[HISTORY: Adopted by the Town Board of the
Town of Chili 4-14-2021 by L.L. No. 2-2021.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 304,
Historic Preservation, adopted 9-15-1993 by L.L. No. 3-1993 (Ch.
68 of the 1980 Code), as amended.
It is hereby declared as a matter of public policy that the
protection of landmarks and historical districts is necessary to:
A.Â
Protect and enhance the landmarks and historic districts which represent
distinctive elements of Chili's historic, architectural and cultural
heritage.
B.Â
Foster civic pride in the accomplishments of the past.
C.Â
Protect and enhance Chili's attractiveness.
D.Â
Ensure the harmonious and orderly growth of the Town of Chili.
There is hereby created a Board to be known as the "Chili Historic
Preservation Board."
A.Â
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.Â
Board members shall serve for a term of years to be established by
Town Board resolution.
C.Â
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.
The powers of the Board shall include:
A.Â
The formation of rules and regulations as necessary for the conduct
of business.
B.Â
The adoption of criteria for the identification of historic, architectural
and cultural sites and for the delineation of historic districts.
C.Â
Conducting surveys of historic landmarks and historic districts within
the Town of Chili.
D.Â
Identifying and recommending to the Town Board structures as landmarks
and historic districts.
E.Â
Increasing the public awareness of the value of historic and cultural
preservation by developing and participating in public education programs.
F.Â
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.Â
The approval or disapproval of applications of appropriateness pursuant
to this chapter.
A.Â
The Board shall meet 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.Â
A quorum for the transaction of business shall consist of three Board
members. However, attendance by a majority of the full authorized
membership is required to grant or to deny a Certificate of Appropriateness.
A.Â
The Town Board may designate an individual property as a landmark
if requested by the owner, said request is filed with the Historic
Preservation Board, and the property holds any or all of the following
qualifications:
B.Â
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.Â
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.Â
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.
A.Â
Exteriors of properties which contribute to their historic character
shall be retained, with their historic features altered as little
as possible.
B.Â
No person shall execute an exterior alteration, a restoration reconstruction,
a new construction, the relocation of, or the demolition of a landmark
property without applying for and being granted a certificate of appropriateness
from the Historic Preservation Board. Failure to acquire a certificate
of appropriateness will result in the property forfeiting its landmark
status.
C.Â
Changes to interior spaces do not require Historic Preservation Board
approval or a certificate of appropriateness.
A.Â
Prior to the start of any work requiring a certificate of appropriateness,
the owner shall contact the Historic Preservation Board to be placed
on a meeting agenda. At that meeting, the owner may present the alteration
plan for discussion, request an application, or, at his/her discretion
submit a certificate of appropriateness application. The application
shall contain:
B.Â
The Board shall, at a regularly scheduled meeting, review any such
application. At that meeting the Board may approve or deny the permit
with or without modifications or take it under advisement with its
decision to be rendered at its next regularly scheduled meeting.
C.Â
If one is required, no building permit application shall be reviewed
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.
D.Â
All decisions of the Board shall be in writing. A copy shall be sent
to the applicant and a copy filed with the Building Department and
Town Clerk's office. The Board's decision shall state the
reason for denying any application.
E.Â
Appeals may be submitted in writing to the Town Board.
A.Â
Before demolishing or relocating a designated landmark property the
owner shall obtain a certificate of appropriateness from the Board
and shall establish that:
B.Â
No later than 15 days before a regularly scheduled meeting the property
owner shall contact the Supervisor's office to be placed on the
Historic Preservation Board agenda to present the findings.
C.Â
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 action.
D.Â
Appeals may be submitted in writing to the Town Board.
It shall be the duty of the Code Enforcement Officer to inspect
periodically any such work to assure compliance. If 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 if 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.Â
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.Â
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.