[HISTORY: Adopted by the Board of Trustees of the Village of Warwick 10-14-1986
as L.L. No. 8-1986. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Architectural and
Historical District Local Law of the Village of Warwick, New York."
A.
Purpose. The Board of Trustees of the Village of Warwick
finds that the Village has a large number of commercial and residential structures
which faithfully reflect elements and characteristics of 19th century architecture.
The Board of Trustees recognizes that the existence of many 19th century buildings,
especially within the Historic District of the Village of Warwick, creates
a unique architectural scheme which is well preserved and scenically located.
The Board of Trustees further recognizes that preservation of Warwick's
architectural character will promote pride in the heritage of the community
and result in direct economic benefits to Warwick by uniformly preserving
its distinctive character. Accordingly, the Board of Trustees hereby creates
the Architectural and Historic District Review Board with power to review
all changes in the exterior architectural features of improvements located
within the district.
B.
Public policy. The Board of Trustees of the Village of
Warwick hereby declares as a matter of public policy that the protection,
enhancement, perpetuation, preservation and use of improvements of historic,
aesthetic and architectural value is a public necessity and is required in
the interest of the health, prosperity, safety and welfare of the people of
the Village of Warwick. It is therefore the public policy of this chapter
to:
(1)
Protect, enhance, perpetuate and preserve certain improvements
located within the district.
(2)
Safeguard the Village of Warwick's historic, aesthetic,
architectural and cultural heritage as reflected in improvements located within
the district.
(3)
Improve and enhance property values within the district.
(4)
Foster civic pride in the beauty and architectural achievements
of the past.
(5)
Protect and enhance the attractiveness of the Village
of Warwick to residents, visitors and business interests.
(6)
Strengthen the economy of the Village of Warwick.
(7)
Promote the use of the district for the education, pleasure
and welfare of the people of the Village of Warwick.
A.
Except where specifically defined herein, all words used
in this chapter shall carry their customary meanings. Words used in the present
time include the future, and the plural includes the singular; the word "building"
includes the word "structure," the word "shall" is intended to be mandatory;
the word "person" includes a firm, association, partnership or corporation.
B.
ALTERATION
BOARD
CERTIFICATE
DISTRICT
IMPROVEMENT
As used in this chapter, the following terms shall have
the meanings indicated:
Any change, construction, reconstruction, repair or demolition in
the exterior architectural features of any existing improvement, or construction
or placement of any new improvement on property, located within the district
or visible from any street contiguous to the improvement which is located
in the district. "Alteration" shall include repair to an improvement located
within the district required by normal wear and tear. Any alteration of the
interior of any improvement which does not affect the exterior architectural
features of any improvement subject to this chapter shall not be deemed an "alteration."
The Architectural and Historic District Review Board.
The Architectural and Historic District of the Village of Warwick,
New York.
Any building or fixture located within the district or subject to
the provisions of this chapter, including but not limited to houses, stores,
warehouses, churches, schools, barns, fences, outhouses, pumps, gravestones,
light fixtures, outdoor signs and other outdoor advertising fixtures.
The Architectural and Historic District shall consist of the area designated
on the map attached to and made a part of this chapter.
A.
To effect the purpose declared in this chapter, there
is hereby created a Board to be known as the "Architectural and Historic District
Review Board." The Board shall have such powers and duties as shall be prescribed
by this chapter and any other law, rule or regulation relating to the establishment
and regulation of architectural and historic districts.
B.
The Board shall consist of five members, all of whom
shall be residents of the Village of Warwick and interested in the preservation
of the Historic District. All of the members of the Board shall serve without
compensation.
C.
The original members of the Board shall be appointed
by the Board of Trustees as follows: one for one year, one for two years,
one for three years, one for four years and one for five years. The members
of the Board thereafter shall be appointed by the Board of Trustees for five-year
terms. The term of each member first taking office shall commence on the date
of his appointment. Each member shall serve until the appointment and qualification
of his successor.
D.
In the event that a vacancy occurs during the term of
a member of the Board, the Mayor shall make an interim appointment to complete
the unexpired term of such member.
E.
The Board of Trustees shall designate one of the members
of the Board to be Chairman, and, in the absence of such a designation, the
Board shall select a Chairman from amongst its members.
F.
The Board shall hold such meetings as shall be necessary
and forward the minutes of such meetings to the Village Clerk prior to its
next regular meeting.
G.
The Board shall:
(1)
Have authority to promulgate rules, regulations and standards
of certification for alteration of any improvements and to develop required
forms and use professional consultants, except that all such rules, regulations
and expenses shall first be approved by the Board of Trustees.
(2)
Maintain such records of improvements within the district
as may be necessary for the administration of its powers under this chapter.
(3)
Recommend from time to time to the Board of Trustees
such changes in the size, administration or regulations concerning the district
as the Board considers appropriate.
(4)
Recommend to the Board of Trustees to make available
to the public a booklet listing the standards of certification for alteration
of any improvements within the district regarding the exterior architectural
features of concern to the Board in issuing a certificate.
(5)
Exercise any other power not contrary to law which is
necessary or expedient to carry out the Board's powers and duties under
this chapter.
A.
It shall be unlawful for any owner or person occupying
property located within the district, or any other person, to make, permit
or maintain any alteration to any improvement located within the district
unless the Board has previously issued a certificate of no exterior effect
or a certificate of appropriateness.
B.
No application shall be approved and no permit shall
be granted by the Building Inspector, Planning Board, Zoning Board of Appeals
or Board of Trustees regarding the alteration of any improvement located within
the district unless a certificate of no exterior effect or of appropriateness
has been obtained from the Board. When such an application is received by
the Building Inspector, Planning Board, Zoning Board of Appeals or Board of
Trustees, a copy shall be sent to the Board, accompanied by a request for
a certificate of appropriateness in relation to the work specified in the
application.
A.
Upon the filing of an application for a certificate of no exterior effect, as required by § 7-6, the Board shall determine whether the proposed alteration will change, destroy or affect the exterior architectural features of any improvement. If the Board determines that there will be any exterior effect, the procedure required by Subsection D of this section shall be followed.
B.
The application shall be accompanied by a filing fee as set forth in Chapter 63, Fees, to be paid by applicant.
C.
The Board's determination shall be made within 30
days following the next scheduled meeting date after filing the application.
Within seven days thereafter, written notice of the determination by mail
shall be sent to the applicant. Failure of the Board to act within said 30
days shall be deemed to constitute approval of such application.
D.
If the Board determines that the proposed alteration of any improvement within the District will affect exterior architectural features, the Board shall notify the applicant, in writing, that, upon payment of the required fees, it will review the application in accordance with the procedure required for a certificate of appropriateness, unless, within seven days of receipt of the Board's notification, the applicant objects to the Board's determination and demands to be heard in accordance with Subsection E of this section.
E.
If the Board determines that the proposed alteration
of any improvement within the district will affect exterior architectural
features and the applicant objects to the Board's determination and within
seven days of receipt of the Board's notification demands to be heard,
the Board shall hear the applicant's position in opposition to its determination
and shall reconsider its original determination. After reconsideration, a
final determination shall be made within 30 days of the date applicant's
position was heard by the Board.
F.
In the event of a denial of a certificate of no exterior
effect with respect to the alteration of any improvement within the district,
the applicant may file a request for a certificate of appropriateness.
A.
Upon the filing of an application for a certificate of appropriateness, as required by § 7-6, and in any case in which a certificate of no exterior effect has been denied and a request for a certificate of appropriateness submitted, the Board shall determine whether the proposed alteration of any improvement is appropriate for the purpose of which the district was established, based on the following standards:
(1)
The effect of the proposed alteration in changing, destroying
or affecting the exterior architectural features of the improvement in which
the alteration will be done.
(2)
The relationship between the structure as altered and
the exterior architectural features of other neighboring improvements in the
district and the district as a whole.
B.
The application shall be accompanied by a filing fee as set forth in Chapter 63, Fees, to be paid by applicant.
C.
In applying the standards set forth in Subsection A of this section, the Board shall consider aesthetic, historical, architectural and cultural values as well as architectural style, design, arrangement, texture, material and scale.
D.
Prior to the Board's final determination of an application
for a certificate of appropriateness, a public hearing shall be held not less
than 10 days and not more than 30 days from the scheduled meeting date next
following submission of the application. The Board shall make its final determination
within 30 days of the date on which the public hearing was held. Failure of
the Board to act within said 30 days shall be deemed to constitute approval
of such application.
E.
The cost(s) of obtaining and securing the advice of or
assistance of any expert or professional consultant shall be paid by the applicant,
and the Board may require the applicant to deposit funds in a reasonable amount
with said Board to assure payment of any such consultants, and any surplus
remaining shall be returned to the applicant after the consultant's bill
is received by the Board and is paid in full.
In the case of a request for a certificate of appropriateness to demolish,
relocate or remove an improvement within the district, the denial by the Board
shall be effective for six months from the date of the denial. During this
period, if the Board shall determine that the improvement to be demolished
is deserving of preservation, the Board shall endeavor to work out with the
owner an economic plan for the purpose of preservation. If however, an acceptable
plan has not been worked out within six months, the request for a certificate
of appropriateness shall be deemed approved. Nevertheless, any alteration
in improvements on the property located within the district shall remain subject
to the requirements of this chapter.
Nothing contained in this chapter shall be construed to make it unlawful
for any person, without prior issuance of a certificate of no exterior effect
or a certificate of appropriateness, to comply with the order or direction
of the Fire Department, any court or the Board of Trustees, where the alteration,
demolition, relocation or removal of an improvement in the district is ordered
or directed for the purpose of immediately remedying conditions determined
to be a danger to life, health or property.
Whenever the Board is required or authorized to act within a prescribed
period of time, the Board may extend such period of time with the consent
of the applicant.
A.
Any determination of the Board granting or denying a
certificate of no exterior effect or a certificate of appropriateness shall
set forth the reasons for such determination.
B.
The Board shall give notice of any determinations to
the applicant, and such notice shall also be sent to the Building Inspector,
the Board of Trustees, the Mayor, the Planning Board and the Zoning Board
of Appeals.
C.
Any determination by the Board may prescribe conditions
under which the alteration or demolition of any structure within the district
may be done in order to effectuate the purpose of this chapter, and any determination
may include the recommendations of the Board.
[Added 6-11-1990 by L.L. No. 8-1990]
A.
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:
(1)
The property is incapable of earning a reasonable return,
regardless of whether that return represents the most profitable return possible;
(2)
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
(3)
Efforts to find a purchaser interested in acquiring the
property and preserving it have failed.
B.
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 the property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible.
[Added 6-11-1990 by L.L. No. 8-1990]
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 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 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 Village Clerk's office for public inspection. The Commission's
decision shall state the reasons for granting or denying the hardship application.
[Added 6-11-1990 by L.L. No. 8-1990]
Any person aggrieved by a decision of the Architectural and Historic District Review Board relating to hardship or a certificate of appropriateness may, within 30 days of the decision file a written application with the Village Board of Trustees for review of the decision, together with a filing fee as set forth in Chapter 63, Fees. Such appeal shall be heard and decided by either said Board of Trustees or a separate appeals board to be appointed for such purpose by the Board of Trustees.
A.
Any person, firm or corporation, including any owner,
lessee, contractor or agent, who or which violates or causes to be violated
any provision of this chapter shall be guilty of an offense against this chapter
and shall be subject to a penalty of $100 for each day the offense exists.
B.
In addition, any said violator of this chapter may be
deemed to be a disorderly person, subject to prosecution in accordance with
the terms, provisions and penalties of the Penal Law of the State of New York
applicable to disorderly conduct.
C.
The Village Board of Trustees may also enforce this chapter
by injunction.
Church owned structures used as places of worship are specifically excluded
from the terms and conditions of this chapter.
