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Neighborhood Preservation Ordinance Proposal Revised
First, thank you for your interest in ensuring that our historic neighborhoods are maintained for the next generation of Saratogians. Over 1300 people have viewed the proposal online, and we have gotten feedback and suggestions from a number of you. We have incorporated that feedback and have produced a revised version that is posted below, along with an Executive Summary. Once again, we hope you will take the time to read it, and provide feedback, or notes of support, to us.
Please feel free to contact us at the office, 518-587-5030, to discuss this proposal.
Proposed Ordinance Summary - UPDATED!
Problem Statement / Assumptions
Saratoga Springs is known, in large part, for the substantial preservation of its core Victorian built environment. Since the mid-1970’s, historic preservation has been a formal public policy in the City. As a result, the preservation of buildings which contribute to that historically and architecturally significant environment is a major factor in the City’s development as a commercial center in the Capitol District and its success as a tourist destination.
Notwithstanding the importance of maintaining the structural and aesthetic integrity of structures located in locally-designated historic and architectural districts, a survey conducted by the Preservation Foundation in late 2003 of approximately 500 buildings in those districts indicates that about 20% are endangered. In addition, there are many historically and architecturally significant structures that, for various reasons, remain vulnerable to deterioration, demolition or inappropriate development, because they have never been included in any of the existing local historic or architectural districts.
There are existing housing and property maintenance laws that protect the general public from health and safety issues arising from derelict buildings. These laws are not intended to protect the life and character of a building and the neighborhood of which it is a part. The process of enforcement of these existing laws can and often does take years, and during that process the deterioration of the building continues. Further, under these laws there is no requirement that the building be repaired and kept in good condition, that is to say, the outcome of enforcement under the existing housing and property maintenance laws is in most cases that the building is demolished.
The Preservation Foundation proposes new legislation that will address the problem of deterioration of the life and character of a building before the deterioration becomes a health and safety issue, and provides an enforcement process that can result in the timely repair of the building.
To see a copy of the Executive Summary, click here.
Proposed Legislation:
A new chapter dedicated solely to the preservation of historically and architecturally significant structures in the City should be added to the City Code. Article I of the new law would require all City Landmarks and structures located in local historic and architectural districts to be maintained in good repair and provide clear examples of prohibited disrepair. Article I would require swift action by the City’s Code Administrator to refer egregious violators to the City Attorney for legal action and promotes repair and maintenance over demolition. Article II of the new law would require applications for demolition permits to be delayed if the subject building is 75 or more years old and, upon recommendation from the Design Review Commission to the City Council, is determined to be historically or architecturally significant.
Miscellaneous amendments to the Zoning Ordinance, including to sections 240-7.3 (Application Procedures), -8.3 (Application Procedures), -12.17 (Unsafe Structures), -13.4 (Building Permits) and –15.3 (Amendments), to (i ) encourage repair, rather than demolition, of historic and architecturally significant buildings, (ii) permit abatement by the City where an owner refuses, (iii) enable the City to recoup the costs of such abatement, and (iv) punish those who take actions requiring a building permit without obtaining such a permit.
Process of Preparing the Proposal
In developing this proposal, the Preservation Foundation staff and volunteers have approached the task with a view to insuring that the law is relevant, unique, effective, and efficient in the implementation. Our criteria for the proposed law has been as follows:
- The proposed legislation must address a well-defined and discreet problem in the city
- The proposal must not duplicate existing laws
- It must have the potential to be a strong deterrent and have penalties and consequences that resolve the problem of demolition by neglect, and
- The law must provide adequate due process so as to not penalize those property owners who want to comply, while establishing specific time parameters for each step in the enforcement process so that there is a timely resolution.
In developing this proposal, we began by understanding the scope of the problem of demolition by neglect and looking at the existing legislation related to property maintenance to determine its ability to address the problem. We then investigated best practices in municipalities large and small that are recognized for their historic architecture and for which heritage tourism is a significant portion of their economic health. We researched the New York State enabling statutes to understand the authority granted to a municipality to address protection of properties it has designated as historically or architecturally significant. And we reviewed the proposal with a variety of individuals, professionals and groups in Saratoga Springs for their feedback. We encourage you to review the proposal and send us your suggestions for improvements to it. Thank you.
To see the full text of the proposed ordinance, click here. (Updated May 11, 2006.)
Participate in the Neighborhood Preservation Blog, click here.
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