Safeguard the heritage of the Town of Brighton by protecting and enhancing the landmarks which represent cultural, social, economic, political and architectural history.

Foster civic pride in the beauty and history of Brighton through education.

Protect and enhance the attractiveness of Brighton to home buyers, visitors, shoppers and residents and thereby provide economic benefits to the town and its citizens.

Conserve and improve the value of property within Brighton.

Foster, encourage and advise the preservation, restoration and rehabilitation of structures.

There is hereby created a Commission known as the "Brighton Historic Preservation Commission" (the "Commission"). It shall consist of seven members to be appointed by the Town Board, and its members shall have an interest in and knowledge of historic preservation and architectural development within the town and be residents of the town. At least one member shall be a professional architect or civil engineer licensed in New York. At least two members shall own an historic structure or Landmark within the Town of Brighton. However, if any of the designated positions cannot be filled within 60 days after a vacancy in any such position occurs, because no person so qualified has applied for such vacancy, the position may be filled by any resident of the town having the requisite interest in and knowledge of historic preservation, and no action taken by the Commission shall thereby be rendered invalid. The Town Historian and Commissioner of Public Works or his designee shall serve as nonvoting advisors to the Commission.

Commission members shall serve for a term of four years. If a vacancy shall occur other than by expiration of term, the vacancy shall be filled by the Town Board for the unexpired term. The Town Board shall have the power to remove any member of the Commission for cause and after a public hearing.

The Chairman of the Commission shall be appointed by the Town Board to a two-year term, and the Vice Chairman shall be elected by and from the members of the Commission.

The powers of the Commission shall include:

The Commission shall meet on a regular basis at least monthly. Special meetings may be held at any time by written request of any two Commission members or on the call of the Chairman of the Commission or the Town Supervisor.

A quorum for the transaction of business shall consist of four of the Commission members, but any action taken by the Commission shall require not less than a majority of its full authorized membership.

Notice of any public hearings required to be held under this article shall be given by publication in the official newspaper of the town at least five days before the date of such hearing.

The Commission may designate an individual property, site or a structure or a significant feature of any such property, site or structure as a landmark (any property, site or structure or feature thereof so designated is hereinafter referred to as a "Landmark") if it:

In no case shall the Commission include more than a two-hundred-fifty-foot radius of land around a site or structure or feature thereof to be designated as a Landmark without the consent of the owner of such site or structure, nor shall it include more than one parcel of land in a designation unless such surrounding land or parcel qualifies for designation in its own right.

Prior to any designation of any property, site or structure as a Landmark, the Commission shall endeavor to contact, in writing, the owner of such proposed Landmark for the purpose of informally notifying such owner of the proposed designation, providing such owner a copy of this chapter and advising such owner of the opportunity for an informational meeting with the Commissioner of Public Works or his designee and the Town Historian concerning the proposed designation. Thereafter, if the Commission determines to proceed with designation, notice of a proposed designation shall be sent by registered mail to the owner of the property proposed for designation, describing the property proposed and announcing a public hearing by the Commission to consider the designation, which hearing shall be held not less than 20 nor more than 30 days after the date such notice is mailed to the property owner. Once the Commission has issued notice of a proposed designation, no building permits shall be issued by the Building Inspector for any property, subject in whole or in part to such designation, until the Commission has made its decision.

At the public hearing, the Commission, owners and any interested parties may present testimony or documentary evidence at the hearing which will become part of a record regarding the historic importance of the proposed Landmark. The record may also contain staff reports, public comments or other evidence offered before the hearing is closed.

Following the hearing, the Commission shall make a determination and shall send its decision to the property owner or owners affected. It shall also forward notice of each property designated as a Landmark to the Town Supervisor and to the office of the Brighton Town Clerk, which shall deliver each such notice to the Monroe County Clerk's office for recording.

An owner who wishes to appeal a designation as a Landmark may appeal such decision to the Board of Appeals within 60 days of the date of such designation by the Commission. Failure to timely appeal shall be deemed a waiver of applicant's appeal right. All appeals made to the Board of Appeals shall be in writing.

The Board of Appeals shall not decide upon any appeal from a Landmark designation without first holding a public hearing, notice of which hearing, including the substance of the appeal, shall be given by publication in the official newspaper of the town at least five days before the date of such hearing. Provided that due notice shall have been published and that there shall have been substantial compliance for the remaining provisions of this section, failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the Board of Appeals in connection with any appeal.

Each appeal shall fully set forth the circumstances of the case, shall refer to the specific provisions of the law and shall exactly set forth the ground or grounds upon which the Landmark designation should be reversed.

The secretary shall keep minutes of the proceedings of the Board of Appeals showing the vote of each member upon every appeal or, if absent or failing to vote, indicating such fact. The secretary shall keep records of the Board's official actions, all of which shall be immediately filed and shall be a public record.

The owner of any Landmark previously designated by the Commission may request that the Commission revoke the Landmark designation at any time based upon new factual information not previously considered by the Commission that demonstrates that the rationale for designating such property, site or structure or a significant feature of any such property, site or structure as a Landmark is not applicable.

The Commission's decision on approving or disapproving a certificate of appropriateness shall be based upon the following principles:

In applying the principle of compatibility, the Commission shall consider the following factors;

In passing upon an application for a certificate of appropriateness, the Commission shall not consider changes to interior spaces.

An owner who wishes to appeal a decision disapproving a certificate of appropriateness may appeal such decision to the Board of Appeals within 60 days of the date of such determination by the Commission. Failure to timely appeal should be deemed a waiver of applicant's appeal right. All appeals made to the Board of Appeals should be in writing.

The Board of Appeals shall not decide upon any appeal from a decision disapproving a certificate of appropriateness without first holding a public hearing, notice of which hearing, including the substance of the appeal, shall be given by publication in the official newspaper of the town at least five days before the date of such hearing. Provided that due notice shall have been published and that there shall have been substantial compliance with the remaining provisions of this section, failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the Board of Appeals in connection with any appeal.

Each appeal shall fully set forth the circumstances of the case, shall refer to the specific provisions of the law and shall exactly set forth the ground or grounds upon which the decision disapproving the certificate of appropriateness should be reversed.

The secretary shall keep minutes of the proceedings of the Board of Appeals, showing the vote of each member upon every appeal or, if absent or failing to vote, indicating such fact. The secretary shall keep records of the Board's official actions, all of which shall be immediately filed and shall be a public record.

Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such a certificate with the Commission. Such filing is to take place in the Brighton Town Hall Public Works Department on such forms as may be prepared by such Department, which shall, to the extent possible, be integrated with any other application forms required by the Department for such work. The application shall contain:

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 chapter shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the Town of Brighton, except that approval of a certificate of appropriateness shall be in lieu of any review otherwise required from the Architectural Review Board. The Department of Public Works is hereby directed to implement procedures which will integrate the certificate of appropriateness application procedure with the procedure for obtaining any other required town approvals and with the developmental review process. The Commission may make advisory recommendations to the Zoning and/or Planning Board in connection with a certificate of appropriateness granted with respect to any Landmark.

The Commission shall approve, deny or approve with modifications the certificate within 60 days from receipt of the completed application. The Commission shall hold a public hearing on the application, at which an opportunity will be provided for proponents and opponents of the application to present their views. The applicant will be required to post a sign provided by the town, notifying the public of the application, in the front yard of the property subject to application for a period of 15 days prior to the scheduled hearing.

All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by certified mail and a copy filed at the office of the Town Clerk and Department of Public Works for public inspection.

Unless construction is commenced within one year of the date of the granting of a certificate of appropriateness, and thereafter diligently pursued, such certificate shall become null and void, unless renewed upon application to the Historic Preservation Commission.

The Historic Preservation Commission shall have the authority to revoke or suspend any certificate of appropriateness issued by the commission where it is found that there have been false statements or misrepresentations as to a material fact in the application, plans or specifications upon which the certificate of appropriateness was granted.

The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible or, in the case of a property owned by an entity certified under Section 501(c)(3) of the Internal Revenue Code, where the failure to permit demolition would unreasonably interfere with the applicant's charitable purpose;

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

Reasonable efforts to find a purchaser interested in acquiring the property and preserving it have failed.

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.

The Commission shall 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.

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.

All decisions on hardship applications shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed at the Town Hall for public inspection. The decision shall state the reasons for granting or denying the hardship application.

An applicant whose application for hardship status under this chapter is denied may appeal such decision to the Board of Appeals within 60 days of the date of denial of the hardship application. Failure to timely appeal shall be deemed a waiver of applicant's appeal right. All appeals made to the Board of Appeals shall be in writing.

The Board of Appeals shall not decide upon any appeal from a hardship application denial without first holding a public hearing, notice of which hearing, including the substance of the appeal, shall be given by publication in the official newspaper of the town at least five days before the date of such hearing. Provided that due notice shall have been published and that there shall have been substantial compliance with the remaining provisions of this section, the failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the Board of Appeals in connection with any appeal.

Each appeal shall fully set forth the circumstances of the case, shall refer to the specific provisions of the law and shall exactly set forth the ground upon which the hardship application should be granted.

The Secretary shall keep minutes of the proceedings of the Board of Appeals, showing the vote of each member upon every appeal or, if absent or failing to vote, indicating such fact. The Secretary shall keep records of the Board's official actions, all of which shall be immediately filed and shall be a public record.

Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a Landmark which does not involve a change in design, material or outward appearance.

No owner or person with an interest in real property designated as a Landmark shall permit the property to fall into a serious state of disrepair so as to result in the material deterioration of any exterior architectural feature which would, in the judgment of the Commission, produce a detrimental effect upon the Landmark.

Notice of violation.

Nothing in this chapter shall preclude the town from enforcing its Property Maintenance Law[1] against owners and/or occupants of any Landmark.

It shall be unlawful for any person, firm or other entity to construct, alter, repair, demolish or take any other actions with respect to any Landmark in violation of any of the provisions of this chapter or to fail to comply in any manner with any notice or order of the Commissioner of Public Works or his designee or Fire Marshal and any such action or failure to act shall be deemed a violation and will result in the termination of any permits issued or any proceedings commenced under the provisions of this chapter.

Whenever there is any violation of this chapter or any rule or regulation adopted pursuant to this chapter, a violation notice and/or appearance ticket may be issued to the person, individual, partnership or corporation owning, operating or maintaining the premises in which such violation has been noted.

Violation notices shall be in writing, shall identify the property or premises, shall specify the violation or remedial action to be taken and shall provide that said violation must be corrected within 30 days from the receipt of said violation notice unless said thirty-day period shall be modified in the discretion of the enforcement officer issuing such violation notice or unless a shorter period of time has been prescribed for in this chapter.

Violation notices and other orders or notices referred to in this chapter shall be served on the person(s) or entity(ies) charged with the violation either personally or by certified mail addressed to the last known address, if any, of such person or entity, as shown by the last preceding record of the Receiver of Taxes or in the office of the County Clerk.

Any person who shall fail to comply with a written notice of the Commissioner of Public Works or his designee and/or Fire Marshal within the time fixed for compliance therewith and any owner, builder, tenant, contractor or subcontractor or their agents or any other person taking part or assisting in any construction, alteration or demolition in violation of the applicable provisions of this chapter or any lawful order, notice, directive, permit or certificate of the Commissioner of Public Works or his designee and/or Fire Marshal made thereunder shall be guilty of an offense punishable by a fine of not less than $50 nor more than $250 or by imprisonment for not more than 30 days, or both; and each day such violation continues shall constitute a separate violation. The imposition of such penalty shall not be held to prohibit the enforced removal of prohibited conditions by any appropriate remedy, including immediate application for an injunction.

An action or proceeding in the name of the Town of Brighton, New York, may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision of this article, any rule or regulation adopted pursuant to this article or a violation of any order issued under this article. Such remedy shall be in addition to penalties otherwise prescribed by law.

Any person who demolishes, alters, restores or reconstructs any Landmark 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.