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."
[Amended 5-16-2018 by L.L. No. 10-2018]
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:
ADAPTIVE REUSE
Conversion of a building originally designed for a certain
purpose to a different purpose.
ALTER
To change one or more exterior architectural features of
a landmark, an improvement on a landmark site or a structure within
an historic district.
BUILDING
Any structure or part thereof having a roof supported by
columns or walls for the shelter or enclosure of persons or property.
CERTIFICATE OF APPROPRIATENESS
A certificate issued by the Preservation Commission approving
plans for alteration, construction, removal or demolition of a landmark,
an improvement to a landmark site or a structure within an historic
district.
CONSTRUCTION
Building an addition or making an alteration to an existing
structure or building a new principal or accessory structure.
DEMOLITION
Destruction of a building, structure or improvement.
EXTERIOR
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.
FACADE
The exterior of a building or structure that can be viewed.
HISTORIC DISTRICT
A geographically definable area so designated pursuant to
this code.
IMPROVEMENT
Any building, structure, place, parking facility, fence,
gate, wall, work of art or other object constituting a physical betterment
or any part thereof.
LANDMARK
Property, object, structure or natural feature or any part
thereof so designated pursuant to this code.
LANDMARK SITE
A significant historical or cultural site(s) where buildings
or structures no longer exist, so designated pursuant to this code.
OWNER
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.
PRESERVATION
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.
RECONSTRUCTION
Reproduction of the exact form and detail of a vanished building,
structure, improvement or part thereof as it appeared at a specific
time.
REHABILITATION
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.
RESTORATION
Recovery of the form and details of a building, structure
or improvement and its site during a particular time.
SITE
A plot or parcel of land.
STRUCTURE
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.
TOWN
The Town of Amherst, County of Erie, State of New York.
TOWN BOARD
The Town Board of the Town of Amherst, Erie County, New York.
[Amended 5-16-2018 by L.L. No. 10-2018]
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)Â At least one (1) shall be an architect.
(2)Â At least one (1) shall be an historian.
(3)Â At least one (1) shall be a licensed real estate broker.
(4)Â At least one (1) shall be a licensed professional engineer.
(5)Â All members shall have demonstrated significant interest and commitment
to the field of historic preservation.
(6)Â 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 of the Commission shall include:
(1)Â To recommend designation of historic landmarks, sites and districts
to the Town Board for its consideration.
(2)Â 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)Â To promulgate rules and regulations as necessary for the conduct
of its business.
(4)Â To adopt criteria for the identification of significant historic
architectural and cultural landmarks and or for the delineation of
historic districts.
(5)Â To conduct surveys of significant historic, architectural and cultural
landmarks within the Town.
(6)Â 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)Â To increase public awareness of the value of historic, cultural and
architectural preservation by developing and participating in education
programs.
(8)Â 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)Â 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)Â
To approve or disapprove applications for certificates of appropriateness,
subject to review by the Building Commissioner pursuant to this Chapter.
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. The Commission must meet at least once quarterly.
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.
[Amended 5-16-2018 by L.L. No. 10-2018]
A. The Commission may recommend designation of an individual property
as a landmark, subject to Town Board approval, if it:
(1)Â Is associated with the lives of individuals or of people or of events
significant in the national, state or local history.
(2)Â Embodies the distinctive characteristics of a type, a period or a
method of construction.
(3)Â Represents the work of a master architect or designer or possesses
high artistic values.
(4)Â Represents a significant or distinguished entity whose components
may lack individual or special distinction.
(5)Â Because of a unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood.
B. The Commission may recommend designation of a property or a group
of properties as an historic site, subject to Town Board approval,
if it:
(1)Â Contains significant historical or cultural sites where buildings
or structures no longer exist, such as a battlefield, a cemetery or
a former transportation facility; or sites which may yield information
important to area history or prehistory.
C. The Commission may recommend designation of a group of properties
as an historic district, subject to Town Board approval, if it:
(1)Â Contains properties which meet one or more of the criteria for designation
as a landmark; or
(2)Â Is an area that represents several periods or styles of architecture
typical of different areas of history; or
(3)Â Is an area that has several buildings of the same architectural period
or style and thus constitutes unified architectural streetscape consistency
or a significant community uniformity of style; or
(4)Â Is an area connected with significant events or cultural happenings
or development its involving ethnic, religious groups or other groups
of special historical interest; and
(5)Â By reason of possessing such qualities, constitutes a distinct section
of the Town of Amherst.
D. The boundaries of each proposed historic district designated henceforth
shall be specified in detail and shall be filed, in writing, in the
Town Clerk's office for public inspection.
E. Notice of 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) proposed for historic designation. 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.
F. 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.
G. 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.
H. 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.
I. The Commission will recommend to the Town Board the designation of
an historic landmark, site or district. The Town Board will also conduct
a public hearing prior to acting on the recommendation.
J. 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.
K. 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.
No person shall carry out any exterior alteration, restoration,
reconstruction, excavation, grading, demolition, new construction
or moving of a designated landmark or property within an historic
district, nor shall any person make any material change to such property,
its light fixtures, signs, sidewalks, fences, steps, paving or other
exterior elements which affect the appearance or cohesiveness of the
landmark or historic district without first obtaining a certificate
of appropriateness from the Historic Preservation Commission.
[Amended 6-20-2011 by L.L. No. 18-2011; 5-16-2018 by L.L. No. 10-2018]
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.