A.
The National Historic Preservation Act of 1966 established the national
historic preservation program, which operates as a decentralized partnership
between the federal government and the state. The 1980 amendments
to the National Historic Preservation Act authorized the Certified
Local Government (CLG) program, a federal-state-local preservation
partnership. Under this program, the Secretary of the Interior certifies
local governments as CLGs if they meet several requirements developed
by the National Park Service and the State Historic Preservation Office
(SHPO).
B.
To maintain CLG status, the City must adhere to requirements which
include maintenance of a local historic preservation commission with
the power to designate or recommend designation of historic properties;
provide historic preservation guidance; and approve or disapprove
demolition, relocation, new construction, or exterior alteration affecting
designated properties within its jurisdiction.
C.
Based on the above authority, and inasmuch as the City of Newburgh
has many significant historic, architectural and cultural resources
which constitute its heritage, this section is intended to establish
an Architectural Review Commission to:
(1)
Foster public knowledge, understanding, and appreciation in the beauty
and character of the City of Newburgh, and in the accomplishments
of its past;
(2)
Ensure the harmonious, orderly, and efficient growth and development
of the City;
(3)
Enhance the visual character of the City by encouraging new design
and construction that complements the City's historic buildings;
(4)
Protect and promote the economic benefits of historic preservation
to the City, its inhabitants and visitors;
(5)
Protect property values in the City;
(6)
Promote and encourage continued private ownership and stewardship
of historic structures;
(7)
Identify as early as possible and resolve conflicts between the preservation
of historic landmarks/districts and alternative land uses; and
(8)
Conserve valuable material and energy resources by ongoing use and
maintenance of the existing built environment.
D.
Scope. In 1977 the Newburgh City Council designated the East End
Historic District. In 1985 the district was enlarged and added to
the National Register of Historic Places. The Colonial Terraces was
added and Design Guidelines adopted by City Council in 2005.
A.
Creation and membership. There is hereby continued a Commission to
be known as the "City of Newburgh Architectural Review Commission
(ARC)." The ARC shall consist of seven members to be appointed by
the City Manager as follows:
(1)
At least one shall be an historian; such member may be a nonresident
of the City.
(2)
At least three shall be residents of an historic district or architectural
design district established within the City or residents of a designated
individual landmark building.
(3)
At least one shall be an architect; such member may be a nonresident
of the City.
(4)
All should have demonstrated significant interest in and commitment
to the field of historic preservation or architecture evidenced by
involvement in a local or regional historic preservation group, employment
or volunteer activity in the field of preservation planning, or other
serious undertaking in the field of historic preservation.
(5)
Except as provided above, all members shall be residents and shall
have an interest in historic preservation and architectural development
within the City of Newburgh.
B.
Members shall serve terms of five years from their most recent appointment.
C.
Two alternate members of the ARC shall be appointed by the City Manager
for terms of two years, commencing on the date of appointment. These
members shall serve when members are absent or unable to participate
on an application before the ARC. The Chairman of the ARC may designate
an alternate substitute for a member when such member is unable to
participate on an application or matter before the Commission. When
so designated, the alternate member shall possess all the powers and
responsibilities of such member of the Commission. Such designation
shall be entered into the minutes of every ARC meeting at which the
substitution is made. All provisions of state law and local law, codes,
rules and regulations relating to ARC member eligibility, vacancy
in office, or removal, compatibility of office and service on other
boards, as well as any provisions of any local law or local ordinance
relating to training, continuing education, compensation and attendance,
performance of duties, qualifications and others, shall also apply
to alternate members.
D.
Chairman. The Chairman shall be appointed by the City Manager. If
the City Manager shall not appoint a Chairman, then the Chairman shall
be elected by the members of the ARC.
E.
Vacancies occurring other than by expiration of term shall be filled
for the remainder of the unexpired term in the same manner as the
original appointments.
F.
Meetings. The ARC shall meet at least monthly, but may be held at
any time on the written request of the majority of ARC members or
on the call of the Chairman.
G.
Secretary. The secretary is a staff member of the City, and not a
voting member of the ARC. The Secretary shall keep and make available
to the public on request all records of meeting minutes, attendance,
resolutions and reports.
H.
Quorum. A quorum for the transaction of business shall consist of
four of the ARC members. A majority of the full authorized membership
is required to grant a certificate of appropriateness or designate
a landmark, historic district or architectural design district.
I.
Training. Each member shall complete a minimum of four hours of training
each year, designed to assist the members to be more effective in
carrying out their duties.
A.
The ARC shall exercise aesthetic judgment to maintain the character
of historic and architectural design districts, or a landmark, and
to prevent construction, reconstruction, alteration or demolition
which would be out of harmony with the architectural aesthetics, style,
materials, colors, line and details of the district and/or landmark.
B.
In addition to the aforementioned powers, the powers of the ARC shall
include:
(1)
Adoption of criteria for the identification of significant local
historic, architectural, and cultural landmarks and for the delineation
of historic districts.
(2)
Conduct surveys of significant historic, architectural, and cultural
landmarks and historic districts within the City.
(3)
Recommendation to the City Council of the designation of a local
building, structure or property or a collection of buildings, structures
or properties as a local landmark, historic district or architectural
design district, hereafter referred to as "designated properties."
(4)
Recommendation to the State Historic Preservation Office of the listing
of any local landmark for inclusion on the State Register of Historic
Places.
(5)
Increasing public awareness of the value of historic, cultural, and
architectural preservation by developing and participating in public
education programs.
(6)
Provision of advice and guidance to owners, contract vendees, and
residents of historic districts on financing sources that are available
specifically to properties within the historic districts, such as
the federal historic rehabilitation tax credit and property tax abatements.
(7)
Approval or disapproval of applications for certificates of appropriateness pursuant to this article as to designated properties pursuant to this article and as to all changes in exterior features or demolition of designated properties duly established by ordinance of the City, with the exceptions of those changes stated in § 300-40A(5) of this chapter.
The Commission shall delineate landmarks or historic districts
and recommend them to the City governing board for designation under
local law.
A.
Local landmark designation.
(1)
The ARC may make a recommendation to the City Council for the local
designation of a structure, building or property as a landmark if
it:
(a)
Exemplifies or possesses special character, or historic or aesthetic
interest of value as part of the political, economic, or social history
of the City;
(b)
Is identified with persons or events significant in local, state,
or national history;
(c)
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;
(d)
Represents an established and familiar visual feature of the
community; or
(e)
Has yielded or may be likely to yield information important
in prehistory or history.
(2)
Notice of a proposed designation shall be sent by certified mail
to the owner of the property proposed for designation at the address
on file for said property owner with the City Assessor, describing
the property proposed and announcing a public hearing by the City
Council to consider the designation. The proposal shall also be published
at least once in all official newspapers of the City at least five
days prior to the date of the public hearing. Once the City Council
has issued notice of a proposed designation, no building permit shall
be issued by the Building Inspector until the City Council has made
its decision.
(3)
The City Council shall hold a public hearing prior to designation
of any local landmark. The ARC, owners, and 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. The record may also
contain staff reports, public comments, or other evidence offered
outside of the hearing.
(4)
The City Council shall forward notice of each property designated
as a local landmark to the office of the Orange County Clerk for recordation.
(5)
The location of each local landmark designated henceforth shall be
specified in detail and shall be filed, in writing, in the Building
Inspector's office for public inspection.
B.
Historic district or architectural design district.
(1)
The ARC may recommend to the City Council the designation of a group
of properties as a local historic district or architectural design
district if the proposed district:
(2)
Designation of an historic district or architectural design district represents an amendment to this chapter and Zoning Map and shall be done in accordance with procedures contained in § 300-39 of this chapter and in accordance with § 83 of the General City Law of the State of New York.
(3)
The location of each local historic district or architectural design
district designated henceforth shall be specified in detail and shall
be filed, in writing, in the Building Inspector's office for public
inspection.
(4)
The location of each historic district or architectural design district
shall be shown as an overlay district on the City of Newburgh Zoning
Map.
(5)
The City Council shall forward notice of each designated historic
district or architectural design district to the office of the Orange
County Clerk for recordation.
A.
Certificate required.
(1)
The City of Newburgh Architectural Review Commission is responsible
for the approval or disapproval of proposals for exterior changes
to an historic property designated under local law. No person shall
carry out any exterior alteration, restoration, reconstruction, demolition,
new construction, or move of a designated historic landmark or property
within a designated historic district without first obtaining a certificate
of appropriateness that authorizes such work from the City of Newburgh
ARC.
(2)
The Building Department shall receive and file all applications issued
for any individual landmark, or landmarks or historic district to
which this chapter applies. The Building Department shall transmit
a copy of any such application to the Commission.
(3)
The Building Department may set up a preliminary review at the request
of the applicant, which will include an informational overview of
process and requirements.
(4)
The Commission may require that the application for a certificate
of appropriateness (COA) be supplemented by such additional information
or materials as may be necessary for a complete review by the Commission.
The Commission may impose such reasonable conditions or restrictions
as is necessary or appropriate on a case-by-case basis to promote
or achieve the purpose of this article.
(5)
Exemptions: The following activities do not require a certificate
of appropriateness under this article:
(a)
Repair, replacement and installation of electrical, plumbing,
heating and ventilation systems, provided that such work does not
affect the exterior of the structure.
(b)
Caulking, weather stripping, glazing and repainting of windows.
(c)
Repair of porches, cornices, exterior siding, doors, balustrades,
stairs or other trim when the repair is done in-kind to match historic
material and form.
(d)
Repair of storm windows (exterior, interior or wood), provided
that they match the shape and size of historic windows and that the
meeting rail coincides with that of the historic window; color should
match the window frame trim.
(e)
Installation of new window jambs or jamb liners.
(f)
Repair or replacement of awnings when work is done in-kind to
match existing materials and form.
(g)
Roof repair of historic roofing with materials that match the
existing material in form or better.
(h)
Repair of gutters and downspouts that match the existing material
in form or better.
(i)
Installation of insulation where exterior siding or trim is
not altered or damaged and is not inset from the insulation or stays
proud of the building plane as intended.
(j)
Repair of existing roads, driveways, sidewalks and curbs, provided
that work is done so that there are no changes in dimension or configuration
of those features. Concrete used for sidewalks, curbs and driveway
aprons shall be dyed in the mix prior to placing to emulate bluestone
in the historic district.
(k)
Exterior lead paint abatement that includes scraping and repainting
of exterior work and masonry surfaces.
(l)
Repair of fencing when work is done in-kind to match existing
material and form.
(m)
Repair or replacement of water, gas, storm or sewer lines.
(n)
Emergency repairs necessitated by a casualty to the property
(fire, storm, flood, etc.).
B.
In passing upon an application for a certificate of appropriateness,
the ARC shall not consider changes to interior spaces, unless they
are open to the public, or to architectural features that are not
visible from a public place, public street, or alley, unless the designation
of the property in the historic record documents interior features
of the property.
C.
Decisionmaking. The ARC's decision shall be based upon the following
principles:
(1)
Designated properties which contribute to the character of an historic
district or architectural design district shall be retained, with
their historic or architectural features altered as little as possible.
(2)
Any alteration of a designated property shall be compatible with
its historic character as well as with the surrounding district; and
(3)
New construction shall be compatible with the district in which it
is located and in harmony with the design guidelines established for
such district.
(4)
Items not contemplated at the time of this or other reference publications
shall be at the discretion of the ARC.
D.
Principles of compatibility. The ARC shall consider the following
factors:
(1)
The general design, character, and appropriateness to the property
of the proposed alteration or new construction.
(2)
The scale 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 other properties in the neighborhood.
(4)
Visual and aesthetic compatibility with surrounding properties, including
proportion of the property's front facade, proportion and arrangement
of windows and other openings within the facade, roof shape, and the
rhythm of spacing of properties in streets, including setback.
(5)
The importance of historic, architectural or other features to the
significance of the property.
(6)
The proposed action's consistency with design guidelines established
for an historic or architectural design district.
E.
Special demolition considerations. In considering applications for
demolition, the ARC shall consider:
(1)
Whether the building or structure is dangerous to health, safety
or life.
(2)
The extent, significance, and expense of repairs needed to maintain
the structure in good repair.
(3)
The historic value of the structure or property.
(4)
The contribution of the structure or property to community character,
or an existing, locally designated historic or architectural district.
(5)
The existence and extent of hardship criteria, including whether:
(a)
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible,
without being allowed the proposed demolition.
(b)
The property cannot be adapted for any other use, whether by
the current owner or by a purchaser, which would result in a reasonable
return, without being allowed the proposed demolition.
(c)
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
(6)
The potential of relocating the building and any other information
considered necessary by the ARC.
F.
Certificate of appropriateness application procedure. Prior to the
commencement of any work requiring a certificate of appropriateness,
the property owner, or contractor with written authorization of the
owner, shall file an application for a building permit with the City
of Newburgh Building Inspector and an application for such certificate
with the Commission. The application shall contain the following:
(1)
Name, address, and telephone number of the applicant;
(2)
Building permit application number as assigned by the Building Department;
(3)
Location and photographs of property;
(4)
Name of the NYS registered design professional (i.e., registered
architect) hired by the applicant. Unless the residential homeowner
creates the drawings him or herself, all drawings submitted by a NYS
registered design professional must have the seal and signature of
the licensee;
(5)
Elevation drawings of proposed changes, if available;
(6)
Perspective drawings, including relationship to adjacent properties,
if available;
(7)
Samples of building materials to be used, including their proposed
color;
(8)
Where the proposal includes signs or lettering, a scale drawing showing
the type of lettering to be used, all dimensions and colors, a description
of materials to be used, method of illumination, and a plan showing
the sign's location on the property; and any other information which
the Commission may deem necessary in order to visualize the proposed
work;
(9)
Copies of all SEQRA documents and proceedings.
(10)
Upon submission of a complete application, the Commission shall
have the authority to, without public hearing and notice:
(a)
Determine whether the proposed work constitutes ordinary maintenance
and repair for which a certificate of appropriateness is not required;
(b)
Approve work which is considered replacement-in-kind;
(c)
Approve work that is of any other type that has been previously
determined by the Commission to be appropriate for delegation to staff.
G.
Consent agenda.
(1)
The ARC is empowered to consider and approve multiple applications
with a single motion which have been placed on a consent agenda. The
decision shall be based on:
(a)
The nature and extent of the alteration or demolition being
proposed.
(b)
The degree to which the application is in conformance with the
appropriate design guidelines.
(c)
Written consent agenda guidance, approved by the ARC, regarding
paint colors, materials, and items generally suitable for specific
purposes within the district.
(2)
Items placed on the consent agenda shall be listed on the ARC's meeting
agenda and announced at the meeting. A majority vote of the ARC members
present at the meeting may remove an item from the consent agenda
and place it on the regular agenda for full consideration by the ARC.
(3)
The Chair of the ARC shall entertain a motion to approve items placed
on the consent agenda upon hearing no objection to the applications
remaining on the list.
(4)
Applicants with items pending on the consent agenda do not need to
attend the ARC meeting at which their application is being considered.
H.
No building permit shall be issued for such proposed work until a
certificate of appropriateness has first been issued by the ARC. The
certificate of appropriateness required by this section shall be in
addition to and not in lieu of any building permit that may be required
by any other ordinance of the City of Newburgh.
I.
In such cases when the current property owner does not plan on carrying
out the work applied for, but rather wants to transfer the COA approval
to a subsequent owner, the ARC approval shall be conditioned upon
completion of the approved scope of work within a reasonable time
frame or 24 months. Renewals of such conditions may be granted at
the sole discretion of the ARC upon application at least 30 days prior
to the expiration of the time limit.
J.
The ARC shall approve, deny, or approve with modifications the application
for a certificate within 60 days from the closing of the public hearing,
if any, and otherwise within 60 days from the receipt of the completed
application. The ARC shall hold a public hearing on the application
at which an opportunity will be provided for proponents and opponents
of the application to present their views. Notice of such public hearing
shall be published in the official newspaper of the City of Newburgh
at least five days prior to said hearing.
(1)
A public hearing shall not be required for an application limited
to approval of paint color or repair or maintenance of a building
or structure or property that does not involve the alteration or removal
of any exterior feature.
(2)
A public hearing shall not be required for items on the consent agenda.
K.
All decisions of the ARC shall be in writing. A copy shall be sent
to the applicant by regular mail and a copy filed with the Building
Inspector's office for public inspection.
A.
An applicant whose certificate of appropriateness for a proposed
alteration of a landmark property has been denied may apply for relief
on the grounds of economic hardship. In order to prove the existence
of economic hardship related to a proposed alteration, the applicant
shall establish that the denial of a certificate of appropriateness
will prevent the property owner from earning a reasonable return on
investment, regardless of whether that return represents the most
profitable return possible.
B.
Consultation; plan development. The applicant shall consult in good
faith with the Commission, local preservation groups, and other interested
parties in a diligent effort to seek an alternative that will result
in appropriate preservation of the property. The consulting parties
may include interested purchasers, as well as preservation and other
interested organizations, public agencies, developers, real estate
agents and individuals who may be instrumental in developing an economically
feasible solution.
C.
Economic hardship; criteria. Following the denial of a certificate
of appropriateness, the applicant may request a certificate of economic
hardship. In all cases other than a proposed demolition, removal or
relocation, the applicant shall prove the existence of economic hardship
by demonstrating to the Commission that:
(1)
The applicant cannot realize a reasonable return if compliance with
the Commission's decision is required; provided, however, that the
lack of reasonable return is proven by the applicant to be substantial
as demonstrated by competent financial evidence;
(2)
The alleged hardship relating to the property in question is unique,
and does not apply to a substantial portion of the district or 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.
D.
The Commission, in the granting of a certificate of economic hardship,
shall grant the minimum terms deemed necessary and adequate to address
the unnecessary hardship proven by the applicant, and at the same
time preserve and protect the character of the neighborhood and the
health safety and welfare of the community.
E.
Public hearing.
(1)
The Commission may hold a public hearing on the hardship application
at which an opportunity will be provided for the applicant and public
to present their views on the hardship application.
(2)
If no public hearing is held, the Commission must render a decision
on the hardship application within 62 days following its receipt of
a complete application.
(a)
A complete application includes the conclusion of all activities under Subsection C initiated to consult with necessary parties to determine whether the property may be preserved or rehabilitated in a manner that alleviates the hardship that would otherwise result while substantially accomplishing the goals of this chapter.
(b)
A complete application also includes receipt by the Commission
of all submissions necessary to meet the applicant's burden of proof.
(3)
Following the submission of a complete application, the Commission
may schedule a public hearing within a reasonable time and determine
within 62 days following the close of any public hearing held on the
application whether the applicant has met his or her burden of proof.
F.
Commission decision.
(1)
If the Commission finds that the applicant's burden of proof has
not been met, the Commission shall deny the application for a certificate
of economic hardship.
(2)
If the Commission finds that the applicant's burden of proof has
been met, the Commission shall issue a preliminary determination of
economic hardship within 62 days of the close of any public hearing
held on the application or within 62 days after the Commission has
received a complete application.
(3)
Within 62 calendar days following the Commission's preliminary determination
of economic hardship the Commission must make a final determination.
(4)
A decision of the Commission on the hardship application shall be
in writing and shall state the reasons for granting or denying it.
A copy shall be sent to the applicant by certified mail/return receipt
requested or courier service with proof of delivery or personal service
with proof of delivery and a copy filed with the City Clerk's office
for public inspection.
G.
No building permit or other land use approvals shall be issued unless
the Commission grants the hardship application. If the hardship application
is granted, the Commission shall approve only such work as is necessary
to alleviate the hardship.
A.
Demolition of an individual landmark or of a structure located in
and contributing to the significance of an historic district shall
be allowed only in case of economic hardship, unless the Building
Department, upon due deliberation has made an express written finding
that the structure presents an imminent threat to the public health,
safety and welfare.
B.
Any person desiring to demolish a designated historic building shall
first file an application for an historic building demolition permit
with the Building Department and an application for such certificate
with the Commission. An applicant must submit the following items:
(1)
Current level of economic return;
(2)
Amount paid for the property, date of purchase, party from whom purchased,
and relationship between the owner of record, the applicant, and person
from whom property was purchased;
(3)
Annual gross and net income from the property for the previous three
years; itemized operating and maintenance expenses for the previous
three-years, and depreciation deduction and annual cash flow before
and after debt service, if any, during the same period;
(4)
Remaining balance on the mortgage or other financing secured by the
property and annual debt-service, if any, during the prior three years;
(5)
Real estate taxes for the previous four years and assessed value
of the property according to the two most recent assessed valuations;
(6)
All appraisals obtained within the last two years by the owner or
applicant in connection with the purchase, financing, or ownership
of the property;
(7)
Form of ownership or operation of the property, whether sole proprietorship,
for-profit or not-for-profit corporation, limited partnership, joint
venture, or other;
(8)
Any state or federal income tax returns relating to the property
for the last two years;
(9)
Any listing of property for sale or rent, price asked, and offers
received, if any, within the previous two years, including testimony
and relevant documents regarding:
(10)
Feasibility of alternative uses for the property that could
earn a reasonable return;
(11)
Report from a licensed engineer or architect with experience
in rehabilitation as to the structural soundness of any buildings
on the property and their suitability for rehabilitation;
(12)
Cost estimates for the proposed construction, alteration, demolition,
or removal, and an estimate of any additional cost that would be incurred
to comply with the requirements for a certificate of appropriateness;
(14)
Expert testimony or opinion on the feasibility of rehabilitation
or reuse of the existing structure by an architect, developer, real
estate consultant, appraiser, and/or other real estate professional
experienced in historic properties and rehabilitation;
(15)
Any evidence of self-created hardship through deliberate neglect
or inadequate maintenance of the property; and
(16)
Economic incentives and/or funding available to the applicant
through federal, state, City, or private programs.
C.
Demolition of any such building may be approved only in connection
with approval of a replacement project.
D.
The Commission shall hold a public hearing and shall take one of
the following actions:
E.
During the continuance period, the Commission may investigate relocation
of the building (on site) or modification of the building for future
uses in a way which preserves the architectural and historical integrity
of the building.
F.
Demolition, removal or relocation hardship criteria.
(1)
Certificate of appropriateness for demolition, removal or relocation.
An applicant whose certificate of appropriateness for a proposed demolition,
removal or relocation of a landmark, resource or property has been
denied may apply for relief on the grounds of economic hardship. In
order to prove the existence of economic hardship sufficient to justify
demolition, removal, or relocation, the applicant shall establish
that the denial of a certificate of appropriateness will prevent the
property owner from earning a reasonable return on investment, regardless
of whether that return represents the most profitable return possible.
(2)
Certificate of appropriateness for demolition.
(a)
The applicant for a certificate of appropriateness for demolition
must establish to the Commission's satisfaction an imminent plan of
reuse or redevelopment of the affected property. The applicant for
an income-producing property shall establish that:
[1]
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible;
and
[2]
The property cannot be adapted for any other use, whether by
the current owner or by a purchaser, which would result in a reasonable
return; and
[3]
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
(b)
In deciding upon such application for removal, relocation or
demolition, the Commission may consider whether the owner has created
his own hardship through waste and neglect, thereby permitting the
property to fall into a serious state of disrepair.
(3)
Before approving the removal, relocation or demolition of an individual
landmark or structure within an historic district, the Commission
may suspend the application for up to 180 days to allow the applicant
to consult in good faith with the Commission, local preservation groups,
and the public in a diligent effort to seek a less intrusive alternative
to demolition.
A.
Enforcement. All work performed pursuant to a certificate of appropriateness
issued under this article shall conform to the requirements stated
in the certificate or reasonably implied therein. It shall be the
duty of the Building Inspector to periodically inspect any such work
to assure compliance with the certificate and all applicable law.
In the event any requirement included in the certificate of appropriateness
has not been met, or upon notification of that fact by the Architectural
Review Commission, the Building Inspector shall issue a stop-work
order and all work shall immediately cease. No further work shall
be undertaken on the project as long as a stop-work order is in effect.
B.
Any owner or person in charge of a property who demolishes, alters,
constructs, or permits a designated property to fall into a serious
state of disrepair in violation of this chapter in the absence of
a certificate of appropriateness, a finding of economic hardship,
or other approval by the Commission, may be required by the City Council
to restore the property and its site to its appearance prior to the
violation.
C.
Maintenance required. Nothing in this article shall be construed
to prevent the ordinary maintenance and repair of any exterior architectural
feature of a landmark or property within an historic district which
does not involve a change in the design, material, color, or outward
appearance. No owner or person with an interest in a designated property
shall permit the property to fall into a serious state of disrepair
so as to result in the deterioration of any exterior architectural
or historic feature which would, in the judgment of the ARC, produce
a detrimental effect upon the character of an historic or architectural
district as a whole or the life and character of a landmark. Examples
of such deterioration include:
(1)
Deterioration of exterior walls or other vertical supports;
(2)
Deterioration of roofs and 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; and
(6)
Deterioration of any features so as to create a hazardous condition
which could lead to a claim that demolition is necessary for the public
safety.
D.
Violations. If, in the judgment of the Commission, a violation exists
that will result in a detrimental effect upon the life and character
of a designated historic resource, landmark, property or on the character
of an historic district as a whole, the Commission shall notify the
Building Inspector. If, upon investigation, the Building Inspector
finds noncompliance with the requirements of the Property Maintenance
Code of the New York State Fire Prevention and Building Code, or any
other applicable law or regulation, the Building Inspector shall order
such remedies as are necessary and consistent with this chapter and
shall provide written notice thereof to the Secretary of the Commission.
E.
Penalties.
(1)
Failure to comply with any of the provisions of this article shall
be deemed a violation, and upon conviction the violator shall be liable
to a fine of not less than $500 or 15 days in jail, or both for each
day the violation continues.
(2)
Any person who demolishes, alters, constructs or permits a designated
property to fall into a serious state of disrepair in violation of
this article shall be required to restore the property and its site
to its appearance prior to the violation. An action to enforce this
subsection may be brought by the City in any court of competent jurisdiction.
This civil remedy shall be in addition to and not in lieu of any criminal
prosecution and penalty.
F.
Appeals. Any person aggrieved by a decision of the Commission relating
to a certificate of economic hardship or a certificate of appropriateness
may, within 15 days of the decision, file a written appeal to the
City governing board for review of the decision. Appellate review
shall be based on the same record that was before the Commission and
using the same criteria in this article.
A.
Design guidelines. The City Council, by resolution, may adopt design guidelines for any historic or architectural design district. Said design guidelines shall be drafted with the input and participation of the ARC and owners of property located within the district. A public hearing shall be held prior to the adoption of design guidelines, and notice of said public hearing shall be in accordance with § 300-39.
B.
The ARC, in its deliberations, shall be guided by design guidelines
that have been duly adopted by the City Council in any review authorized
herein.
C.
The East End Historic District. The ARC, in its deliberations, shall
be guided by the East End Historic District Guidelines, duly adopted
by the City Council by Ordinance No. 2-2008, dated February 25, 2008
and by the City Council's adoption of the CLG update scheduled for
2015.
D.
Colonial Terraces Architectural Design District. The ARC, in its
deliberations, shall be guided by the Colonial Terraces Design Guidelines
duly adopted by the City Council by Ordinance No. 3-2005, dated June
20, 2005.
