[HISTORY: Adopted by the Town Board of the
Town of Chili 9-15-1993 by L.L. No. 3-1993 (Ch. 68 of the 1980
Code). Amendments noted where applicable.]
It is hereby declared as a matter of public
policy that the protection of landmarks and historical districts is
necessary to:
A.
Protect and enhance the landmarks and historic districts
which represent distinctive elements of Chili's historic, architectural
and cultural heritage.
B.
Foster civic pride in the accomplishments of the past.
C.
Protect and enhance Chili's attractiveness to visitors.
D.
Ensure the harmonious and orderly growth of the Town
of Chili.
[Amended 3-7-2001 by L.L. No. 2-2001[1]]
There is hereby created a Board to be known
as the "Chili Historic Preservation Board."
A.
The Board shall consist of a number of members to
be established by Town Board resolution. The members shall be appointed
by the Town Board. All members shall have a known interest in historic
preservation and reside in the Town of Chili.
B.
Board members shall serve for a term of years to be
established by Town Board resolution.
C.
The Chairman, Vice Chairman and Secretary shall be
from the members of the Board and appointed by the Town Board annually
for a term of one year to serve at the pleasure of the Town Board.
[1]
Editor's Note: This local law also replaced
all references to the "Historic Preservation Commission" with references
to the "Historic Preservation Board" and changed "Commission" to "Board."
The powers of the Board shall include:
A.
The formation of rules and regulations as necessary
for the conduct of business.
B.
The adoption of criteria for the identification of
historic, architectural and cultural sites and for the delineation
of historic districts.
C.
Conducting surveys of historic landmarks and historic
districts within the Town of Chili.
D.
Identifying and recommending to the Town Board structures
as landmarks and historic districts.
[Amended 12-3-2008 by L.L. No. 4-2008]
E.
Increasing the public awareness of the value of historic
and cultural preservation by developing and participating in public
education programs.
F.
Making recommendations to the Town of Chili concerning
the use of state, federal or private funds to promote the preservation
of landmarks and historic districts within the Town of Chili.
G.
The approval or disapproval of applications of appropriateness
pursuant to this chapter.
A.
The Board shall meet at least monthly, but meetings
may be held at any time on written request of any two of the Board
members or on the call of the Chairman, Supervisor or Town Board.
B.
A quorum for the transaction of business shall consist
of three of the Board members, but not less than a majority of the
full authorized membership may grant or deny a certificate of appropriateness.
A.
The Town Board may designate an individual property
as a landmark if it is requested by the owner and said request is
filed with the Historic Preservation Board and it has any or all of
the following qualifications:
B.
The Town Board may designate a group of properties
as an historic district if it contains properties which meet one or
more of the criteria for designation as a landmark and has the approval
of all the owners. The boundaries of any historic district designated
henceforth shall be specified in detail and shall be filed, in writing,
in the Chili Town Clerk's office for public inspection.
C.
The Town Board shall hold a public hearing prior to
the designation of any landmark or historic district. The Board, owners
and any interested parties may present testimony or documented evidence
at the hearing which will be part of the record.
D.
The Town Board shall forward notice of each property
designated as a landmark and of the boundaries of each designated
historic district to the office of the Chili Town Clerk for recording.
No person shall carry out an exterior alteration,
restoration reconstruction, demolition, new construction or moving
of a landmark property within an historic district without first obtaining
a certificate of appropriateness from the Historic Preservation Board.
A.
In passing upon an application for a certificate of
appropriateness, the Historic Preservation Board shall not consider
changes to interior spaces.
B.
The exteriors of properties which contribute to the
character of an historic district shall be retained, with their historic
features altered as little as possible.
A.
Prior to the start of any work requiring a certificate
of appropriateness, the owner shall file an application for such certificate
with the Historic Preservation Board. The application shall contain:
B.
No building permit shall be issued for the proposed
work until a certificate of appropriateness has first been issued
by the Historic Preservation Board. The certificate 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 Chili.
C.
The Board shall approve or deny the permit with modifications
within 30 days from the receipt of the completed application. The
Board shall hold a public hearing on the application, at which time
an opportunity will be provided for proponents and opponents of the
application to present their views.
D.
All decisions of the Board shall be in writing. A
copy shall be sent to the applicant and a copy filed with the Town
Clerk's office. The Board's decision shall state the reason for denying
or modifying the application.
An applicant whose certificate of appropriateness
for a proposed demolition has been denied may apply for relief on
the grounds of hardship. In order to prove the existence of a hardship,
the applicant shall establish that:
A.
After receiving written notification from the Board
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 Board makes a finding that a hardship exists.
B.
All decisions of the Board shall be in writing. A
copy shall be sent to the applicant and a copy filed with the Chili
Town Clerk's office for public inspection. The Board's decision shall
state the reasons for granting or denying the hardship application.
[Amended 12-3-2008 by L.L. No. 4-2008]
It shall be the duty of the Code Enforcement
Officer to inspect periodically any such work to assure compliance.
In the event that work is found that is not in accordance with the
certificate of appropriateness, or notification of such fact by the
Historic Preservation Board, the Code Enforcement Officer shall issue
a stop-work order, and all work shall immediately cease. No further
work shall be undertaken as long as the stop-work order is in effect.
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 an exterior feature which
would, in the judgment of the Historic Preservation Board, produce
a detrimental effect on the historic district as a whole or the life
and character of the property itself.
A.
Failure to comply with any of the provisions of this
chapter shall be deemed a violation, and the violator shall be liable
to a fine of not less than $10 nor more than $100 for each day the
violation continues.
B.
Any person who demolishes or alters a designated property
in violation of this chapter shall be required to restore the property
and its site to its appearance prior to the violation.
All historic sites must be listed by address
and tax account number, along with photographs and a description of
the property.
