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HomeMy WebLinkAboutLandmarks WHS HP Commissioner Training 4CHAPTER 4 – Starting a Preservation Commission Page 1 – Historic Preservation Ordinances Wisconsin cities and villages can use the protections of a historic preservation ordinance to benefit property values, stimulate investment, and promote tourism in their communities. Once a preservation ordinance is enacted, many communities appoint members to a historic preservation commission. In 1994, the Wisconsin State Legislature passed a law requiring cities and villages in which properties on the State Register or National Register of Historic Places are located to create draft historic preservation ordinances. As a result of this legislation, there are now approximately 170 communities throughout Wisconsin that have a local historic preservation ordinance. To find out whether or not your community has a historic preservation ordinance and/or an active historic preservation commission, review our list of Historic Preservation Commissions in Wisconsin or contact your local town council or local planning commission. Purpose of a Historic Preservation Ordinance A historic preservation ordinance enables a community to protect its sense of place, maintain and revitalize its downtown and older neighborhoods, increase community pride, and reinforce overall economic development. In a community that does not have a historic preservation ordinance, individuals and/or private non-profit organizations may wish to approach their elected officials to create one. Proponents should:  Discuss how the lack of an ordinance has affected the appearance and heritage of the community  Explain how the protections of an ordinance would benefit property values, stimulate investment, and promote tourism  Gather data from other successful communities in the state to illustrate the benefits of ordinance implementation A preservation ordinance should reflect the preservation needs and goals of its community:  Is there an existing historic district?  Is there a need to create new historic districts?  What are the threats to local historic resources — growth, neglect, development? A committee or task force of representatives will need to determine the preservation goals and objectives of the community and set priorities. Public input and support is important so that the concerns and issues of citizens are recognized and addressed. The task force members should reflect a wide range of individuals in the community. An effort should be made to educate the public and build support by holding public meetings or workshops, distributing informative flyers, developing presentations, or other methods. Targeted groups should include elected officials, members of the media, the business community, property owners and neighborhood organizations, local architects and designers, realtors, civic clubs, and educational leaders. Considerations for Developing a Commission Once a preservation ordinance is enacted, the community's chief elected official may appoint members to a historic preservation commission. Approximately half of the 170 Wisconsin communities with a historic preservation ordinance also have a preservation commission. A community may choose to empower an existing local governing board with the duties of a commission in lieu of establishing a body of preservation or development-focused community members. This might be a good alternative for smaller communities where the number of interested and qualified potential members is limited. Communities must have a commission in place in order to become a Certified Local Government (CLG). The CLG program was enacted as part of the National Historic Preservation Act Amendments of 1980 and was established in Wisconsin to encourage and assist local government-initiated historic preservation. Once certified, a local government is eligible for matching sub-grants from the federal Historic Preservation Fund for specific CLG activities. Commissions within CLG communities also play a larger role in reviewing National Register of Historic Places nominations within their communities' boundaries and are eligible to authorize the use of the Wisconsin Historic Building Code for locally designated historic buildings. Interested parties and individuals, including residents, property owners, and preservation groups, should work with local government officials to determine how the commission will function. It might prove helpful to review ordinances of other communities similar to your own and to seek advice from the Wisconsin Association of Historic Preservation Commissions (WAHPC) and the Wisconsin Historical Society's State Historic Preservation Office. The historic preservation commission serves as a design review board. The community must also decide whether the commission will have binding authority or advisory authority. A commission with advisory authority simply makes a recommendation to property owners regarding an alteration to their historic property. This recommendation is not compulsory; it is a suggestion that considers the protection of the property's historic character. The decisions of a commission with binding authority, on the other hand, are compulsory. Property owners have a legal requirement to comply with the design review decisions of a commission with binding authority. Procedures for Enacting a Historic Preservation Ordinance The key procedures for enacting a historic preservation ordinance are summarized below:  Draw together a group of interested parties — residents, property owners, business owners, preservation group members, etc. — to serve as a task force  Review ordinances of other communities; seek advice from Wisconsin Association of Historic Preservation Commissions (WAHPC) and/or from the Wisconsin Historical Society's State Historic Preservation Office (SHPO)  Determine the preservation goals and objectives of the community  Educate the public, build support for preservation, and target groups such as elected officials, the business community, neighborhood organizations, realtors, developers, and members of the media  Adopt a historic preservation ordinance  Appoint members to a historic preservation commission  Work with the local government to determine how the preservation commission will function Page 2 – Commission Membership and Authority A community’s historic preservation commission, established after the adoption of a local preservation ordinance, becomes part of the local governing authority. Local laws determine the commission's membership requirements and authority. A historic preservation commission is established through local preservation ordinance adoption and becomes part of the local governing authority. The size, responsibilities, and authority of a commission will vary depending on local laws and the needs of a given community. Commission Membership Commission members should be citizens of the area and have an interest in and knowledge of historic preservation. If possible, members should have demonstrated special interest, experience, or education in fields such as history, architecture, law, real estate, rehabilitation, or planning. Some communities require that the commission include a resident of a local historic district or an owner of a local historic landmark. This helps to ensure that those who are subject to the commission's authority are represented. All commission members should have an interest in the preservation and protection of historic resources. Establishing a qualified historic preservation commission is an important component for acquiring and maintaining status as a Certified Local Government (CLG). CLGs are defined as any city, village, county, or town that has been certified by Wisconsin's State Historic Preservation Office (SHPO) and the Department of the Interior as meeting certain criteria. Benefits of CLG status include being eligible to apply for preservation grants that can cover a wide variety of historic preservation activities. Members of a commission should serve overlapping or staggered terms (typically not more than four years). Members should become familiar with local zoning laws and codes, and master plans concerning their community's and the region's growth. Commission members should strive to continuously educate themselves about historic preservation and its role in the community. It is a good idea for commission members to attend at least one annual training event. For guidance in this area, contact the Wisconsin Historical Society’s SHPO and/or the National Alliance of Preservation Commissions (NAPC). The NAPC meets once every two years, and commissions are encouraged to join the organization and to attend their meetings. The NAPC also regularly offers a Commission Assistance and Mentoring Program (CAMP). A Commission's Role in City Government A preservation commission will have to work with other government departments and agencies from time to time. Key contact includes:  Building Inspectors and Zoning Officials: Building inspectors and zoning officials are generally given the responsibility for enforcing the preservation ordinance.  Planning Department: The commission will work with the planning department to ensure that the preservation ordinance and design guidelines are compatible with other zoning regulations.  Public Works Departments: These departments will be called upon to assist the commission's work when necessary.  Legal Counsel or Consultants: The commission should develop a close relationship with the community's legal counsel or consultants in case the commission is challenged in court. The commission should keep in regular contact with these agencies, and keep them informed of its activities. These departments should be knowledgeable about the commission's policies and procedures and be familiar with how it operates in case they are called upon for assistance. The commission should also try to involve members of these departments in any commission activities in which their knowledge, training, experience, or responsibilities are useful, or in activities in which these agencies will ultimately be involved. Page 3 – New Commission Member Orientation Newly appointed commission members should receive basic training to their new position and an introductory packet of materials, including copies of the local preservation ordinance, commission bylaws and procedures, and design guidelines. Introductory Materials New commission members should be given an introductory packet of materials that includes copies of the following documents:  Local preservation ordinance  Commission bylaws  Commission standards and procedures  Design guidelines  Maps of each existing historic district  Roberts Rules of Order  Other materials that explain the roles and responsibilities of the commission It is tremendously important for each member of the commission to have a copy of the local historic preservation ordinance and to become thoroughly familiar with it. Commissioners should know this document inside and out because it is the basis of the commission's power and all decisions the commission makes. Commission members should bring their copy of the ordinance to every meeting and refer to it often when discussing projects and rendering decisions. Additional Resources and Training Training sessions or workshops are also beneficial and can help ease a shift in commission membership. Slideshows or PowerPoint presentations can be used to explain the commission's activities. These can be made available on CD-ROM for home use or available through the commission's website, which can also be a source of information and further resources. If your historic preservation commission has design review as part of its major responsibilities, new members should be briefed by a staff member, or the commission chairperson or vice-chairperson, on typical design review issues. It is important that a commission establish and apply consistent rulings regarding design guideline standards and explain the reasoning behind these standards to incoming members. This will orient new members to the rationale the commission has used in the past on guidelines for rehabilitation and new construction and the precedents to help articulate future decisions. Throughout their tenure on the commission, members should continue to educate themselves and keep informed of issues concerning historic preservation within their community. Page 4 – Working With (or Without) Staff Most preservation commissions in Wisconsin do not have paid staff. A commission can often share a support staff person with another local government entity, but some preservation projects may require specialized knowledge. A preservation commission may or may not have a paid staff depending on a variety of factors. Of course, a key factor is the available budget. Most preservation commissions in Wisconsin do not have a paid staff. Sharing Support Staff For some communities, it is feasible for commissions to share staff support with other departments or boards of the local government. For other communities, a committed group of volunteers ensures that the commission runs smoothly. At the very least, a commission will require someone to perform clerical duties. These include sending notices to property owners, processing applications, arranging meetings and preparing agendas, and keeping minutes. If a commission shares staff resources with another local government entity, it is best if a single person works with the commission to perform these clerical duties. Filling a Need for Specialized Knowledge Whether or not a commission has a hired staff, it is a good idea to identify one person with design knowledge and/or historical training and experience. This person may be a local government staff person who is shared with other entities, such as the planning board, or it may be a dedicated volunteer or a salaried employee of the commission. The person with this specialized knowledge can provide the commission with technical assistance and help property owners with design review applications. The review process will be more efficient by ensuring that applications are properly completed and all required documentation is in order before it reaches the commission, which also saves the applicant time, money, and frustration. The person in this "expert" role can also aide the commission by making sure its members have the information they need to make thoughtful decisions. When a commission undertakes a project such as conducting a survey or creating an inventory of historic resources, it may need to reach beyond volunteer or shared staff resources. These projects are labor-intensive and time-consuming, and they require people with special knowledge and experience. These types of projects generally place too much burden on shared staff and often make it necessary to hire either temporary employees or consultants to conduct the work. Page 5 – Working with Professionals, Volunteers, and Students Members of preservation commissions will often need to work with professional contractors, volunteers, and students to accomplish the commission's work. A preservation commission often must rely on people outside of its own membership to accomplish the commission's work. These human resources may include a hired professional contractor, volunteers, and students. Working with a Hired Professional Sometimes a commission will want to hire a professional consultant to accomplish a specific task. Consultants are often used for large, labor-intensive projects such as developing a National Register district nomination, conducting a survey of resources, or writing design guidelines. Consultants can bring a wide range of professional experience and knowledge to a project and offer an outside perspective. When a commission is deciding whether or not to hire a consultant, the commission needs to clearly define the project and what services will be performed, who will perform each task, time frames, and the costs involved. Both the consultant and the client need to understand these factors. Keep in mind that a consultant will need to work with staff and the commission so the progress of the project is monitored. When a commission is choosing a consultant, a good first step is to check with the State Historic Preservation Office (SHPO) for advice on how to hire a contractor. The SHPO will be able to identify what qualifications to look for regarding your specific project. Other communities may have undertaken similar projects and may be able to suggest names of potential consultants. Provide potential consultants with a request for proposal that defines the scope of work and requires specific responses about how the project will be carried out, costs, timelines, and other details. Ask for qualifications and a list of previous clients for similar projects. Contact these clients for their opinions of the consultants' work. Working with Volunteers Volunteers can be a great asset to a preservation commission. Volunteers can help complete projects, provide added support to staff, and assist with program details. Tasks assigned to volunteers should not be related to the legal responsibilities of the commission or require the expertise of professionals, such as keeping meeting minutes or notifying affected property owners. These jobs should be reserved for staff members. But volunteers can do a number of small jobs or assist with long-range projects, such as:  Updating photographs of historic resources,  Conducting research on properties,  Helping to organize and host awards programs, and  Assisting with development and distribution of promotional materials and activities. Volunteers with special skills can serve as members of special advisory committees. These committees can advise the commission on items such as publication formats, graphic standards for signs, landscape evaluation, and other matters. Volunteers also can be excellent advocates for historic preservation. Volunteers who have a positive experience with the commission can help generate support for preservation activities in the community and bring a positive image to the commission. Volunteers can come from a variety of sources and a wide range of backgrounds. Retirees typically have a number of skills and experiences as well as time. Other great sources of volunteers are local and regional historical societies and preservation organizations, neighborhood associations, agricultural and arts organizations, local clubs, and sororities or fraternal organizations. Working with Students Students at colleges and universities represent a potential pool of interns and volunteers. Many schools throughout Wisconsin have academic programs in history, art history, and architecture. Commissions should establish contact with nearby programs to identify tasks within their work plans that might be of interest to students. Universities and colleges in Wisconsin with related fields of study include the following:  University of Wisconsin, Oshkosh, History  (38 Universities and Colleges are listed with the academic programs in history, art history, and architecture)