision. Reviews shall be conducted
based on the same record that was before the Commission and using
the same criteria. Notice of such appeal shall be in writing and shall
include a copy of the decision appealed from. The Town Board, upon
receipt of such appeal, shall schedule a hearing within 30 days. Such
hearing shall be upon written notice to the appellant and the Historic
Preservation Commission. Upon such hearing, the Town Board shall have
the power to affirm, modify, reverse or remand to the Commission for
further consideration the decision appealed from.
A.
Legislative intent. This section is intended to create
a real property tax exemption that preserves or increases the historic
character of real property located within the Town of Clarence. In
particular, this tax exemption for designated landmarks is being enacted
for the following goals:
(1)
To increase incentives for property owners in historic
districts and owners of historic properties to invest in the upkeep
and rehabilitation of historically significant properties.
(2)
To provide incentive for the restoration and rehabilitation
of commercial structures designated as landmarks in order to help
attract and retain businesses in the Town of Clarence.
(3)
To assist homeowners interested in restoring their
own properties but facing potential increases in taxation resulting
from alterations qualifying for this exemption.
(4)
To provide a concrete benefit for restoring or improving
historically or architecturally significant properties.
B.
Application. This real property tax exemption applies to any alteration or rehabilitation of historic property designated by the Town to be a designated landmark under § 117-5 of this chapter and as authorized pursuant to § 96-a or § 119-dd of the General Municipal Law and § 444-a of the Real Property Tax Law.
C.
Historic property exemption. Designated landmarks, as defined in § 117-3 of this chapter, shall be exempt from taxation to the extent of any increase in value attributable to such alteration or rehabilitation pursuant to the following schedule:
|
Year of Exemption
|
Percentage of Exemption
| |
|---|---|---|
|
1
|
100%
| |
|
2
|
100%
| |
|
3
|
100%
| |
|
4
|
100%
| |
|
5
|
100%
| |
|
6
|
80%
| |
|
7
|
60%
| |
|
8
|
40%
| |
|
9
|
20%
| |
|
10
|
0%
|
D.
Exemption requirements. No real property tax exemption
shall be granted under this section for such alteration or rehabilitation
unless:
(1)
Such property has been designated by the Historic Preservation Commission as an historic district or as a designated landmark under § 117-5 of this chapter;
(2)
Any alteration or rehabilitation of the exterior and/or
any publicly owned interior of a designated landmark meets the guidelines
and review standards established in this chapter;
(3)
Any alteration or rehabilitation of the exterior and/or
publicly owned interior of a designated landmark is approved by the
Historic Preservation Commission prior to commencement of work;
(4)
Such alteration or rehabilitation is carried out for
the purpose of historic preservation. For purposes of qualifying for
the real property tax exemption pursuant to this section, alterations
and rehabilitations shall be deemed to be for the purpose of historic
preservation if:
(a)
Only exterior work is involved; or
(b)
Interior work involves the portion of the building
designated as a publicly owned interior under this section; or
(c)
At least 20% of the total cost of the project
is directly attributable to exterior work and/or work that enhances
the structural stability or structural integrity of the property;
or
(d)
The project returns use to a building which
has not previously been used for a permissible purpose under applicable
zoning ordinances for a continuous period of at least two years; and
(e)
Such alterations or rehabilitation is commenced
subsequent to the effective date of this section
E.
Exemption application.
(1)
This exemption shall be granted only by application
of the owner(s) of such designated landmark, on a form prescribed
by the State Equalization and Assessment Board. The application shall
be filed with the Town Assessor on or before the applicable taxable
status date covering such landmark.
(2)
Such exemptions shall be granted where the Assessor
is satisfied that the applicant is entitled to an exemption pursuant
to this section. The Assessor shall approve such application and such
property shall thereafter be exempt from taxation and special ad valorem
levies for Clarence real property taxation as herein provided commencing
with the assessment roll prepared on the basis of the taxable status
date referred to in this section. The Assessor shall enter the assessed
value of any exemption granted pursuant to this section on the assessment
roll with the taxable property, with the amount of the exemption shown
in a separate column.
[Amended 2-25-2009 by L.L. No. 1-2009]
After a building, structure, site or district
has been duly designated as historically significant, the owner or
owners of said building, structure, site or district shall be entitled
to receive reimbursement from the Town of Clarence for those general
Town and highway taxes paid by the owner in the first year following
the property’s historically significant designation and all
subsequent years thereafter that such designation shall exist. Application
for a refund must be made no later than June 30 of the year that a
refund is claimed or the right to claim a refund will be deemed waived
for that taxable year. To receive a refund, the applicant shall provide
proof of payment of the real property taxes in the form of a date-stamped
and/or duplicate tax receipt from the Town Clerk. In no event shall
the applicant be entitled to a refund of any penalty for late payment
of the tax bill.
