The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Aquifer district map means the official map adopted by the town and delineated to indicate that area of the town where the aquifer and water supply is or may reasonably be in the future in the town.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, the construction of buildings, reconstruction of buildings, dredging, filling, grading, construction of tanks or other storage facilities, pumps, pumping stations, waste treatment facilities, commercial excavation, dumping or landfill operation.

Discharge means release by any means to the surface of the ground, surface waters, groundwaters, or belowground.

Toxic or hazardous material means any substance, solution or mixture thereof, whether in solid, liquid or gaseous state, which because of its quality, concentration, physical, chemical or infectious characteristics may present a potential hazard to human health or drinking water supply quality if discharged to the surface of the land or to the aquifer in the town. This includes, but is not limited to the list of hazardous substances found in part II, title 40 of the Code of Federal Regulations as now enacted or hereinafter amended; acids and alkalines beyond the pH range of 6.5—8.5; heavy metal wastes and solutions; petroleum products, including fuels and waste oil; organic solvents and any solid materials which, if exposed to water, will partially dissolve, forming a toxic or hazardous material.

(Code 1966, § 44-XI-22(B))

Cross reference— Definitions and rules of construction generally, § 1-2.

The purpose and intent of the aquifer district is to minimize the potential for contamination of the aquifer which currently supplies or in the future may supply water to the residents of the town. These areas are set forth in the aquifer district map established by the town. In promoting the general intent of this division the special intent is:

(1)

To minimize surface and ground water pollution which may affect human, animal or plant life of the aquifer in the town.

(2)

To minimize impacts from truck traffic in this area carrying hazardous chemicals.

(3)

To protect human life and health, control uses in this district for the storage of materials, structures, discharges and uses of premises.

(4)

To promote the general health, welfare and safety.

(Code 1966, § 44-XI-22(A))

(a)

Required. Any use of property within the aquifer district shall be permitted only upon obtaining a special permit from the town board when the use meets or exceeds any of the following criteria:

(1)

Any development, other than residential, of real property exceeding fifty thousand dollars ($50,000.00) in development cost.

(2)

Any use of property or change of use of property or any business, industrial or municipal operation which uses, distributes, or stores toxic or hazardous chemicals when the storage or use exceeds fifty-five (55) gallons per month or five hundred (500) pounds, whichever is less.

(3)

Any activity requiring a permit from the state department of environmental conservation.

(4)

The drilling of any new well.

(b)

Application. Applicants for a permit to develop in an aquifer district shall submit the following:

(1)

The name, address and telephone number of the applicant.

(2)

If the applicant is a corporation, the names, addresses and telephone numbers of all the corporate officers and directors.

(3)

A map and report showing the location of the premises for which the permit is sought and plans prepared by a licensed professional engineer or architect showing all features of the system necessary for the satisfactory conveyance, storage, distribution, use and disposal of sanitary wastes, stormwater wastes, process wastes, toxic or hazardous wastes, and incidental wastes within the property boundaries of the business or commercial establishment.

(4)

When storage or use exceeds five hundred (500) gallons per month or five thousand (5,000) pounds, whichever is less, the applicant shall also provide provisions for any impermeable membrane to contain any potential spills, or such other protection as the town board deems appropriate.

(5)

Such other information as the town board requests in order to have all facts before it prior to making the decision.

(6)

Copies of any permits and applications to any other governmental agency.

(7)

A list of all toxic chemicals or hazardous materials known to be used or stored on the premises, together with sufficient detail to appraise the town board of the method of storage and the amount of toxic or hazardous materials on the premises.

(8)

The method of disposal of toxic or hazardous materials.

(9)

A full report regarding the use and storage of all toxic and all hazardous materials.

(10)

Applicants shall pay a fee of one hundred dollars ($100.00) with the application.

(c)

Public hearing. A public hearing shall be held in regard to granting of the permit and notice of the public hearing in regard to the granting of the permit shall be published in the official town newspaper no earlier than twenty (20) days and no later than ten (10) days before the date of such public hearing. All uses subject to a special permit, unless such uses are by governmental entities, shall nevertheless be subject to the public hearing requirements of this subsection, and shall file an environmental assessment form which shall be reviewed by the town board in accordance with the provisions of Chapter 6, article II of this Code.

(d)

Issuance of permit. The town board may grant the permit, deny the permit or grant the permit with stated conditions. In the event that a permit is granted, or granted with stated conditions, it shall be a requirement that the applicant shall use the best available means to prevent contamination of the aquifer district. This requirement shall be a continuing requirement, and the town board shall maintain continuing jurisdiction and shall have the power to make such provisions as are necessary to update the development or facilities in order that it may be used in accordance with the then prevailing state of technology.

(e)

Change in use or ownership. A change in use or ownership shall necessitate a new permit.

(Code 1966, § 44-XI-22(C)—(G); L.L. No. 7 of 1989, § 1; L.L. No. 8 of 1997, § 2)

A residential, commercial or industrial planned development district or combination thereof may be established in any district of the town for the purpose of promoting integrated site planning of tracts of land ten (10) acres or more in area. Establishment of a planned development district shall be by amendment to this chapter in accordance with the procedure in this division. This division is applicable to planned development districts.

(Code 1966, § 44-XIV-1)

(a)

Application; form and content. Written application for the establishment of a planned development district shall be filed with the administrative officer. The application shall be accompanied with the following information:

(1)

The location, size and boundaries of the proposed district.

(2)

The proposed use or uses of the district.

(3)

The present zoning classification of the designated area and all adjoining property within two hundred (200) feet.

(4)

The location of private or public rights-of-way, encumbrances, and easements bounding and intersecting the designated areas.

(5)

A site plan to the scale of one (1) inch equals fifty (50) feet, or larger, showing use, location and dimensions of buildings; the location and dimensions of open spaces; streets and other vehicular circulation of storage areas; and an indication of which rights-of-way; encumbrances and easements, if any, are to be continued, relocated or abandoned.

(6)

A storm drainage plan, including connections to an existing storm drainage facility or, in lieu thereof, an alternate plan sufficient to provide adequate, suitable, proper and safe storm drainage, subject to the approval by the town engineer.

(7)

Such additional information as may be required by the town planning board or the town board.

(b)

Action of the town planning board. The town planning board may approve, approve with stated conditions or disapprove an application for a zoning amendment and shall file a written report of its decisions with the town board. In reaching its decision the town planning board may recommend any conditions or restrictions upon the location, construction or use or operation of the district as it shall deem necessary in order to secure the general objectives of this chapter.

(c)

Action by the town board. When amended, the planned development district site plan and other specifications and conditions shall become a part of the amendment.

(Code 1966, § 44-XIV-2)

A fee of thirty dollars ($30.00) shall be paid upon the filing of each application for a planned development district.

(Code 1966, § 44-XIV-6)

Uses shall be limited to those approved by the town board. The town board may approve any use permitted in this chapter and may also permit separate ownership of each unit of a two-family dwelling.

(Code 1966, § 44-XIV-3(A))

The following lot limitations apply to a two-family dwelling with separate ownership of each unit:

(1)

Area. The minimum area is six thousand two hundred fifty (6,250) square feet for each dwelling unit. Dwellings with a private sanitary sewer shall have such greater area as may be required by section 24-704.

(2)

Frontage. The minimum frontage is fifty (50) feet for each dwelling unit or fifty (50) feet measured at the thirty-foot setback line, provided that such a lot has a minimum of thirty-five (35) feet of frontage on a street.

(3)

Other requirements. All other requirements for the RA-2 district apply except as provided in this section to the contrary.

(Code 1966, § 44-XIV-3(B))

Incidental changes (i.e., required yards, height, coverage, etc.) may be permitted at the discretion of the zoning board of appeals.

(Code 1966, § 44-XIV-4)

Any restrictions placed upon any part of the area within a planned development district shall run with the land and shall not lapse or be waived as a result of any change of ownership of all or part of the area. The restrictions shall be part of any certificate of occupancy issued for any structure or use in the district.

(Code 1966, § 44-XIV-5)

It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of landmarks and historic districts are necessary to promote the economic, cultural, educational, and general welfare of the public. Inasmuch as the identity of a people is founded on its past and inasmuch as the town has many significant historic, architectural and cultural resources, which constitute its heritage, this act is intended to:

(1)

Protect and enhance the landmarks and historic districts, which represent distinctive elements of the town's historic, architectural, and cultural heritage;

(2)

Foster civic pride in the accomplishments of the past;

(3)

Protect and enhance the town's attractiveness to visitors and the support and stimulus to the economy thereby provided; and

(4)

Insure the harmonious, orderly, and efficient growth and development of the town.

(L.L. No. 3 of 2010, § 1)

There is hereby created a commission to be known as the town historic preservation commission.

(1)

The commission shall consist of five (5) members to be appointed, to the extent available in the community, by the supervisor as follows:

a.

At least one (1) shall be an architect experienced in working with historic buildings;

b.

At least one (1) shall be a historian;

c.

At least one (1) shall be a resident of a historic district;

d.

At least one (1) shall have demonstrated significant interest in and commitment to the field of historic preservation evidenced either by involvement in a local historic preservation group, employment or volunteer activity in the field of historic preservation, or other serious interest in the field; and

e.

All members shall have a known interest in historic preservation and architectural development within the town.

(2)

Commission members shall serve for a term of four (4) years, with the exception of the initial term of one (1) of the five (5) members, which shall be one (1) year, one (1) which shall be two (2) years, and one (1) which shall be three (3) years.

(3)

The chairman and vice chairman of the commission shall be elected by and from among the members of the commission.

(4)

The powers of the commission shall include:

a.

Employment of staff and professional consultants as necessary to carry out the duties of the commission;

b.

Promulgation of rules and regulations as necessary to carry out the duties of the commission;

c.

Adoption of criteria for the identification of significant historic, architectural, and cultural landmarks and for the delineation of historic districts;

d.

Conduct of surveys of significant historic, architectural, and cultural landmarks and historic districts within the town;

e.

Designation of identified structures or resources as landmarks and historic districts;

f.

Acceptance on behalf of the town government of the donation of facade easements and development rights and the making of recommendations to the town government concerning the acquisition of facade easements or other interests in real property as necessary to carry out the purposes of this act;

g.

Increasing public awareness of the value of historic, cultural and architectural preservation by developing and participating in public education programs;

h.

Making recommendations to town government concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the town;

i.

Recommending acquisition of a landmark structure by the town government where its preservation is essential to the purposes of this act and where private preservation is not feasible; and

j.

Approval or disapproval of applications for certificates of appropriateness pursuant to this act.

(5)

The commission shall meet at least monthly, but meetings may be held at any time on the written request of any two (2) of the commission members or on the call of the chairman or the supervisor.

(6)

A quorum for the transaction of business shall consist of three (3) of the commission's members, but not less than a majority of the full-authorized membership may grant or deny a certificate of appropriateness.

(L.L. No. 3 of 2010, § 2)

(a)

The commission may designate an individual property as a landmark if it:

(1)

Possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic or social history of the locality, region, state or nation;

(2)

Is identified with historic personages;

(3)

Embodies the distinguishing characteristics of an architectural style;

(4)

Is the work of a designer whose work has significantly influenced an age; or

(5)

Because of unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood.

(b)

The commission may designate a group of properties as a historic district if it:

(1)

Contains properties which meet one (1) or more of the criteria for designation of a landmark; and

(2)

By reason of possessing such qualities, it constitutes a distinct section of the town.

The boundaries of each historic district designated henceforth shall be specified in detail and shall be filed, in writing, in the town clerk's office for public inspection.

(c)

Notice of a proposed designation shall be sent by registered mail to the owner of the property proposed for designation, describing the property and announcing a public hearing by the commission to consider the designation. Where the proposed designation involves so many owners that individual notice is infeasible, notice may instead be published at least once in a newspaper of general circulation at least sixty (60) days prior to the date of the public hearing. Once the commission has issued notice of a proposed designation, no building permits shall be issued by the building inspector until the commission has made its decision.

(d)

The commission shall hold a public hearing prior to designation of any landmark or historic district. 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, architectural, or cultural importance of the proposed landmark or historic district. The record may also contain staff reports, public comments, or other evidence offered outside of the hearing.

(e)

The commission shall forward notice of each property designated as a landmark and the boundaries of each designated historic district to the office of the Broome County Clerk for recordation.

(L.L. No. 3 of 2010, § 3)

No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction, or moving of a landmark or property within a historic district, nor shall any person make any material change in the appearance of such property, its light fixtures, signs, sidewalks, fences, steps, paving or other exterior elements which affect the appearance and cohesiveness of the landmark or historic district, without first obtaining a certificate of appropriateness from the historic preservation commission.

(L.L. No. 3 of 2010, § 4)

(a)

In passing upon an application for a certificate of appropriateness, the historic preservation commission shall not consider changes to interior spaces, unless they are open to the public.

The commission's decision shall be based on the following principles:

(1)

Properties which contribute to the character of the historic district shall be retained, with their historic features altered as little as possible;

(2)

Any alteration of existing properties shall be compatible with their historic character, as well as with the surrounding district; and

(3)

New construction shall be compatible with the district in which it is located.

(b)

In applying the principle of compatibility, the commission shall consider the following factors:

(1)

The general design, character and appropriateness to the property of the proposed alteration or new construction;

(2)

The scale of proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood;

(3)

Texture, materials, and color and their relation to similar features of other properties in the neighborhood;

(4)

Visual compatibility with surrounding properties, including proportion of the property's front facade, proportion and arrangement of windows and other openings within the facade, roof shape, and the rhythm of spacing of properties on streets, including setback; and

(5)

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

(L.L. No. 3 of 2010, § 5)

(a)

Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such a certificate with the historic preservation commission. The application shall contain:

(1)

Name, address and telephone number of applicant;

(2)

Location and photographs of property;

(3)

Elevation drawings of proposed changes, if available;

(4)

Perspective drawings, including relationship to adjacent properties, if available;

(5)

Samples of color or materials to be used;

(6)

Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination, and a plan showing the sign's location on the property; and

(7)

Any other information which the commission may deem necessary in order to visualize the proposed work.

(b)

No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the historic preservation commission. The certificate of appropriateness required by this act shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the town.

(c)

The commission shall approve, deny or approve the permit with modifications within forty-five (45) days from receipt of the completed application. The commission may hold a public hearing on the application at which an opportunity will be provided for proponents and opponents of the application to present their views.

(d)

All decisions of the commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the town clerk's office for public inspection. The commission's decision shall state the reasons for denying or modifying any application.

(e)

Certificates of appropriateness shall be valid for twelve (12) months, after which the owner must reapply if he still wishes to undertake work on the property.

(L.L. No. 3 of 2010, § 6)

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; and

(3)

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

(L.L. No. 3 of 2010, § 7)

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.

(L.L. No. 3 of 2010, § 8)

(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.

(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 registered mail and a copy filed with the town clerk's office for public inspection. The commission's decision shall state the reasons for granting or denying the hardship application. If the application is granted, the commission shall approve only such work as is necessary to alleviate the hardship.

(L.L. No. 3 of 2010, § 9)

All work performed pursuant to a certificate of appropriateness issued under this article shall conform to any requirements included therein. It shall be the duty of the building code enforcement officer to inspect periodically any such work to assure compliance. In the event work is found that is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the historic preservation commission, the building code enforcement officer shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop work order is in effect.

(L.L. No. 3 of 2010, § 10)

Nothing in this article shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within a historic district, which does not involve a change in design, material, color or outward appearance.

No owner or person with an interest in real property designated as a landmark or included within a historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the historic preservation commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself.

Examples of such deterioration include:

(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.

(L.L. No. 3 of 2010, § 11)

(a)

Failure to comply with any of the provisions of this article shall be deemed a violation and the violator shall be liable to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each day the violation continues.

(b)

Any person who demolishes, alters, constructs, or permits a designated property to fall into a serious state of disrepair in violation of this article shall be required to restore the property and its site to its appearance prior to the violation. Any action to enforce this subsection shall be brought by the town attorney. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.

(L.L. No. 3 of 2010, § 12)

Any person aggrieved by a decision of the historic preservation commission relating to hardship or a certificate of appropriateness may, within fifteen (15) 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.

(L.L. No. 3 of 2010, § 13)