[HISTORY: Adopted by the Village Board of the Village of
Argyle 12-7-2005 as Title 15, Ch. 3, of the 2005 Village Code. Amendments noted where
applicable.]
The Village Board hereby declares as a matter of public policy
that the protection, preservation, perpetuation and use of places,
areas, buildings, structures and other objects having special historical,
community or aesthetic interest or value is a public advantage and
is promoted in the interest of the people. The purpose of this chapter
is to:
A.Â
Safeguard the cultural resources of the Village of Argyle by preserving
sites, structures, landmarks and districts which reflect elements
of the Village's cultural, social, economic, political, visual
or architectural history.
B.Â
Protect and enhance the Village's attractions to visitors and
residents, and serve as a support and stimulus to business, industry
and tourism.
C.Â
Foster civic pride in the beauty and notable achievements of the
past.
D.Â
Enhance the visual and aesthetic character, diversity and interest
of the Village.
E.Â
Promote the use and preservation of historic sites, structures, landmarks
and districts for the education and general welfare of the people
of the Village with respect to the cultural, civic, architectural
and historic heritage of the Village.
For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
The Historic Preservation Committee created hereunder, which
for purposes of this chapter shall be the Plan Commission.
Any work of man or nature that is primarily of interest for
its historical, archeological, natural, scientific or aesthetic value,
including, but not limited to, historic houses and other structures
such as barns, schools, kilns, archeological sites, American Indian
burial grounds and earthworks, buildings identified as the work of
an architect, developer or master builder whose work has influenced
the Village, and structures noteworthy because of their design, detail,
materials or craftsmanship, or association with historic persons or
events.
An area of the Village which contains one or more designated
sites, structures or landmarks. The historic district's boundaries
shall be shown on the Village Zoning Map.
Any area, place, structure, land or other object which has
been duly designated by the Village Board; this includes prehistoric
aboriginal sites.
A natural or man-made feature of local or regional interest
which is associated with a particular historic or prehistoric event.
Any man-made building which has special character, historic
interest or value as part of the development, heritage or cultural
characteristics of the Village.
A.Â
Composition.
(1)Â
Unless a Historic Preservation Committee is created by the Village
Board, the Plan Commission shall serve in that capacity for purposes
of this chapter.
(2)Â
In the event the Village Board decides not to have the Plan Commission
serve in this capacity, the Village Board shall establish a five-member
Historic Preservation Committee vested with the authority and responsibility
to propose action to safeguard and preserve the historic heritage
of the Village. In this role, the Historic Preservation Committee
will act in an advisory capacity to the Village Board in all matters
concerning properties which are designated as historical sites, structures,
landmarks and districts within the Village.
(3)Â
Members of the Historical Preservation Committee shall be chosen
and appointed with consideration of one or more of the following qualities:
(4)Â
The initial five-member committee shall be appointed to serve terms
as follows: position number one, one year; position number two, two
years; position number three, three years; position number four, four
years; and position number five, five years. As each term expires,
a new appointment or reappointment shall be made by the Village Board
for a term of five years. The Historic Preservation Committee shall
furnish recommendations to the Village Board for consideration for
new appointments.
(5)Â
The Historic Preservation Committee shall elect a Chairperson to
serve a one-year term. This Chairperson may be reelected or a new
Chairperson may be elected annually.
(6)Â
The Historic Preservation Committee shall hold regular meetings six
times annually. Additional meetings shall be held as needed to perform
the duties of the Committee. A quorum shall consist of three members.
(7)Â
The Village Board and Building Inspector shall be fully informed
of the decisions and recommendations of the Historic Preservation
Committee in order to distinguish and expedite actions to promote
and safeguard the Village's program of historic preservation.
B.Â
Inventory of cultural resources. The Village Board shall direct and empower the Historic Preservation Committee to establish and maintain a continuing inventory of cultural resources in the Village for consideration for placement on the historic register of the Village. Historic sites, structures, landmarks and districts shall be chosen for their eligibility as described under § 350-4 below.
C.Â
Nomination of properties. Property nominated by the Historic Preservation
Committee to be designated as a historic site, structure, landmark
or part of a district shall require a public hearing under the direction
of the Village Board. Notice of the public hearing shall be published
and also mailed to the owners of the property proposed.
D.Â
Notice to owners. The Historic Preservation Committee shall provide
full information to the property owners of the civic advantages and
responsibilities involved in accepting such designation. Approval
of the property owners shall be obtained as a prerequisite to official
designation.
E.Â
Restrictive covenant. The owner of any historic site or structure
may, at any time following such designation of this property, enter
into a restrictive covenant on the subject property after negotiating
with the Historic Preservation Committee. The Committee may assist
the owner in preparing such covenant in the interest of preserving
historic property. The owner shall record such covenant in the County
Register of Deeds office and shall notify the Village Assessor of
such covenant and the conditions thereof.
F.Â
Assistance with other registrations. The Historic Preservation Committee
shall provide encouragement, information and assistance to owners
of Village-designated historic properties who show interest in seeking
nomination to the National Register of Historic Places through the
State Historical Society.
G.Â
Promotional activities. The Historic Preservation Committee shall
promote interest in the community for designation of properties as
historic sites, structures, landmarks or as part of a historic district,
and assist property owners in submitting qualifications of their properties
as historic sites for consideration of such designation.
H.Â
Subcommittees. The Historic Preservation Committee shall have the
power to appoint subcommittees from the community and enlist the aid
of area historical societies and other organizations for assistance
in promoting the policy of the Village in the interest of historic
preservation.
I.Â
Funding. As it deems advisable, the Historic Preservation Committee
is empowered to solicit and receive funds for the purpose of preservation
of landmarks of the Village. Funds for such purposes shall be placed
in a special Village account.
In determining the eligibility of any area, site, place, building,
structure or district within the Village as a historic landmark, the
Historic Preservation Committee shall consider the following factors
with respect to eligibility:
A.Â
Its character, interest or value as a part of the history or cultural
heritage of the Village, state or United States.
B.Â
Its association with the persons or events which have made a significant
contribution to the cultural heritage.
C.Â
Its potential to yield information important in history or prehistory.
D.Â
Its embodiment of distinguishing characteristics of an architectural
type or style or element of design, detail, materials or craftsmanship.
E.Â
Its unique location or singular physical appearance representing
an established and familiar feature of a neighborhood or community
of the Village.
The Village of Argyle shall maintain a register of historic
sites, structures, landmarks and districts.
The owner of designated property shall report any planned external
alteration, including demolition, to the respective property to the
Historic Preservation Committee for review and recommendation. The
Historic Preservation Committee will base its recommendation according
to the guidelines set forth in the Secretary of the Interior's
Standards for Rehabilitation.
A.Â
Notification of every application for building, zoning or demolition
permits for properties on the Village Register shall be given by the
Village Building Inspector or his/her designee to the Historic Preservation
Committee for its review. The Committee shall make a recommendation
to the Village Board concerning the proposed permit.
B.Â
Considering that time is of the essence, the Historic Preservation
Committee shall act promptly in its consideration of an application
for building, zoning or demolition permits in relation to designated
properties. The review and recommendation shall be forwarded to the
Village Board within 30 days. The Village Board will vote to decide
if the permit will be issued or denied.
C.Â
The Village Board, in considering the recommendations of the Historic
Preservation Committee, shall determine if the work to be performed
adversely affects the designated historic property. In determining
whether or not there is such an adverse effect, the Village Board
shall consider the following factors:
(1)Â
Whether the work will significantly alter the appearance of the building
or structure so as to remove features which distinguish the historic
site, structure, landmark or district as a significant cultural resource.
(2)Â
Whether the use of the property will destroy, disturb or endanger
a known or suspected archeological feature.
D.Â
The Historic Preservation Committee may also recommend to the Plan
Commission variations which are comparable to the proposed changes
if the Plan Commission determines that such variations are necessary
to alleviate financial hardship placed upon the owner of the property.
The Historic Preservation Committee will be allowed another 30 days
to determine such variations. The Committee's recommendation
shall be considered by the Village Board before a vote is taken to
determine if a building, zoning or demolition permit will be issued.
E.Â
Nothing contained in this section shall prohibit the construction,
alteration or demolition of any improvement on a designated historic
property or in a historic district pursuant to any court judgment
to remedy conditions determined to be dangerous to life, health or
property. In such case, no approval from the Committee shall be required.
The Village of Argyle Municipal Building is designated as the
repository for all studies, surveys, reports, programs and designations
of all historic sites, structures, landmarks and districts.
