Preservation plan.
(a) An approved preservation plan commits the property owner to goals and actions intended to ensure that benefits derived from the Limited Historic Commercial Overlay District rezoning continue to facilitate the preservation and protection of the property's historical and structural integrity. The preservation plan must be approved by the Town Board and its implementation must be a condition of any Overlay District approval. The preservation plan is composed of the following components:
[1] A plan for addressing and remedying any deficiencies identified in the property site assessment, along with a timetable for completing the repairs, restoration, and/or stabilization that the assessment deemed necessary.
[2] A plan for addressing long-term maintenance and upkeep of the property, and any changes or additions to buildings and other historical resources, to ensure the historical and structural integrity of the grounds and building(s).
[3] Landowner consent to enter the grounds for annual or biennial exterior inspections. This consent provides the right for the Town official to enter the property following notification (written or verbal) to a property owner of the inspection.
(b) Proposed modifications to the preservation plan may be approved by the Director of Code Enforcement, except the following modifications must be approved by the Town Board:
[1] Modification for proposed alterations (including, for example, materials and architectural elements to be utilized) which, in the judgment of the Director of Code Enforcement or designee, may adversely change the historic character and/or appearance of the building and/or site.
[2] A request to extend any milestone in the preservation plan timetable by more than three years.
[3] Modifications which, in the judgment of the Director of Code Enforcement, warrant Town Board approval due, for example, to the unique nature, size, or significance of the modification.
Overlay District enactment and compliance with preservation plan. After the Overlay District is created, it stays in effect as long as the preservation plan conditions are met.
(1) Compliance confirmation letters:
(a) Compliance confirmation letter will be submitted to the property owner(s) following an inspection confirming satisfactory implementation of the plan components addressing deficiencies identified in the initial site assessment.
[1] Codes Department staff will conduct annual progress inspections while deficiencies are being addressed and will have authority to enter grounds for exterior inspection.
(b) Thereafter, compliance confirmation letters will be submitted to the property owner every two years following a biennial property inspection for properties determined to be satisfactorily implementing their preservation plans.
(2) Noncompliance.
(a) The property owner will be notified in writing if the Codes Department finds after inspection that the preservation plan is not being followed and be given 60 days from the date of the letter to initiate corrective action.
(b) Failure to commence and complete corrective action in the allotted time frame may lead to Town Board dissolution of the Limited Historic Commercial Overlay District zoning following a hearing and due process (See §
270-142.8).
