[Added 6-5-2006 by L.L. No. 4-2006]
It is hereby declared as a matter of public
policy that the protection, enhancement, and perpetuation of landmarks
and historic districts are necessary to promote the economic, cultural,
educational, and general welfare of the public. Inasmuch as the identity
of a people is founded on its past, and inasmuch as the Village of
Springville has many significant historic, architectural, and cultural
resources which constitute its heritage, this article is enacted pursuant
to § 119-dd of the General Municipal Law and is intended
to:
A.
Protect and enhance the landmarks and historic districts
which represent distinctive elements of the Village of Springville's
special character and its historic, architectural and cultural heritage;
B.
Foster civic pride in the accomplishments of the past;
C.
Protect and enhance the Village of Springville's attractiveness
to visitors and the support and stimulus to the economy thereby provided;
and
D.
Insure the harmonious, orderly, and efficient growth
and development of the Village of Springville.
For purposes of this article, the following
words shall be interpreted and defined as follows:
A person is "aggrieved" by, and can therefore appeal, an
order where the person has a direct interest in the controversy which
is affected by the result, and the adjudication has a binding force
against the rights or property of the person seeking to appeal; that
the adjudication may remotely or contingently affect interests which
the person represents does not give the person a right to appeal.
[Added 3-1-2021 by L.L.
No. 3-2021]
The Board of Trustees of the Village of Springville, Erie
County, New York.
The Code Enforcement Officer of the Village of Springville,
Erie County, New York.
The Village of Springville's Historic Preservation Commission
created pursuant to this article.
A person, firm, partnership, corporation or other legal entity
which owns the fee title to a property or site, a mortgagee or vendee
in possession, a receiver, an administrator or executor, a trustee
or any other person, firm, partnership, corporation or other legal
entity in control of a property or site.
Land and improvements thereon.
A plot or parcel of land.
The Village of Springville, Erie County, New York.
The duly appointed Clerk of the Village of Springville, Erie
County, New York.
There is hereby created a Commission to be known
as the “Village of Springville Historic Preservation Commission.”
A.
The Commission shall consist of five members to be
appointed by the Mayor with the approval of the Board of Trustees.
All members shall have an interest in historic preservation and architectural
development in the Village. To the extent available, membership should
include an architect experienced in working with historic buildings,
an historian, a person from the business community, and residents
of the Village.
[Amended 3-1-2021 by L.L.
No. 3-2021]
B.
Commission members shall serve for a term of four
years, with the exception of the initial term of one of the five members
which shall be one year, one which shall be two years, and one which
shall be three years.
C.
The Chairperson and Vice Chairperson of the Commission
shall be designated annually by the Mayor from among the members of
the Commission and shall be residents of the Village.
[Amended 3-1-2021 by L.L.
No. 3-2021]
D.
An alternate
Commission member may be appointed by the Mayor with approval of the
Board of Trustees and shall serve a term of four years.
[Added 3-1-2021 by L.L.
No. 3-2021[1]]
E.
The powers of the Commission shall include:
(1)
Recommendation of professional consultants to the
Board of Trustees as necessary to carry out the duties of the Commission;
(2)
Promulgation of rules and regulations as necessary
for the orderly conduct of its business;
(3)
Adoption of criteria for the identification of significant
historic, architectural, and cultural landmarks and for the delineation
of historic districts;
(4)
Identification of specific historic features of a
designated landmark or district;
(5)
Conducting surveys of significant historic, architectural,
and cultural landmarks and historic districts within the Village;
(6)
Designation of identified properties, sites, structures
or resources as landmarks and historic districts;
(7)
Recommendations to the Board of Trustees concerning
the donation of facade easements and development rights, and the making
of recommendations to the Board of Trustees concerning the acquisition
of facade easements or other interests in real property as necessary
to carry out the purposes of this article;
(8)
Increasing public awareness of the value of historic,
cultural, and architectural preservation by developing and participating
in public education programs;
(9)
Making recommendations to the Board of Trustees concerning
the utilization of state, federal, or private funds to promote the
preservation of landmarks and historic districts within the Village;
(10)
Approval or disapproval of applications for
certificates of appropriateness pursuant to this article;
(11)
Recommendations to the Board of Trustees regarding
the exercise of any of the powers granted to the Village by Article
5-K of the General Municipal Law that are not given to the Commission
by this article.
F.
The Commission shall meet at least monthly, but meetings
may be held at any time on the written request of any two of the Commission
members or on the call of the Chairperson or the Mayor. The Chairperson
shall cause minutes of all meetings to be prepared and shall file
a copy in the office of the Village Clerk.
G.
A quorum for the transaction of business shall consist
of three of the Commission's members, but not less than a majority
of the full authorized membership may designate a landmark or historic
district, grant or deny a certificate of appropriateness or exercise
any of the other powers of the Commission.
H.
Compensation of Commission members, together with
reasonable and necessary expenses of the Commission and its members,
shall be as may be determined by resolution of the Board of Trustees
within the appropriations provided therefor in the Village's annual
budget.
A.
The Commission may designate an individual property
as a landmark if it:
(1)
Possesses special character or historic or aesthetic
interest or value as part of the cultural, political, economic, or
social history of the locality, region, state, or nation; or
(2)
Is identified with historic personages; or
(3)
Embodies the distinguishing characteristics of an
architectural style; or
(4)
Is the work of a designer whose work has significantly
influenced an age; or
(5)
Because of unique location or singular physical characteristics,
represents an established and familiar visual feature of the neighborhood;
or
[Amended 3-1-2021 by L.L.
No. 3-2021]
(6)
Conforms with New York State Historic Preservation Office criteria
for an historic structure.
[Added 3-1-2021 by L.L.
No. 3-2021]
C.
The Commission shall hold a public hearing prior to
the designation of any landmark or historic district. The Commission,
owners, and any interested parties may present testimony or documentary
evidence at the hearing, which shall become part of the record regarding
the historic, architectural, or cultural importance of the proposed
landmark or historic district. The record may also contain consultant
reports, staff reports, public comments, or other evidence offered
outside of the hearing.
D.
The Village Clerk shall send notice of a proposed
designation of a landmark or a district by certified mail to the owner
of any property proposed for designation as a landmark or inclusion
within a district to the name and address shown on the latest tax
roll for the mailing of the Village tax bill, describing the property
or district and announcing the time and place of the public hearing
by the Commission to consider the designation. Such notice shall be
mailed by the Village Clerk at least 14 days prior to the date of
the public hearing. The Village Clerk shall also cause notice of the
time and place of the public hearing to be published in the Village's
official newspaper at least 10 days prior to the date of the public
hearing. Once the Commission has issued notice of a proposed designation,
no building permit shall be issued by the Code Enforcement Officer
with regard to that landmark or district until the Commission has
made its decision.
[Amended 10-16-2006 by L.L. No. 5-2006]
E.
The boundaries of each proposed historic district
designated henceforth and the location of each proposed historic landmark
shall be specified in detail and shall be filed, in writing, in the
Village Clerk's office for public inspection at least 10 days prior
to the public hearing.
F.
Following the public hearing and within 30 days after the Commission's decision designating a landmark or district, notice of that decision shall be published in the Village's official newspaper and sent by certified mail to the owner of any property so designated and addressed in the same manner as set forth in Subsection D of this section.
[Amended 10-16-2006 by L.L. No. 5-2006]
G.
The Village Clerk shall immediately forward notice
of each property designated as a landmark and the boundaries of each
designated historic district to the office of the Erie County Clerk
for recordation. This notice shall be signed and acknowledged by the
Village Clerk or Deputy Clerk.
H.
Provided the notices are mailed and published as required
by this section, the failure of a particular owner to actually receive
notice of the bearing or the designating decision shall not invalidate
the proceeding or the designation by the Commission of a landmark
or district.
[Amended 3-1-2021 by L.L.
No. 3-2021]
No person shall carry out any exterior alteration,
restoration, reconstruction, demolition, or new construction on a
site, or the moving of a landmark on a property, located within an
historic district, nor shall any person make any material change in
the appearance of such property, its light fixtures, signs, sidewalks,
fences, steps, paving, or other exterior elements which affect the
appearance and cohesiveness of the landmark or historic district,
without first obtaining a certificate of appropriateness from the
Commission. Emergency orders or actions made in the interest of public
safety or Building Code compliance by the Code Enforcement Officer
or the Mayor supersede certificates of appropriateness.
A.
In passing upon an application for a certificate of
appropriateness, the Commission shall not consider changes to interior
spaces. The Commission's decision shall be based on the following
principles:
(1)
Properties which contribute to the character of the
historic district shall be retained, with their historic features
altered as little as possible;
(2)
Any alteration of an existing property shall be compatible
with its own historic character, as well as with the character and
historic features of other properties in its neighborhood; and
(3)
New construction shall be compatible with the historic
landmarks in the area in which it is located.
B.
In applying the principle of compatibility, the Commission
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 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 compatibility with surrounding properties,
including the proportion of the property's front facade, the proportion
and arrangement of windows and other openings within the facade, roof
shape, and the rhythm of spacing of properties on streets, including
setback; and
(5)
The importance of historic, architectural, or other
features to the significance of the property.
A.
Prior to the commencement of any work requiring a
certificate of appropriateness, the owner shall file an application
for such a certificate with the Village Clerk, who shall immediately
transmit a copy to the Commission. The application shall contain:
(1)
Name, address, and telephone number of applicant/property
owner;
(2)
Location and photographs of the property;
(3)
Elevation drawings of proposed changes, if available;
(4)
Perspective drawings, including relationship to adjacent
properties, if available;
(5)
Samples of color and materials to be used;
(6)
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
(7)
A narrative statement describing all work to be done,
including material specifications;
(8)
Any other information which the Commission may deem
necessary in order to visualize the proposed work.
B.
No building permit shall be issued for such proposed
work until a certificate of appropriateness has first been issued
by the Commission. The certificate of appropriateness required by
this article shall be in addition to and not in lieu of any building
permit or authorization that may be required by any other law or regulation
of the Village, the Town of Concord, the County of Erie or the State
of New York.
C.
The Commission shall approve, deny, or approve the
certificate of appropriateness with modifications within 60 days from
the receipt of the completed application by the Commission. The Commission,
in its sole discretion, may 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.
D.
All decisions of the Commission shall be in writing.
A copy shall be sent to the applicant by certified mail and a copy
filed with the Village Clerk's office for public inspection. The Commission's
decision shall state the reasons for denying or modifying any application.
[Amended 10-16-2006 by L.L. No. 5-2006]
E.
Certificates of appropriateness shall be valid for
12 months, after which time the applicant may file a request for one
extension of 12 months with the Code Enforcement Officer for the same
project approved by the Commission. If any applicant still wishes
to undertake work on the property after that time frame the applicant
must reapply to the Commission. If the Code Enforcement Officer denies
the applicant's request for extension, the applicant must reapply
to the Commission.
An applicant whose certificate of appropriateness
for a proposed demolition has been denied may apply to the Commission
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.
An applicant whose certificate of appropriateness
for a proposed alteration has been denied may apply to the Commission
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.
A.
After receiving written notification from the Commission
of the denial of a certificate of appropriateness, an applicant may
commence the hardship process. No building permit or demolition permit
shall be issued unless the Commission makes a finding that a hardship
exists.
B.
The Commission may, in its sole discretion, 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
Commission, local preservation groups, and interested parties in a
diligent effort to seek an alternative that will result in preservation
of the property.
D.
All decisions of the Commission shall be in writing.
A copy shall be sent to the applicant by certified mail and a copy
filed with the Village Clerk's office for public inspection. The Commission's
decision shall state the reasons for granting or denying the hardship
application. If the application is granted, the Commission shall approve
only such work as is necessary to alleviate the hardship.
[Amended 10-16-2006 by L.L. No. 5-2006]
All work performed pursuant to a certificate
of appropriateness issued under this article shall conform to any
requirements included therein. It shall be the duty of the 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 Commission, the 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.
The filing of any application to the Commission under
this article shall be deemed accomplished when the completed application
is personally served upon the Village Clerk or upon the Village officer
or employee in charge of the Village Clerk's office during normal
business hours at the time filing is attempted. The Village Clerk
shall immediately forward a copy of such application to the Commission
for appropriate action.
B.
Notice to the applicant regarding the Commission's
decision on an application for a certificate of appropriateness shall
be deemed accomplished when such decision is sent to the applicant
by certified mail addressed to the applicant's address given on the
application.
[Amended 10-16-2006 by L.L. No. 5-2006]
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 design, material, color, or outward appearance.
No owner or person with an interest in real property designated as
a landmark or included within an historic district shall permit the
property to fall into a serious state of disrepair so as to result
in the deterioration of any exterior architectural feature which would,
in the judgment of the Commission, produce a detrimental effect upon
the character of the historic district as a whole or the life and
character of the property itself. Examples of such deterioration include:
A.
Deterioration of exterior walls or other vertical
supports;
B.
Deterioration of roofs or other horizontal members;
C.
Deterioration of exterior chimneys;
D.
Deterioration or crumbling of exterior stucco or mortar;
E.
Ineffective waterproofing of exterior walls, roofs,
or foundations, including broken windows or doors; and
F.
Deterioration of any feature so as to create a hazardous
condition which could lead to the claim that demolition is necessary
for the public safety.
A.
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. This civil
remedy shall be in addition to and not in lieu of any criminal prosecution
and penalty.
B.
Failure to comply with any of the provisions of this article shall be deemed a violation, and the violator shall be liable to a fine and imprisonment as provided in § 200-96 of this chapter; the Village may also seek injunctive and other relief as provided in that section and as may otherwise be provided by law to enforce the provisions of this article.
Any person aggrieved by a decision of the Commission
relating to hardship or a certificate of appropriateness may, within
30 days of notice of the decision, file a written application with
the Board of Trustees for review of the decision. Reviews shall be
conducted at a meeting of the Board of Trustees called for that purpose
based on the same record that was before the Commission and using
the same criteria. The applicant shall be given a reasonable opportunity
to be heard by at least a majority of the members of the Board of
Trustees prior to the Board of Trustees' decision on the review.
Where this article imposes greater restrictions
than are imposed by the provisions of any other law or regulation,
the provisions of this article shall apply. Where greater restrictions
are imposed by any other law or regulation, such greater restriction
shall apply.
