[HISTORY: Adopted by the Town Board of the
Town of Orchard Park 12-3-2003 by L.L. No. 6-2003. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction — See Ch. 45.
This chapter shall be known and cited as the
"Historic Preservation Law of the Town of Orchard Park."
A.
Orchard Park's collective past is embodied in buildings,
sites, and objects. These historic resources are a tangible link to
people and events that have shaped our lives, to builders who created
our architectural legacy, and to ways of life almost forgotten. This
chapter strives to promote a valid public purpose, to strengthen the
Town's economic base by enhancement of our aesthetic qualities, to
foster continued economic development, to provide financial incentive
for landmark rehabilitation, to improve property values community-wide,
and to preserve our architectural legacy for posterity.
B.
Regulations and decisions pursuant to this chapter
shall be made for the following reasons:
(1)
To protect and enhance the landmarks and historic
buildings situate in the Town of Orchard Park that represent distinctive
elements of Orchard Park's historic, architectural and cultural heritage;
(2)
To create a system of tax exemption to encourage real
property preservation;
(3)
To foster civic pride in the accomplishments of the
past;
(4)
To protect and enhance Orchard Park's attractiveness
to visitors;
(5)
To support and stimulate the Town's economy;
(6)
To ensure the harmonious, orderly and efficient growth
and development of the Town.
Pursuant to the authority conferred by Article
5-K and § 96-a (entitled "Protection of Historical Places,
Buildings and Works of Art") of the General Municipal Law of the State
of New York, the Town Board of the Town of Orchard Park does hereby
enact this chapter to establish local law, regulations, restrictions
and special conditions for the protection, enhancement, perpetuation
and use of places, districts, sites, buildings, structures, works
of art and other objects having special character, historical or other
aesthetic significance or value. Pursuant to that authority, the Town
has adopted standards to be followed in historic preservation.
As used in this chapter, unless the context
requires otherwise, the following terms shall have the following meanings.
Conversion of a building originally designed for a certain
purpose to a different purpose.
To change one or more exterior features of a landmark, an
improvement on a landmark site or structure.
Any structure or part thereof having a roof supported by
columns or walls for the shelter or enclosure of persons or property.
The Building Inspector of the Town of Orchard Park.
A certificate issued by the Presentation Board approving
plans for alteration, construction, removal or demolition of a landmark,
an improvement to a landmark site or structure.
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 person sitting on or having membership on a board or commission
in an advisory or liaison capacity, but who does not have a vote,
or power of decision-making authority as to that particular board
or commission.
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 of windows,
doors, signs and other such exterior features.
The exterior of a building or structure that can be viewed.
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 chapter.
A significant historical or cultural site(s) where buildings
or structures no longer exist, so designated pursuant to this chapter.
A person, firm or corporation which owns the fee of a property
or lessor state therein, a mortgagee or vendee in possession, a receiver,
and administrator, an excavator, 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.
Land and improvements thereon.
A place to which the public or a substantial group of persons
has access, and includes, but is not limited to, highways, transportation
facilities, schools, parks, playgrounds, churches, stores, restaurants
and municipal buildings or other buildings substantially open to the
public.
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 value.
Recovery of the form and details of a building, structure
or improvement and its site during a particular time.
A plot or parcel of land.
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 Orchard Park, County of Erie, State of New York
The Town Board of the Town of Orchard Park, County of Erie,
State of New York.
The Town Clerk and the office of the Town Clerk of the Town
of Orchard Park, County of Erie, State of New York.
A.
Establishment. The Town Board of the Town of Orchard
Park hereby creates a board, which shall be known as the "Town of
Orchard Park Historic Preservation Board," hereinafter referred as
the "Preservation Board." Said Preservation Board shall meet at least
monthly if any business is pending or at least quarterly if no business
is pending. Meetings may be held at any time on the written request
of the Town Supervisor, the Preservation Board Chairman, or any two
members of either the Preservation Board or the Town Board.
B.
Membership. The Preservation Board shall consist of seven members who shall be appointed by the Town Board. Persons whose primary residence is within the Town of Orchard Park shall be eligible for appointment by the Board, unless an individual with the qualifications set forth in § 74-5C below is not available in the Town of Orchard Park. All members shall serve terms of four years. Their successors shall be appointed for terms of four years from and after the expiration of their predecessors in office. If any Historic Preservation Board member 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.
[Amended 8-1-2007 by L.L. No. 6-2007; 4-27-2011 by L.L. No.
1-2011; 4-4-2018 by L.L. No. 3-2018]
C.
Composition. The Preservation Board shall be made
up entirely of members who have demonstrated significant interest
and commitment to the field of historic preservation. It shall be
composed, to the extent available in the Town of Orchard Park, of
the following:
(1)
At least one architect or student of architecture
enrolled as an upperclassman or graduate student in the State University
of New York at Buffalo School of Architecture, with preference towards
those with an interest in the field of historic preservation;
(2)
At least one member shall be a historian;
(3)
At least one member shall be a real estate professional;
(4)
At least one member shall be a professional engineer
or building contractor.
(5)
A representative of the Town of Orchard Park Planning
Board shall be an ex-officio member of the Preservation Board.
(6)
A representative of the Town Board of Orchard Park
may be an ex-officio member of the Preservation Board.
D.
Designation, powers and duties of Chairperson and
Vice Chairperson. The Chairperson and Vice Chairperson shall be elected
by and from the voting members of the Preservation Board and shall
serve a term of two years. If the Chairperson or Vice Chairperson
cannot fulfill his or her term of office, a successor shall be elected
by and from the membership to fill the remainder of the term of office
until the next regular election. The Chairperson shall chair and conduct
all meetings of the Preservation Board. The Vice Chairperson shall
ensure that the minutes of all Preservation Board meetings are suitably
recorded, prepared and distributed and, in the absence of the Chairperson,
to assume the duties of the Chairperson.
E.
Quorum. A quorum for the transaction of business shall consist of the majority of the Preservation Board members, excluding ex-officio members. A majority of the full membership, excluding ex-officio members, shall be required to grant or deny a certificate of appropriateness (§ 74-8 below).
F.
Powers. The Preservation Board shall be empowered
as follows:
(1)
To adopt criteria for the identification of historic,
architectural and cultural landmarks within the Town;
(2)
To recommend designation of properties that meet certain
criteria establishing their local, statewide, regional and/or national
importance, any one of which shall be sufficient to designate the
property as an historic site.
[Amended 3-7-2007 by L.L. No. 1-2007]
(3)
To make recommendations to the Town Board concerning
the utilization of state, federal or private funds or grants to promote
the preservation of landmarks within the Town;
(4)
To recommend the acquisition of a landmark or structure
by the Town;
(5)
To grant or deny certificates of appropriateness,
subject to review by the Building Inspector, who may override the
decision of the Board only in the event of an emergency.
[Amended 3-7-2007 by L.L. No. 1-2007]
(6)
To make recommendations to the Town Board on the acceptance
or granting of facade easements and development rights or other interests
in real property as necessary to carry out the purposes of this chapter;
(7)
To designate historic districts which shall be areas
of the community that convey a certain historic sense or impression.
[Amended 3-7-2007 by L.L. No. 1-2007]
(8)
To promulgate rules and regulations necessary for
the conduct of the Board's business;
(9)
To advise and recommend to the Town Board on matters
of employment of staff and professional consultants to carry out the
duties of the Preservation Board, if necessary.
(10)
To recommend designations to the Town Board, providing
the Town Board considers such recommendations under the same standard
as the Historic Preservation Board.
[Added 3-7-2007 by L.L. No. 1-2007]
G.
Records to be kept.
(1)
The Preservation Board shall keep minutes of its meetings,
showing the vote of each member on every vote. If such member is absent
or fails to vote, such fact shall be indicated in the minutes.
(2)
The Preservation Board shall also keep records of
its examinations or other official actions. The determination of the
Preservation Board shall be in writing, signed by the Chairperson.
(3)
Minutes of any business conducted by the Preservation
Board shall be placed on file in the offices of the Town Clerk and
the Planning and Zoning Board of the Town of Orchard Park.
A.
The Historic Preservation Board may recommend designation
of an individual property in the Town as a landmark if it:
(1)
Has attained the age of 50 years; or
[Amended 8-1-2007 by L.L. No. 6-2007]
(2)
Because of a unique location or singular physical
characteristic, represents an established and familiar visual feature
of a neighborhood or locale; or
(3)
Is associated with the life of an individual or people
or events significant in national, state or local history; or
(4)
Embodies the distinctive characteristics of a type,
a period or a method of construction; or
(5)
Represents the work of a master architect or designer
or possesses high artistic value.
B.
The Preservation Board may recommend designation of
a property or a group of properties as an historic site, subject to
Town Board approval, if it contains significant historical or cultural
sites where buildings or structures no longer exist, such as a cemetery
or a former significant establishment which is important to area history
or prehistory or may yield information relating to area history or
prehistory.
C.
Notification. The potential landmark designation shall
encompass properties in the Town of Orchard Park. A public hearing
relating to an individual property/properties shall be published at
least 15 days prior to the hearing date. The Preservation Board shall
request of the Town Board a public hearing on the individual property/properties.
The Preservation Board, property owners and other interested parties
may present testimony or documentary evidence at the hearing, which
will become part of a record regarding the historic architectural
or cultural significance of any local landmark or potential landmark.
The affected property owner shall receive notice by certified mail
that his or her property is being considered for designation.
[Amended 3-7-2007 by L.L. No. 1-2007]
D.
Permit deferment.
(1)
Upon initial consideration by the Board of a recommendation
for designation of an historic landmark or site, no building permits
for demolition, renovation or rebuilding, except for emergency demolition
or repairs, shall be issued by the Building Inspector for that property
until approved by the Town Board.
[Amended 3-7-2007 by L.L. No. 1-2007; 8-1-2007 by L.L. No. 6-2007]
(2)
If a property has ever been under consideration for
landmark designation, even though landmark status was not granted
by the Town Board, the Building Inspector shall issue no demolition
permits for 65 days following notification of the Preservation Board
of the application for such a certificate. During the pendency of
an application for designation, the Historic Preservation Board shall
encourage consultation among local civic groups to identify a viable
alternative to demolition of the designated property.
[Amended 3-7-2007 by L.L. No. 1-2007]
E.
A property is deemed "landmark" upon affirmative action
by the Town Board. Once given landmark status, that status shall remain
in perpetuity for that property, regardless of changes in ownership.
F.
Any designation pursuant to this chapter shall be
recorded in the office of the Erie County Clerk in such form as may
be determined appropriate by the Erie County Clerk.
G.
The landmark designation shall take effect upon the
adoption of a resolution of the Orchard Park Town Board.
[Amended 3-7-2007 by L.L. No. 1-2007]
A.
Real property tax exemption as it pertains to increase
in property tax which could be a result of alteration or rehabilitation.
(1)
In accordance with the Real Property Tax Law of the
State of New York (RPTL), § 444-a, entitled "Historic Property,"
the Town Board of the Town of Orchard Park has authority to grant
taxation and special ad valorem levy exemptions consistent with this
section.
(2)
Real property which meets the landmark criteria that
is altered or rehabilitated subsequent to the effective date of this
chapter from Town of Orchard Park shall be exempt from real property
and ad valorem levies to the extent of that increase in real property
tax or levy which is a result of such alteration or rehabilitation.
The exemption shall be subject to and in accordance with the following
schedule:
Year of Exemption
|
Percentage of Exemption
|
---|---|
1
|
100%
|
2
|
100%
|
3
|
100%
|
4
|
100%
|
5
|
100%
|
6
|
80%
|
7
|
60%
|
8
|
40%
|
9
|
20%
|
10
|
0%
|
(3)
No such exemption shall be granted for such alterations or rehabilitations unless such property qualifies as a landmark under the criteria set forth in § 74-6A, above, and such alterations and rehabilitations are approved by the Town of Orchard Park Historic Preservation Board prior to commencement of work.
(4)
Alterations and rehabilitations shall be deemed for
the purpose of historic preservation if only exterior work is involved,
or interior work is involved relating to that portion of a building
that is a public place.
(5)
Alterations for the purpose of converting one- or
two-family dwellings into multiple dwelling buildings shall not qualify
for exemption, unless the exterior of the structure is not to be modified.
(6)
The owner of real property must apply to the Preservation
Board for approval of any proposed rehabilitation or alteration. Such
application is to be made on a form prescribed by the State Equalization
Assessment Board and is available from the Preservation Board, Town
Assessor, or the Building Inspector. Application shall be filed with
the Town Building Inspector.
(7)
Exemptions granted under this section shall be made where the Town Assessor is satisfied that the applicant is entitled to an exemption. Approval by the Preservation Board shall be proof of such entitlement. The Town Assessor shall approve such application and such property shall thereafter be exempt from taxation and special ad valorem levies as herein provided [§ 74-7A(2)] commencing with the assessment roll prepared on the basis of the taxable status of the subject property. The assessed value of any exemption granted pursuant to this section shall be entered by the Assessor on the assessment roll with the taxable property, with the amount of the exemptions shown in a separate column.
(8)
An exemption granted pursuant to this section shall
exist and enure through its scheduled term to the benefit of any subsequent
owners of the landmark designated property.
B.
New York State income tax exemptions. The Historic
Preservation Board of Orchard Park shall cooperate to the fullest
extent with local property owners by providing whatever documentation
and/or forms necessary relative to the historic preservation of a
property, which falls within the realm of an exemption on New York
State income tax.
C.
Federal income tax exemptions. The Historic Preservation
Board of Orchard Park shall cooperate to fullest extent with local
property owners by providing whatever documentation and/or forms which
are necessary relative to the historic preservation of a property
which falls within the realm of the federal income tax exemption.
In the community interest with respect to privately
owned and public properties, no person shall carry out any exterior
alteration, restoration, reconstruction, excavation, grading, demolition,
new construction, or moving of a landmark property, 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 without
first requesting a review and endorsement from the Historic Preservation
Board in the form of a certificate of appropriateness as to the proposed
activity.
A.
Criteria for grant of certificate of appropriateness.
(1)
In passing upon an application for a certificate of
appropriateness, the Historic Preservation Board shall not consider
changes to the interior of buildings unless the building is a public
place and will continue to function as a public place, or is to be
converted to use as a public place.
(2)
The Board's decision shall be based upon the following
principles:
(3)
In applying the principal of compatibility, the Board
shall consider the following factors:
(a)
The general design, character and appropriateness
of the proposed alteration or construction;
(b)
The scale of the proposed alteration or construction
in relation to itself, surrounding properties and the neighborhood;
(c)
Texture, materials and color and their relation to
the property itself, the surrounding properties and the neighborhood;
(d)
Visual compatibility with surrounding properties;
and
(e)
The importance of historic, architectural or other
features relating to the significance of the property.[1]
[1]
Editor's Note: Former Subsection A(4), regarding
application for national or state landmark recognition, which immediately
followed this subsection, was repealed 8-1-2007 by L.L. No. 6-2007.
B.
Application for certificate of appropriateness.
(1)
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 Board. The application
shall contain:
(a)
The name, address and telephone number of the applicant.
(b)
The location of the property and photographs of the
property.
(c)
Elevation drawing of proposed changes.
(d)
Perspective drawings, including relationship of the
property to adjacent properties.
(e)
Samples of color and/or materials to be used.
(f)
Where the proposal includes signs or lettering, a
scale drawing showing the type(s) of lettering to be used, the method
of illumination and a plan showing the sign's proposed location on
the property.
(g)
Any other information which the Board may deem necessary
in order to visualize the proposed work.
(2)
No building or demolition permit shall be issued for
such proposed work until a certificate of appropriateness has first
been issued by the Preservation Board. That Board shall act to grant
or deny a certificate of appropriateness within 45 days of the date
upon which a completed application is filed. If the application is
not acted upon within 45 days, the application shall be deemed approved
and the Certificate granted. The applicant may request an extension
of the decision deadline date of up to 30 days, 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 Orchard Park.
C.
Administration and enforcement; display of certificate.
(1)
The Building Inspector shall administer and enforce
the provisions of this chapter. In connection with overseeing this
responsibility, the Building Inspector shall provide a written permit
procedure document coordinated with the established building permit
procedure.
(2)
All work performed pursuant to this chapter shall
conform to any requirements included herein. It shall be the duty
of the Building Inspector 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 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 the stop-work order is in effect.
(3)
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.
Nothing in this chapter shall be construed to prevent
the ordinary maintenance or repair of a landmark, 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 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 judgement of the Preservation
Board, produce a detrimental effect upon the life and character of
the property. 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.
[Added 8-1-2007 by L.L. No. 6-2007[1]]
An applicant whose certificate of appropriateness
for a proposed demolition has been denied may apply for relief on
the ground of hardship. In order to prove the existence of hardship,
the applicant shall establish that:
A.
The property is incapable of earning a reasonable
return, regardless of whether that return represents the most profitable
return possible;
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; and
C.
Efforts to find a purchaser interested in acquiring
the property and preserving it have failed.
[Added 8-1-2007 by L.L. No. 6-2007]
An applicant whose certificate of appropriateness
for a proposed alteration has been denied may apply for relief on
the ground of hardship. In order to prove the existence of hardship,
the applicant shall establish that the property is incapable of earning
a reasonable return, regardless of whether that return represents
the most profitable return possible.
[Added 8-1-2007 by L.L. No. 6-2007]
A.
After receiving written notification for the Preservation
Board of a denial of a certificate of appropriateness, an applicant
may commence the hardship process. No building permit or demolition
permit shall be issued unless the Preservation Board makes a finding
that a hardship exists.
B.
The Preservation Board may hold a public hearing on
the hardship application at which 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
Preservation Board, 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 Preservation Board shall be in
writing. A copy shall be sent to the applicant by registered mail
and a copy filed with the Town Clerk's office for public inspection.
The Preservation Board's decision shall state the reasons for granting
or denying the hardship application. If the application is granted,
the Preservation Board shall approve only such work as is necessary
to alleviate the hardship.
[Added 8-1-2007 by L.L. No. 6-2007[1]]
All work performed pursuant to a certificate
of appropriateness issued under this chapter shall conform to any
requirements included therein. It shall be the duty of the Building
Code Enforcement Officer to inspect periodically any such work to
assure compliance. In the event work is found that is not being performed
in accordance with the certificate of appropriateness, or upon notification
of such fact by the Historic Preservation Board, the Building Code
Enforcement Officer 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.
A.
Any person who violates any provision of this chapter
or any regulation adopted hereunder shall be guilty of an offense
punishable by a fine not exceeding $250 or imprisonment for a period
not exceeding 15 days, or both.
B.
Failure to comply with any of the provision of his
chapter shall result in the termination of any permits issued or any
proceedings commenced under provisions of this chapter.
C.
Any person 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
Board. 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.
[Amended 8-1-2007 by L.L. No. 6-2007]
Any person aggrieved by a decision of the Historic
Preservation Board relating to hardship or a certificate of appropriateness
may, within 30 days of the filing of the decision with the Town Clerk,
file a written application to 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 Preservation Board's decision
may be based only upon the record and criteria utilized by the Preservation
Board to render its decision. If new information becomes available
subsequent to the Preservation Board's decision, a new application
must be submitted to the Preservation Board. 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, ordinances or regulations,
the provisions of this chapter shall apply. Where greater restrictions
are imposed by any law, ordinance or regulations, such greater restrictions
shall apply.
No decision to carry out or approve an action
subject to the provision of this chapter shall be rendered by any
department, board, commission, officer or employee of the Town of
Orchard Park until there has been full compliance with all requirements
of this chapter. This shall not prohibit environmental, engineering,
economic feasibility or other studies. Compliance with this chapter
shall be required before commencement of an alteration.
This chapter shall apply to the Town of Orchard
Park.
If any section, clause or provision of this
chapter or the application thereof to any person is adjudged invalid,
the adjudication shall not affect other sections, clauses or provisions.
This chapter shall become effective immediately
upon adoption by the Town and filing with the Secretary of State of
the State of New York.