[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Editor's Note: This local law superseded former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.
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.
As used in this chapter, the following terms
shall have the meanings indicated:
The construction of any new improvement which changes the
exterior appearance of any landmark or any structure within an historic
district.
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.
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.
The substantial deterioration or the razing, removal or destruction
of any structure or the obliteration of any natural feature.
Any designated area containing a significant concentration,
linkage or continuity of sites or structures which:
Has historic significance.
Represents one or more significant periods or
styles in the history and/or architectural and social development
of the Town.
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.
Is united by past events or aesthetically by
plan or physical development or location.
Has a unique character resulting from its architectural
style.
The attributes of a district, site or structure which possess
integrity of location, design, setting, materials, workmanship, aesthetics
and association which:
Are associated with events that have made a
significant contribution to the broad patterns of our history.
Are associated with the lives of persons significant
in our past.
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.
Have yielded or may be likely to yield information
important in prehistory or history.
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.
Constitute a property primarily commemorative
in intent if design, age, tradition or symbolic value has invested
it with its own historical significance.
Represent a property achieving significance
within the past 30 years if it is of exceptional importance or is
unique with the Town.
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:
Has historic significance.
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.
Is identified with historic personages or with
important events in the main current of national, state or local history.
Embodies a distinguishing characteristic or
an architectural type valuable as representative of a period, style
or method of construction.
Represents a work of a builder, designer or
architect whose individual style significantly influenced the architectural
history of the nation, state or Town.
Has a unique location.
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.
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.
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.
Object, ruins, cemetery or natural object, geological formation
or feature or parcel of land.
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.
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)
(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.
The Commission shall have all powers and duties
authorized by § 96-a of the General Municipal Law. Without
limitation, this includes the following:
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.
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.
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.
(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.
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.
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.
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.
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.
This chapter may be known as the "Historic Preservation
Law of the Town of North Salem."
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.
[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.
[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.