Town of North Salem, NY Chapter 130 Landmark and Historic Preservation

[HISTORY: Adopted by the Town Board of the Town of North Salem 3-14-1995 by L.L. No. 2-1995.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Zoning — See Ch. 250.

[1] Editor's Note: This local law superseded former Ch. 130, Landmark and Historic Preservation, adopted 3-27-1984 by L.L. No. 1-1984, as amended.

§ 130-1 Findings and purposes.

A. The Town Board of the Town of North Salem finds and declares a matter of public policy that is desirable and necessary to provide for the protection, enhancement, preservation and maintenance of structures, districts or sites of historical, cultural and architectural significance, to promote cultural and educational advantages, to safeguard aesthetic values, to foster civic pride and to advance the health, in order to secure economic and commercial benefits, safety and general welfare of the residents of the Town of North Salem. The continuing presence of said structures, districts or sites is an essential element of the character and identity of North Salem. Historic landmark structures from various periods in American architecture may be viewed in North Salem, with many of the structures in their original settings.

B. The Town Board further finds and declares that the threat of demolition, disrepair or decay of historic structures and sites, the threat of construction of structures of inappropriate or poor quality of design in the exterior appearances and the threat of changes made to the exterior appearances of existing structures in historic districts have impaired or may impair the desirability of the immediate area and neighboring areas, have injured or may injure the stability and value of both improved and unimproved real property in such areas, have prevented or may prevent the most appropriate development of such areas and have threatened or threaten to destroy a proper relationship between the tangible value of property in such areas and the cost of municipal services provided therefor. Such developments threaten the economy and general welfare of the Town. To avert such injury, there is a public necessity to secure for the people of North Salem the benefits of this chapter.

C. The purposes of this chapter are as follows:

(1) To protect and enhance the historical, architectural, cultural, geological and archaeological heritage which is found within the Town of North Salem and is illustrative of the growth, development and character of our nation, our state and our Town.

(2) To recognize and ensure the preservation of those elements of the Town's past which represent many and varied architectural and cultural achievements which cannot be duplicated or otherwise replaced.

(3) To promote the use, reuse and conservation of historic, architectural and cultural structures, sites and districts as a means of providing enjoyment and unique educational and physical evidence of North Salem's past.

(4) To protect and enhance the Town's attractions to residents and visitors.

(5) To foster civic pride in those elements of the Town's past which give North Salem its unique character, its sense of orientation and civic identity and which sets it apart from other communities.

(6) To stabilize and improve property values within the Town of North Salem by conserving and perpetuating the use and reuse of North Salem's historic, architectural and cultural structures, sites and districts.

§ 130-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ADDITION

The construction of any new improvement which changes the exterior appearance of any landmark or any structure within an historic district.

ALTERATION

Any work which changes or will change the appearance, color, material or texture of the exterior of the structure, including but not limited to windows, doors, lights, signs, roof, trim, shutters, siding or columns.

CERTIFICATE OF APPROPRIATENESS

A certificate issued by the Historic Preservation Commission indicating that a proposed change, alteration, relocation or demolition of a landmark or new construction within an historic site or district is in accordance with provisions of this chapter.

DEMOLITION

The substantial deterioration or the razing, removal or destruction of any structure or the obliteration of any natural feature.

HISTORIC DISTRICT

Any designated area containing a significant concentration, linkage or continuity of sites or structures which:

A. Has historic significance.

B. Represents one or more significant periods or styles in the history and/or architectural and social development of the Town.

C. Has special character and/or special historical, architectural or cultural value which causes it to constitute an area or neighborhood distinct from surrounding portions of the Town.

D. Is united by past events or aesthetically by plan or physical development or location.

E. Has a unique character resulting from its architectural style.

HISTORIC SIGNIFICANCE

The attributes of a district, site or structure which possess integrity of location, design, setting, materials, workmanship, aesthetics and association which:

A. Are associated with events that have made a significant contribution to the broad patterns of our history.

B. Are associated with the lives of persons significant in our past.

C. Embody the distinctive characteristics of a type, period or method of construction or that represent a significant and distinguishable entity whose comments may lack individual distinction.

D. Have yielded or may be likely to yield information important in prehistory or history.

E. Are part of the reconstruction when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan and when no other structure with the same association has survived.

F. Constitute a property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance.

G. Represent a property achieving significance within the past 30 years if it is of exceptional importance or is unique with the Town.

LANDMARK

Any building, structure, object, ruins, cemetery or natural object, configuration, geological formation or feature or parcel of land which has been designated under this chapter for any of the following reasons:

A. Has historic significance.

B. Is of particular historic, cultural, scenic or architectural significance to the Town of North Salem and reflects or exemplifies elements of the broad cultural, political, economic or social history of the nation, state or Town.

C. Is identified with historic personages or with important events in the main current of national, state or local history.

D. Embodies a distinguishing characteristic or an architectural type valuable as representative of a period, style or method of construction.

E. Represents a work of a builder, designer or architect whose individual style significantly influenced the architectural history of the nation, state or Town.

F. Has a unique location.

PROTECTIVE PERIMETER

That area surrounding a landmark, site or historic district (not necessarily encompassing the whole legal boundary of the property) needed to preserve the general aspect of the landmark, site or historic district.

REPAIR AND MAINTENANCE

The ordinary care and repair activity for any part of an improvement, structure or site in order to correct any deterioration, decay or damage or otherwise to restore to the condition prior to the occurrence of such deterioration, decay or damage and which is not an addition or alteration and which does not change the appearance of the exterior.

REPLACEMENT

Repairs for which a building permit is required under Chapter 250, Zoning, of the Code of the Town of North Salem and/or the New York State Building Code.

SITE

Object, ruins, cemetery or natural object, geological formation or feature or parcel of land.

STRUCTURE

Any building, construction, sign, fence, wall, object, landscape modification or part thereof made by human endeavor constructed or installed upon real property, whether permanent or temporary, to be kept at the location of such construction or installation for a period of not less than 60 continuous days.

§ 130-3 Historic Preservation Commission.

A. There is hereby created an Historic Preservation Commission (Commission).

B. Membership and composition.

(1) The Commission shall consist of seven members and one ex officio member appointed by Town Board according to the Town Law.

(2) Voting members shall own property in the Town of North Salem or reside in the Town of North Salem. When possible, at least one of the members shall be a registered architect and all members shall have an interest in historic preservation in North Salem and knowledge of the history of the area. New members may be selected from a panel of such persons nominated by the North Salem Historical Society. The Historian of the Town of North Salem shall be an ex officio, nonvoting member of the Commission. This brings the total of Commission members to eight.

[Amended 10-13-2015 by L.L. No. 5-2015]

(3) Members shall serve for terms of five consecutive years. Members may serve for more than one term, and each member shall serve until a successor is appointed and qualified.

(4) Vacancies shall be filled by the Town Board according to the Town Law for the balance of the incumbent's unexpired term. When a vacancy occurs, the Commission shall advise the Town Board of any particular requirements.

(5) The Commission shall elect from its membership a Chairman and Vice Chairman annually.

(6) The members shall serve without compensation but may be reimbursed for expenses necessarily incurred in the performance of their duties.

(7) The Commission shall be served by a Secretary. The Secretary shall keep minutes of the Commission's proceedings, showing the vote of each member upon every question or if absent or if failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Commission shall immediately be filed in the office of the Commission and with the Town Clerk and shall be a public record in accordance with the rules provided in § 130-3B(8). Within 60 days of a vacancy, the Town Board shall designate a Secretary who need not be a member of the Commission. The Secretary may be a volunteer or a paid employee. The Commission may designate a temporary Secretary for a period not to exceed 60 days at the salary vote set by the Town Board.

(8) The Commission shall adopt and publish its own rules of procedure in accordance with applicable law including the State Administrative Procedure Act, Open Meetings Law[1] and State Environmental Quality Review Act.[2] The Commission shall publish prior notice of date, time and place of meetings.

[1] Editor's Note: See Public Officers Law § 100 et seq.

[2] Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

(9) Four members shall constitute a quorum, and actions may be taken by vote of a majority of members present and voting, except that the affirmative vote of four or more members shall be required for the refusal to grant a certificate of appropriateness or to award a certificate of appropriateness with conditions for specific structural performance or other performance or other special conditions.

§ 130-4 Powers and duties of the Historic Preservation Commission.

The Commission shall have all powers and duties authorized by § 96-a of the General Municipal Law. Without limitation, this includes the following:

A. To designate landmarks and historic districts pursuant to § 130-5.

B. To hear and decide applications for certificates of appropriateness pursuant to § 130-6.

C. To report at least annually to the Town Board on the state of the historical, cultural and architectural resources in North Salem and to recommend measures to further effectuate the purposes of this chapter.

D. To collect and disseminate material on the protection, enhancement and maintenance of historical, cultural and architectural resources and techniques for preserving them.

E. To cooperate and advise all Town and any other federal, state or local government agencies regarding historically, culturally and/or architecturally significant structures and to serve as lead agency where appropriate.

F. To interpret this chapter and to adopt and promulgate regulations and procedures consistent with this chapter and other applicable laws as are necessary and proper for the effective performance of the duties herein assigned, including establishing application procedures for certificates of appropriateness as provided in § 130-6 herein and standards for preparing conservation guidelines for maintenance of designated landmarks and structures within historic districts.

G. To conduct surveys and maintain inventories of historic properties in the Town of North Salem of historical, cultural or architectural, geological and archaeological significance.

H. To seek advisory opinions and technical assistance from any municipal employees on any matters within the Commission's jurisdiction.

I. To obtain the services of qualified persons to direct, advise and assist the Commission within the limits of funds appropriated for the performance of its work, of grants and of any gifts and to obtain the equipment, supplies and other materials necessary to its effective operation.

J. To hear and record the testimony of any interested parties.

K. To maintain complete files and records with the Town Clerk, including the record of all hearings held before the Commission or before the Town Board under this chapter.

§ 130-5 Procedures for designation of landmarks and historic districts.

A. Designation. Any person may request the designation of a landmark or historic district by submitting to the Historic Preservation Commission (Commission) a completed application for such designation on a form furnished by the Commission. The Commission, in addition, may on its own motion initiate proceedings for the designation of any landmark or historic district. The Commission shall, in all cases, follow the procedures set forth in the New York State Environmental Quality Review Act.[1]

[1] Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

B. Informational requirements. The application for designation shall contain information on building materials, structural system, related outbuildings and surroundings, historical and archaeological significance and the suggested delineation of a protective perimeter. The property owner shall be sent with the application of a copy of this chapter by certified mail with return receipt.

C. Notice. Notice of a proposed designation shall be sent by certified mail with return receipt to the owner of the property proposed for designation 15 days prior to the hearing, describing the property proposed and announcing a public hearing by the Commission to consider the designation. Once this Commission has issued notice of a proposed designation, no building permits shall be issued by the Building Inspector until the designation is or is not effected.

D. Hearing and record. The Commission shall hold a public hearing on each proposed designation. Interested persons shall be entitled to present their opinions, suggestions and objections at this public hearing. A list shall be prepared for each structure, site and district proposed for designation, specifying the locations, any popular names and a description thereof. This list shall be included in the notice of public hearing to be published in a newspaper of general circulation in the Town not more than 30 nor less than 10 days before such hearing is to be held. Completed applications for designations scheduled for consideration at a hearing shall be on file with the Town Clerk and available for inspections by interested persons during the regular business hours at least 10 days before such hearing.

E. Decision of Commission. After consideration of the application and all information brought forth at the hearing, the Commission shall determine within 21 days of the close of the hearing whether all or part of any proposed structure, site or district qualifies as a landmark or historic district, as defined in § 130-2 of this chapter. This determination of the Commission shall constitute a recommendation to the Town Board of the Town of North Salem.

(1) Upon the Commission's recommendation of designation of the landmark site or historic district, § 130-6 of this chapter immediately becomes effective. At once upon recommending a designation, the Commission shall forward its recommendation for approval of the designation to the Town Board by certified mail with return receipt.

(2) If the Historic Preservation Commission disapproves any application for designation, the proceeding and restrictions with regard to the proposed historic district or landmark shall terminate.

F. Town Board determination. The Town Board shall act to approve or disapprove the designation within 65 days of receipt of the Commission's recommendations. If the Town Board disapproves a designation, § 130-6 of this chapter will no longer apply to the subject structure, site or district. The Town Board may, at its discretion, call a further public hearing on any recommendation for designation. Such hearings, if called, shall occur within 30 days of receipt of the decision of the Historic Preservation Commission, and the Town Board decision shall be rendered within 65 days of the close of such further public hearing.

G. Notice of determination. If the Historic Preservation Commission disapproves any application for designation, the proceeding with regard to the proposed historic district or landmark shall terminate. If the Historic Preservation Commission approves an application for designation, the notice of such approval and of its transmittal to the Town Board shall be given to the Town Building Inspector, the Planning Board, the Zoning Board of Appeals and sent by ordinary mail and first class certified mail to any owner of record of such property. When the Town Board approves or disapproves a designation or if a designation becomes final because the Town Board did not act upon it within 65 days, notice of the landmark or historic district decision shall be given to the Town Building Inspector, Planning Board, the Zoning Board of Appeals and the Assessor and sent by certified mail with return receipt to owner(s) of record of the subject property(ies). When the subject property is designated as a landmark or historic district, notice also shall be given to the New York State Historic Preservation Officer and to the County Clerk with a declaration of covenants.

H. Town register. The Historic Preservation Commission shall maintain a complete list and map showing all designated historic districts and landmarks which shall be made public and distributed to all municipal agencies reviewing development applications and issuing building and housing permits and to the police. This list and map shall be known as the "Town of North Salem Register of Historic Places."

I. Conservation guidelines. Within 90 days following designation as a landmark, the Commission shall establish conservation guidelines for each landmark or historic district. The conservation guidelines shall promote the conservation, rehabilitation and use of structures, sites and districts within the Town and shall promote the special historic, architectural, community or aesthetic interest or value of the structures, sites and districts. Insofar as practicable, the conservation guidelines shall promote redevelopment of historic structures and compatible new development within historic districts. The guidelines shall not limit new construction within any historic site or district to any one period or architectural style, but shall seek to preserve the integrity of existing historic structures. The conservation guidelines shall take into account the impact of the designation of a structure, site or district on the residents of the affected area and the effect of the designation on the economic and social characteristics of the affected area.

§ 130-6 Certificate of appropriateness.

A. Requirement for certificate. No person shall undertake any additions, alterations, repairs, replacement, new construction, demolition or relocation of structures, whether permanent or temporary, which affect the exterior appearance of a designated landmark or structure or any additions, alterations, repairs, replacement, new construction, demolition or relocation of structures, whether permanent or temporary, within a designated historic district without having first obtained a certificate of appropriateness (C of A). The certificate of appropriateness required by this section shall be in addition to any building, sign or other permit which may be required by any other Town ordinance, code, rule or regulation and shall be obtained before any other such permit is issued. All municipal agencies and officials responsible for such other permits shall refer persons whose proposed acts necessitate a certificate of appropriateness to the Historic Preservation Commission.

B. Procedure. Prior to the commencement of any work requiring a certificate of appropriateness, an application for such a certificate shall be filed with the Historic Preservation Commission. The application fee set by the Town Board in the Schedule of Fees shall accompany the application.[1]

(1) The application shall contain:

(a) The name, address and telephone number of the applicant.

(b) The location and photographs of the property.

(c) Elevation drawings of proposed changes, if available.

(d) Perspective drawings, including relationship to adjacent properties, if available.

(e) Samples of color or materials to be used.

(f) 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.

(g) Any other information which the Commission may deem necessary in order to visualize the proposed work.

(2) Complete applications for a certificate of appropriateness, when submitted to the Historic Preservation Commission (Commission), will be considered received at the next regularly scheduled meeting of the Commission.

(3) The application may be made only by the owner of the real property; the contract vendee of the real property with written consent of the owner; or the tenant of the real property with written consent of the owner. The Commission shall declare its intent to be lead agency and make all decisions required in this regard by the State Environmental Quality Review Act.[2]

[2] Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

[1] Editor's Note: The fee is on file in the office of the Town Clerk.

C. Issue of certificate.

(1) Within 90 days of receipt of a complete application for a certificate of appropriateness (unless an extension is mutually agreed upon), the Commission shall determine whether to conduct a public hearing or waive a public hearing for good cause on the proposed change and shall determine whether the proposed change will be appropriate. In the event that a public hearing is held, notice of the same shall be published once in the official newspaper, not less than 10 days prior to the date thereof, and copies of the notice shall be mailed certified mail, return receipt requested, by the applicant to all property owners within 250 feet of the applicants property or to all property owners in the historical district in the event that such a district is formed at least 10 days prior to the date set for public hearing.

(2) The Commission's decision shall be based on the following principles:

(a) Properties which contribute to the character of the landmark and/or historic district shall be retained, with their historic features altered as little as possible.

(b) Any alteration of the landmark shall be compatible with its historic character, as well as with the surrounding district.

(c) New construction shall be compatible with the landmark and/or district in which it is located.

(3) In applying the principle of compatibility, the Commission shall consider the following factors:

(a) The general design, character and appropriateness to the property of the proposed alteration or new construction.

(b) The scale of proposed alteration or new construction in relation to the property itself, surrounding properties and the neighborhood.

(c) Texture, materials and color and their relation to similar features of other properties in the neighborhood.

(d) Visual compatibility with surrounding properties, including proportion of the property's facades, proportion and arrangement of windows and other openings within the facades, roof shape and the rhythm of spacing of properties on streets, including setback.

(e) The importance of historic, architectural or other features to the significance of the property.

(4) With respect to demolition, in whole or in part, the Commission shall consider approval of a certificate of appropriateness only if the building has been determined to be a public safety hazard or has suffered a catastrophic and irreversible loss of physical integrity.

[Amended 10-13-2015 by L.L. No. 5-2015]

(5) With respect to relocation of any structure within an historic district or landmark, the Commission shall consider:

(a) Whether there is an historic loss to the site of the original location.

(b) The reasons for not retaining the structure at its present site.

(c) The proximity of the new location to the Town, including the accessibility to residents of North Salem and other citizens.

(d) The probability of significant damage to the structure due to relocation.

(e) If a structure is being moved on to a landmark's property or within an historic district, whether it conforms to applicable matters listed in § 130-6C(3) above.

(6) If the Commission approves a proposed change, the Commission shall issue a certificate of appropriateness which shall specify the work to be done and any conditions or limitations necessary in order to realize the purpose of this chapter. In issuing such certificate, the Commission may prescribe any conditions which it deems necessary to carry out the intent and purpose of this law. A certificate issued pursuant to this section shall be based upon the proposed plans comprising the application or otherwise submitted to the Commission for official consideration prior to issuance of said certificate. Any variation from plans granted in a certificate of appropriateness is prohibited unless an amended certificate is issued in accordance with such procedures as the Historic Preservation Commission shall establish by rule or regulation.

D. Delayed certificate of appropriateness for demolition. With resect to an application to demolish any structure located in an historic district or landmark, the Historic Preservation Commission may issue a delayed certificate of appropriateness staying any demolition. Such certificate shall prohibit demolition during a period for up to 10 months from the date of application, and during that period no building or demolition permit may be issued for the subject landmark or structure within an historic district. The Commission and the applicant shall undertake serious and continuing discussion during this ten-month period for the purpose of finding a viable method to save such structure. During such period, the applicant shall postpone demolition of the structure and make no change in the structure. At the end of this ten-month period, unless there is underway a mutually agreeable method of saving the subject structure bearing a prospect of eventual success, the certificate of appropriateness will be either approved or denied.

E. Denied, delayed or conditional certificates of appropriateness. If the Commission determines that a certificate of appropriateness should not be issued, or that a delayed certificate should be issued or denied or that a certificate of appropriateness should be conditioned or limited in any way, the Commission shall notify the applicant, in writing, of such determination and the Commission's reasons therefor within seven days of said decision and shall file such notice with the Town Clerk.

F. Building inspector. The Zoning Enforcement Officer is empowered to enforce this chapter. Unless the action of the Historic Preservation Commission is reversed by a court of competent jurisdiction, the Town Building Inspector shall refuse to grant a building permit or sign permit or demolition permit or other permit in an historic district or involving a landmark where a certificate of appropriateness has been denied or where the grant of such permit is not within the terms and conditions of such certificate of appropriateness as has been granted.

G. Duration of certificates and permits. Any certificate of appropriateness and any permit to demolish a building issued pursuant to these rules and regulations shall expire of its own limitation 12 months from the date of issuance if the work authorized is not commenced by the end of such twelve-month period. Any such certificate and permit shall also expire and become null and void if such authorized work is suspended and abandoned for a period of 12 months after being commenced. Any period or periods of time during which the right to use any such certificate or permit is stayed pursuant to these rules and regulations or to any statutory or judicial rule or order shall be excluded from the computation of the 12 months.

H. Approved absent determination. Notwithstanding the foregoing, if the Commission fails to issue a certificate of appropriateness or notify the applicant of its determination not to issue a certificate within 90 days after the completed application is received or within such additional time period as the Commission and the applicant may agree, such application shall be deemed approved.

§ 130-7 Hardship criteria.

A. Demolition. 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:

(1) The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible.

(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.

(3) Efforts to find a purchaser interested in acquiring the property and preserving it have failed.

(4) 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.

[Added 10-13-2015 by L.L. No. 5-2015]

B. Alteration. 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.

§ 130-8 Hardship application procedure.

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 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. Within 90 days of receipt of a complete hardship application, the Commission shall determine whether hardship exists.

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 with return receipt and a copy filed with the Town Clerk for public inspection. The Commission's decision shall state the reasons for granting or denying the hardship application.

§ 130-9 Maintenance and removal of dangerous conditions.

A. Duty to maintain. Every owner or other person in charge of a landmark structure or a structure in an historic district shall keep in good repair all of the exterior portions of such structures and all interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such structures to deteriorate, decay or become damaged or otherwise to fall into a state of disrepair. Examples of such deterioration include, but are not limited to:

(1) Deterioration of exterior walls or other vertical supports.

(2) Deterioration of roofs 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 the public safety.

B. Repairs for public safety. In any case where the Building Inspector may order or direct the construction, removal, alteration or demolition of any structure on a landmark site or in an historic district for the purpose of remedying conditions determined to be imminently dangerous to life, health or property, any person may comply with the Building Inspector's order without prior issuance of a certificate of appropriateness. The Building Inspector shall give the Historic Preservation Commission prior written notice of any such proposed order or direction. Except in extreme hazards threatening life, the Commission shall have the power to require that the work ordered by the Building Inspector be carried out so as not to change the exterior appearance where the danger may be abated without detracting from the exterior appearance.

C. Ordinary maintenance and repair. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of any structure, whether a landmark or within an historic district or otherwise, which does not involve a change in design, material, color or outer appearance thereof.

§ 130-10 Enforcement; penalties for offenses.

A. Violations.

(1) The Zoning Enforcement Officer is empowered to enforce this chapter.

(2) It shall be unlawful for any person, firm or corporation to construct, alter, add to, repair, move, demolish or change the exterior appearance of or maintain any building or structure or portion thereof which is a duly designated landmark or is located in a duly designated historic district in violation of any provision of this chapter or to fail in any manner to comply with a written notice, directive or order of the Historic Preservation Commission or the Building Inspector or to construct, alter or destroy any building or structure or part thereof in a manner not permitted by an effective certificate of appropriateness or certificate of delayed appropriateness.

(3) Any person who shall fail to comply with a written order of the Historical Preservation Commission or Building Inspector within the time fixed for compliance therewith and any owner, building, architect, tenant, contractor, subcontractor, construction superintendent or his agent or any other person knowingly taking part or assisting in the violation of any of the applicable provisions of this chapter and any lawful order, notice, directive, permit or certificate made hereunder shall be punished by a civil fine of not more than $100. Each day that a violation continues shall be deemed a separate violation. A violation of the certificate of delayed appropriateness (i.e., demolition of structure) shall be punished by a civil fine of not more than $10,000. In addition to any fine imposed hereunder, the property owner may be required by a court of competent jurisdiction to restore the structure to its appearance prior to the violation to the extent it may be feasible to do so.

B. Counsel. The North Salem Town Attorney shall be counsel to the Commission and shall represent it in all administrative and judicial proceedings.

§ 130-11 Short title.

This chapter may be known as the "Historic Preservation Law of the Town of North Salem."

§ 130-12 Conflicts with other provisions.

Nothing contained in this chapter shall be construed as authorizing the Commission to waive any regulation or laws relating to zoning and planning of the Town of North Salem. In exercising its powers and performing its functions with reference to an historic district or a landmark, the Commission may apply or impose conditions with respect to the construction, alteration, addition, repair, replacement, relocation or demolition of any structure or sign, and determinations which are more restrictive than those prescribed or made by or pursuant to the applicable regulations contained in any other applicable provisions of law.

§ 130-13 Appeals.

[Amended 10-13-2015 by L.L. No. 5-2015]

Any person aggrieved by a decision of the Historic Preservation Commission relating to hardship or a certificate of appropriateness may, within 90 days of the decision, file a written application with the Town Board for review of the decision. Reviews shall be conducted based on the same record that was before the Commission and using the same criteria.

§ 130-14 Judicial review.

[Amended 10-13-2015 by L.L. No. 5-2015]

Any person or persons aggrieved by any decision or determination under this chapter may have the decision or determination reviewed by a special term of the New York State Supreme Court in the manner provided by Article 78 of the Civil Practice Law and Rules.