[HISTORY: Adopted by the Town Board of the Town of Amherst 10-3-1994 by L.L. No.
5-1994; amended in its entirety 12-18-2023 by L.L. No.
14-2023. Subsequent amendments noted where applicable.
For additional information regarding 2010, 2011 and 2012 state local
law numbers, refer to the Disposition List at the end of this volume.]
This chapter shall be Chapter 121 of the Code of the Town of Amherst and may be cited as the "Historic Preservation Law of the Town of Amherst."
In accordance with Section 96-a of the General Municipal Law
of the State of New York entitled "Protection of historical places,
buildings and works of art," and Article 5-K of the General Municipal
Law of the State of New York, entitled "Historic Preservation," the
Town Board of the Town of Amherst has the authority to provide, by
local law, regulations, special conditions and restrictions for the
protection, enhancement, perpetuation and the use of places, districts,
sites, buildings, structures, works of art and other objects having
special character or special historical or other aesthetic interest
or value. Pursuant to that authority, the Town Board has prepared
and adopted this Chapter setting forth standards to be followed in
historic preservation.
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 in its past and inasmuch as Amherst 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 Amherst's historic, architectural and
cultural heritage.
B.
Foster civic pride in the accomplishments of the past.
C.
Protect and enhance Amherst's attractiveness to visitors and
support and stimulate the Town's economy.
D.
Ensure the harmonious, orderly and efficient growth and development
of the Town.
As used in this chapter, the following terms shall have the
meanings indicated:
Conversion of a building originally designed for a certain
purpose to a different purpose.
To change one or more exterior architectural features of
a landmark, an 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 for the shelter or enclosure of persons or property.
The Commissioner of Building of the Town of Amherst.
A certificate issued by the Preservation Commission approving
plans for the alteration, construction, removal, improvement or demolition
of all or part of the exterior of a landmark, a landmark site or a
structure within an historic district.
Building an addition or making an alteration to an existing
structure or building a new principal or accessory structure.
Destruction of a building, structure or improvement.
A permit issued by the Building Commissioner allowing the
applicant to demolish and remove all or part of a building, structure
or improvement.
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 of a building or structure that can be viewed.
A geographically definable area so designated pursuant to
this code.
Any building, structure, place, parking facility, fence,
gate, wall, work of art or other object constituting a physical betterment
or any part thereof.
Property, object, structure or natural feature or any part
thereof so designated pursuant to this code.
A significant historical or cultural site(s) where buildings
or structures no longer exist, so designated pursuant to this code.
A person, firm or corporation 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
or corporation 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.
The Town of Amherst Historic Preservation Commission.
Land and improvements thereon.
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 buildings, 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.
Recovery of the form and details of a building, structure
or improvement and its site during a particular time.
Scenic landmarks encompass structures that are not buildings,
such as bridges, piers, parks, cemeteries, sidewalk, clocks and trees.
Principles developed by the National Park Service (36 CFR
68.3, as may be amended) to help protect historic properties by promoting
consistent preservation practices and providing guidance to the historic
building owners and building managers, preservation consultants, architects,
contractors, and project reviewers on how to approach the treatment
of historic properties. The Secretary of the Interior Standards for
the Treatment of Historic Properties may also be referred to in this
local law as "Secretary of the Interior Standards".
The location of a significant event, a prehistoric or historic
occupation or activity, or a building or structure, whether standing,
ruined or vanished, where the location itself maintains historical
or archeological value regardless of the value of any existing buildings,
structures or other objects. Examples of a site are a battlefield,
designed landscape, trail or campsite.
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 Amherst, County of Erie, State of New York.
The Town Board of the Town of Amherst, Erie County, New York.
The Town of Amherst Town Clerk.
A.
There is hereby created a commission to be known as the "Town of
Amherst Historic Preservation Commission."
B.
The Commission shall consist of seven (7) members. The Town of Amherst
shall be the primary residence of each Commission member. Commission
members shall serve terms of four years, with the exception of the
initial term, in which four (4) members shall serve terms of four
(4) years and three (3) members shall serve terms of two (2) years.
C.
Appointment of Commissioners shall be made by the Town Board.
D.
To the extent available in the Town of Amherst, the Commission should
consist of the following:
(1)
At least one (1) shall be an architect.
(2)
At least one (1) shall be an historian.
(3)
At least one (1) shall be a licensed real estate broker.
(4)
At least one (1) shall be a licensed professional engineer.
(5)
All members shall have demonstrated significant interest and commitment
to the field of historic preservation.
(6)
The Director of the Buffalo Niagara Heritage Village, or his/her
designee shall be a nonvoting, ex officio member of the Commission
and the designee shall be a resident of the Town of Amherst.
E.
The Chairperson and the Vice Chairperson shall be elected by and
from voting members of the Commission. The terms of office shall be
two (2) years. If the Chairperson or Vice Chairperson cannot fulfill
his or her term of office, a Chairperson or Vice Chairperson shall
be elected by and from the membership to fulfill the remainder of
the term until the next regular election.
F.
If any Commissioner resigns or otherwise cannot fulfill his or her
term of office, the Town Board shall appoint an interim member to
serve the remainder of the term.
G.
The Vice Chairperson shall ensure that minutes of all Commission
meetings are suitably recorded, prepared and distributed.
H.
The powers and duties of the Commission shall include:
(1)
To recommend to the Town Board landmarks, sites and historic districts
for the designation and adoption by local law.
(2)
To advise and recommend to the Town Board on matters of employment
of staff and professional consultants as necessary to carry out the
duties of the Commission.
(3)
To promulgate rules and regulations as necessary for the conduct
of its business.
(4)
To adopt criteria for the identification of significant historic
architectural and cultural landmarks and historic districts.
(5)
To conduct surveys of significant historic, architectural and cultural
landmarks within the Town.
(6)
To make recommendations to the Town Board on the acceptance or donation
of facade easements and development rights, the acquisition of facade
easements and development rights or other interests in real property
as necessary to carry out the purposes of this chapter.
(7)
To increase public awareness of the value of historic, cultural and
architectural preservation and the understanding of the value of historic
preservation, the history and resources of the town by developing
and participating in education programs.
(8)
To make recommendations to the Town Board concerning the utilization
of state, federal or private funds to promote the preservation of
landmarks and historic districts within the Town.
(9)
To recommend acquisition of a landmark or structure by the Town where
its preservation is essential to the purposes of this chapter and
where private preservation is not feasible.
(10)
To approve, approve with modifications, or deny applications
for certificates of appropriateness, subject to review by the Building
Commissioner pursuant to this Chapter.
(11)
To maintain an inventory of locally designated historic resources
and districts within the Town and publicize the inventory.
I.
The Commission shall meet at least monthly if any business is pending.
Meetings may be held at any time on the written request of any two
Commission members.
J.
A quorum for the transaction of business shall consist of a majority
of the Commission members, but not less than a majority of the full
authorized membership may grant or deny a certificate of appropriateness.
The commission shall delineate landmarks or historic districts
and recommend them to the Town Board for designation under local law.
A.
Individual Landmark: The commission may recommend an individual property
as an individual landmark if it:
(1)
Exemplifies or possesses special character, or historic or aesthetic
interest of value as part of the political, economic, or social history
of the Town;
(2)
Is identified with persons or events significant in local, state,
or national history;
(3)
Embodies the distinguishing characteristics of a type, period or
method of construction or design style, or is a valuable example of
the use of indigenous materials or craftsmanship; or is representative
of the work of a designer, architect or builder;
(4)
Represents an established and familiar visual feature of the community
by virtue of its unique location or singular physical characteristic,
represents an established and familiar visual feature of the community;
or
(5)
Has yielded or may be likely to yield information important in prehistory
or history.
B.
Historic District: The commission may recommend a group of properties
within the Town as an historic district if it:
(1)
Contains properties which meet one or more of the criteria for designation
as a landmark and which may have within its boundaries other properties
or structures that, while not of such historic and/or architectural
significance to be designated as landmarks, nevertheless contribute
to the overall visual characteristics of the landmark or landmarks
located within the historic district; and
(2)
Constitutes a unique section of the Town by reason of possessing
those qualities that would satisfy such criteria.
C.
Interior Landmark: The commission may recommend the interior of a
property as an interior landmark if such interior has special historical
or aesthetic interest or value as part of the development, heritage
or cultural characteristics of the town, and:
D.
Scenic Landmark: The commission may recommend a landscape feature
or group of features. Recommendations for designation must be accompanied
by such historical and architectural information as is required by
the commission to make an informed recommendation concerning the application.
E.
The boundaries of each proposed landmark, interior landmark, scenic
landmark, or historic district designated henceforth shall be specified
in detail with reference to the tax map identification number and
shall be filed, in writing, in the Town Clerk's office for public
inspection.
F.
Notice for a public hearing for a proposed designation shall be sent
by the Town Clerk thirty (30) days prior to a public hearing to the
owner(s) of any property(ies). The notice shall describe the property
proposed for designation, summarize the proposed action and announce
the date, time and location of the public hearing. A copy of the notice
of proposed designation shall also be sent to the Town Board.
G.
Once the Historic Preservation Commission has issued a notice of
a proposed designation, no building permits shall be issued by the
Building Commissioner except for emergency repairs until a final determination
on the proposed designation has been reached. The Historic Preservation
Commission shall provide a copy of any notice of proposed designation
to the Building Commissioner.
H.
The notice of proposed designation shall also be sent to the Town
of Amherst Highway Department, the Town of Amherst Engineering Department,
the Town of Amherst Planning Department, the Town of Amherst Assessor's
Department, the Buffalo Niagara Heritage Village and any other Town
department and/or county or state agency as appropriate. Each department/agency
shall be given thirty (30) days from the date of transmission to provide
comments on the proposed designation to the Historic Preservation
Commission.
I.
The Commission shall hold a public hearing prior to recommending
designation of any landmark, historic site or historic district. The
Commission, the property owner and any interested parties may present
testimony or documentary evidence at the hearing which will become
part of a record regarding the historic, architectural or cultural
importance of the proposed landmark or historic district. The record
may also contain staff reports, public comments or other evidence
offered outside of the hearing. A public hearing notice must be published
by the Town Clerk in the Town's designated official newspaper
at least fifteen (15) days prior to the hearing date.
J.
The Commission will recommend to the Town Board the designation of
a historic landmark, site or district. The Town Board will also conduct
a public hearing prior to acting on the recommendation.
K.
The Commission shall file notice of each property designated as a
landmark and of the boundaries of each designated historic district
with the Erie County Clerk's office, the Town of Amherst Clerk's
office, the Town of Amherst Building Department, the Town of Amherst
Planning Department, the Town of Amherst Highway Department, the Town
of Amherst Engineering Department and the Town of Amherst Assessor's
Department.
L.
Minutes of any business conducted by the Historic Preservation Commission
shall be placed on file in the Town of Amherst Clerk's office
and will be posted to the Town's website.
A.
The Town of Amherst Historic Preservation Commission is responsible
for the approval or disapproval of proposals for exterior changes
to a historic property designated under this local law. No person
shall carry out any exterior alteration, excavation, grading, restoration,
reconstruction, demolition, new construction, or move of a designated
historic landmark or property within a historical district nor shall
any person make any change within such property, its light fixtures,
signs, sidewalks, fences, steps, paving or other exterior elements
which affect the appearance or cohesiveness of the landmark or a designated
historic district without first obtaining a Certificate of Appropriateness
that authorizes such work from the Town of Amherst Historic Preservation
Commission.
B.
All changes to Town owned property affecting an individual landmark
or within a historic district shall be subject to the provisions of
this local law.
C.
The building department shall receive and file all applications issued
for any individual landmark, interior or landmark, scenic landmark,
or historic district to which this local law applies. The building
department shall transmit a copy of any such application to the Planning
Department which shall review same, and when the application is complete,
forward said application to the Historic Preservation Commission.
D.
The commission may require that the application for certificate of
appropriateness be supplemented by such additional information and/or
materials as may be necessary for a complete review by the commission.
The commission may impose such conditions or restrictions as it deems
necessary or appropriate on a case-by-case basis to promote or achieve
the purpose of this local law.
A.
Certificate of appropriateness; general criteria: The commission
shall approve the issuance of a certificate of appropriateness only
if it determines that the proposed work will not have any adverse
impact on the aesthetic, historical, or architectural significance
and value of the individual landmark or if the proposed work is within
a historic district, proposed work will not have a substantial adverse
effect on the aesthetic, historical, or architectural significance
of the property itself, the district or neighboring properties in
such district.
B.
In making this determination, the commission's decision to approve,
approve with modification(s) or deny an application for a certificate
of appropriateness for an individual landmark, interior landmark,
scenic landmark or property within a historic district will be guided
by the current edition of the Secretary of the Interior's Standards
for Rehabilitation and Guidelines for Rehabilitating Historic Buildings
as general criteria.
(1)
The commission's decision to approve, approve with modification(s),
or deny an application for a certificate of appropriateness for an
improvement to property located within a historic district shall be
based on the following principles:
(a)
Properties which contribute to the character of the historic
district shall be retained, with their historic features altered as
little as possible;
(b)
Any alteration of existing properties shall be compatible with
the surrounding historic district; and
(c)
New construction shall be compatible with the historic district
in which it is located.
C.
In applying the principle of compatibility set forth in paragraph
(b) of this Section, the commission shall consider the following factors:
(1)
The general design and character of the proposed alteration or new
construction relative to existing features of the property or improvement;
(2)
The scale and visual compatibility of the proposed alteration or
new construction in relation to the property itself, surrounding properties,
and the neighborhood;
(3)
Texture, materials and color and their relation to similar features
of the property and other properties in the neighborhood;
(4)
Visual compatibility with surrounding properties, including proportion
of the property's facade, proportion and arrangement of windows
and other openings within the facade, roof shape, and the rhythm of
spacing of properties on streets, including setback; and
(5)
The importance of historic physical and visual features to the significance
of the property.
D.
In approving an application for a certificate of appropriateness,
the commission shall find that the building or structure for which
the permit was requested, if erected or altered in accordance with
the submitted plan or with stated modifications, would be consistent
with the spirit and intent of this local law, would not be visually
offensive or inappropriate by reason of poor quality of exterior design,
monotonous similarity or visual discord in relation to the sites or
surroundings, would not mar the appearance of the area, would not
impair the use, enjoyment and desirability or reduce the values of
properties in the area, would not be detrimental to the character
of the neighborhood, would not prevent an appropriate development
and utilization of the site or of adjacent lands and would not adversely
affect the functioning, economic stability, prosperity, health, safety
and general welfare of the community. In addition the Commission's
decision shall be guided by the current edition of the Secretary of
the Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings as general criteria.
E.
Where the commission grants a certificate of appropriateness under
circumstances where the permitted activity is likely to uncover or
affect archaeological resources, the commission shall require reasonable
efforts to protect and preserve such resources. Where such protection
and preservation is not feasible, the commission shall nonetheless
impose appropriate and reasonable conditions to ensure that the archaeological
resource is made accessible for a reasonable period to qualified persons.
In cases where the owner is a government entity and thereby the lead
agency, the New York State SEQR regulations shall apply.
F.
The liaison in the Planning Department for the Commission will forward
a draft of the application of the certificate of appropriateness to
the Commission. The commission may require that the application for
certificate of appropriateness be supplemented by such additional
information or materials as may be necessary for a complete review
by the Commission. The Commission may impose reasonable conditions
or restrictions as it deems necessary or appropriate on a case-by-case
basis to promote or achieve the purposes of this chapter.
A.
Prior to the commencement of any work requiring a certificate of
appropriateness, the owner shall file an application for such certificate
with the Historic Preservation Commission. The application shall contain,
but not be limited to:
(1)
The name, address, telephone number and/or email of the applicant.
(2)
The location and photographs of the property.
(3)
Elevation drawings of proposed changes, if available.
(4)
Perspective drawings of proposed changes, if available.
(5)
Samples of color and/or materials to be used.
(6)
Where the proposal includes signs or lettering, a scale drawing showing
the type(s) of lettering to be used, all dimensions and colors, a
description of materials to be used, the method of illumination and
a plan showing the sign's proposed location on the property.
(7)
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 Commission shall act to approve, approve
with modifications, or deny a certificate of appropriateness within
65 days of the date upon which a completed application is filed with
the Historic Preservation Commission. If the application is not acted
upon within 65 days, the application shall be deemed approved. The
applicant may request an extension of the decision deadline date if
so desired. 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 Amherst.
A.
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 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 permitted by Chapter 203, Zoning, which would result in a reasonable return.
(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 grounds 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 alleged hardship relating to the property in question is unique,
and does not apply to a substantial portion of the district or the
neighborhood;
(3)
The requested relief, if granted, will not alter the essential character
of the neighborhood; and
(4)
The alleged hardship has not been self-created.
A.
After receiving written notification from the Commission of the denial
of a certificate of appropriateness, an applicant may commence the
hardship application process.
B.
The Commission shall hold a public hearing on the hardship application,
at which time 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 shall be filed
with both the Town Clerk's office and with the Building Department.
The Commission's decision shall state the reasons for granting
or denying the hardship application.
E.
No building permit or demolition permit shall be issued while the
hardship application is pending. The Commission shall make a determination
on whether a hardship exists. Building and demolition permits shall
be issued in accordance with that determination.
A.
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any architectural feature of a landmark
or property within an historic district which does not involve a change
in design, material, color or 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 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.
(2)
Deterioration of roof or other horizontal members.
(3)
Deterioration of exterior chimneys.
(4)
Deterioration or crumbling of exterior stucco or mortar.
(5)
Ineffective waterproofing of exterior walls, roofs or foundations,
including broken windows or doors.
(6)
Deterioration of any feature so as to create a hazardous condition
which could lead to the claim that demolition is necessary for public
safety.
A.
Administration. The Building Commissioner shall administer and enforce
the provisions of this chapter. In connection with overseeing this
responsibility, the Building Commissioner shall provide a permit procedure
coordinated with the established building permit procedure.
B.
Enforcement. All work performed pursuant to this chapter shall conform
to any requirements included herein. It shall be the duty of the Building
Commissioner to inspect periodically any such work to assure compliance.
In the event that work is found that is not being performed in accordance
with the certificate of appropriateness, the Building Commissioner
shall issue a stop-work order, and all work shall immediately cease.
No further work shall be undertaken on the project as long as the
stop-work order is in effect.
C.
The certificate of appropriateness shall be displayed on the building
in a location conspicuously visible to the public while work pursuant
to the certificate is being done.
A.
Any person who violates any provision of this chapter or any regulation
adopted hereunder is guilty of an offense punishable by a fine not
exceeding $250 or imprisonment for a period not to exceed 15 days,
or both. Each week's continued violation shall constitute a separate
violation.
B.
Failure to comply with any of the provisions of this chapter shall
result in the termination of any permits issued or any proceedings
commenced under provisions of this chapter.
C.
Any person(s) who demolishes, alters, constructs or permits a landmark
to fall into a serious state of disrepair which results in a violation
of this chapter shall be required to restore the property and its
site to an appearance acceptable to the Historic Preservation Commission.
Any action to enforce this subsection shall be brought by the Town
Attorney upon authorization by the Town Board. 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 designation, hardship, demolition permit application (see Chapter 151, Section 56 for related regulations) or a certificate of appropriateness may, within thirty (30) days of the filing of the decision in the Town Clerk's office, file a written application with the Town Board for review of the decision. The Town Board shall schedule a public hearing on the matter without unnecessary delay. The appeal of the Commission's decision may be based only upon the record and criteria utilized by the Commission to render its decision. If new information becomes available subsequent to the Commission's decision, a new application must be submitted to the Commission. The Town Board's decision on the appeal shall be considered final.
Where this chapter imposes greater restrictions than are imposed
by the provisions of any law, ordinance or regulation, the provisions
of this chapter shall apply. Where greater restrictions are imposed
by any law, ordinance or regulation, such greater restrictions shall
apply.
No decision to carry out or approve an action subject to the
provisions of this chapter shall be rendered by any department, board,
commission, officer or employee of the Town of Amherst until there
has been full compliance with all requirements of this chapter. This
shall not prohibit environmental, engineering, economic feasibility
or other studies, preliminary planning or budgetary processes, nor
the granting of an application relating only to technical specifications
and requirements, but not authorizing commencement of action until
full compliance with this chapter has been met.
This chapter shall apply to the entire area of the Town of Amherst,
excluding that area within the corporate limits of the Village of
Williamsville.
If any section, clause or provision of this chapter or the application
thereof to any persons is adjudged invalid, the adjudication shall
not affect other sections, clauses or provisions or the application
thereof which can be sustained or given effect without the invalid
section, clause or provision or application, and, to this end, the
various sections, clauses or provisions of this chapter are declared
to be severable.
This chapter shall take effect immediately.
