Chapter 78
HERITAGE COMMISSION
78-1 Statutory authority
The Heritage Commission is established pursuant to RSA 673:1.II and 674:46-a.
78-2 Title
The Commission is hereby designated as the "Franklin Heritage Commission."
78-3 Membership; Residency; Terms of Office; Removal of Members, Vacancies
The Franklin Heritage Commission (hereinafter the Commission) shall be organized consistent with, and pursuant to RSA 673:4-a. The Commission shall consist of five (5) members who shall be appointed by the Mayor. One member shall be a member of the City Council, and not more than one member may be a member of the Planning Board; the terms of these individuals shall coincide with the terms of their office. The terms of the remaining members shall be for 3 years. The Mayor may appoint to the Commission two alternate members. All members shall be residents of the City of Franklin. Members of the Commission may also serve on other City Boards or Commissions. The removal of any member shall be consistent with
Article 1, Chapter 61 of the Franklin Municipal Code. Vacancies shall be filled as necessary by the appointing authority.
78-4 Officers
The Commission shall elect a Chairperson from the appointed members, except ex officio members, and create and fill such other offices as it may deem necessary for its work. The term of the Chairperson shall be one year, and he or she shall be eligible for reelection.
78-5 Scheduling of Meetings; Meetings and Records
Meetings of the Commission shall be held at the call of the chairperson and at other times as the Commission may determine. A majority of the members shall constitute the quorum necessary to transact business. All meetings and records are subject to the right-to-know law.
78-6 Staff; Finances
All activities regarding staff and finances shall be pursuant to RSA 673:16.
78-7 Powers and Duties
The Franklin Heritage Commission shall have the powers and duties designated in RSA 674:44-b I-III and RSA 674:44-d, including, but not limited to, the ability to:
A. Survey and inventory all cultural resources.
B. Conduct research and publish findings, including reports to establish the legal basis for a district and preparation of historic district ordinances.
C. Assist the Planning Board, as requested, in the development and review of those sections of the Master Plan, which address cultural and historic resources.
D. Place any funds appropriated by the City Council into a Heritage Fund account for the purposes of the Commission. Any gifts of money given to the Commission shall be placed with said Heritage Fund account and may be expended by the Commission for its proper purposes.
E. Receive gifts of property, both real and personal, in the name of the City, subject to the approval of the City Council; said gifts to be managed and controlled by the Commission for its proper purposes.
F. Franklin Heritage Commission may exercise all powers and duties of a Historic District Commission, conferred upon such commissions by Statute RSA 674:46-a.
G. It shall be the duty of
the Heritage Commission to develop a policy and regulations for the
accomplishment of the purposes of this ordinance in accordance with RSA 676:8-9
and the review criteria.
Section 78-8 Ordinance Purpose
A. Safeguard Franklin’s heritage by providing for the protection of the structures and areas representing significant elements of its cultural, social, economic, political, and architectural history.
B. Foster the visual character of the municipality by encouraging and regulating the compatibility of construction within the historic district to reflect or respect established architectural traditions.
C. Strengthen the economy of the City by protecting and enhancing the attractiveness of the community to residents, businesses, and visitors.
D. Enhance property values.
E. Promote the public and private use of structures and areas within the district for the education, pleasure, prosperity, and general welfare of the community.
Section 78-9 Historic District Defined
A. The Historic District land areas referenced and administered by this ordinance shall be referred to and collectively known as, the Franklin Historic Districts.
B. The location of the Franklin Historic districts shall be shown on the Historic District Overlay Map attached to this ordinance and filed in the City Planning Office.
C. Included within the Franklin Historic Districts are:
1. Franklin Falls – All buildings, landscape, signs, roads and sites of the National Register District called, Franklin Falls Historic District, which was sighted by the U. S. Department of Interior, National Park Service, because the area presents:
a. Tangible record of industrial, commercial and public sector development within the context of an intact, late nineteenth century New Hampshire mill town.
b. Participation in the development of the State of New Hampshire.
c. Local civic pride.
2. Individual Historic Buildings
a. The National Landmark building titled, “Daniel Webster Family Home, The Elms”.
D. A set of guidelines for nominating additions to the Franklin Historic Districts shall be established by the Heritage Commission.
E. The Franklin City Council must approve any nomination before it can be added to the Franklin Historic Districts.
Section 78-10 Regulated Activities within the District Requiring Review and Criteria
A. Activities requiring review - Alteration, addition, erection, painting, roofing, relocation, or demolition of buildings, signs, facades, exterior features (including signs), and features on view to the exterior. Construction or alteration of any stone wall, fencing, trees and landscaping. New construction.
B. Review criteria – In reviewing purposed changes to the Franklin Falls Historic District, the Commission’s goal will be the construction date of the building if the building was built prior to WWII. To restore each building and it’s setting will be the ideal goal. Review will be based on documentation of the original design and construction. The available documentation of Franklin during the time period 1895-1905 will also be considered. If documentation of a specific building is not available, documentation of similar buildings of the time period, located in or near Franklin will be acceptable. Buildings built after WWII and new construction will use as a guide the 1895-1905 building that was on the site and/or the present surrounding buildings. Consideration will be given to the building’s change of use and present economics.
C. The regulations and policies prepared by the Board, and voted on after a public hearing will lay out any detail.
Section 78-11 Exemptions
The Heritage Commission shall not require review of ordinary maintenance and repair of any exterior feature which does not involve removal or a change in design, dimensions, materials, or outer appearance of such features.
Section 78-12 Violations
Failure to comply with any of the provisions of this ordinance shall be deemed a violation and the violator shall be liable to the maximum fine authorized by RSA 676:17, and each day of violation shall constitute a separate violation. In accordance with RSA 676:17-a, violator will be served with a cease and desist order by Planning office if work commences before issuing of Heritage Commission approvals.
Section 78-13 Appeals
Any person or persons jointly or severely aggrieved by a decision of the Heritage Commission shall have the right to appeal such decision to the Zoning Board of Adjustment, within 7 days, according to State law. The ZBA shall use State law, this ordinance, and the rules and regulations established by the Heritage Commission in considering those appeals.
Section 78-14 Validity
If any section, subsection, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court or competent jurisdiction, such portion shall be deemed a separate distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.
78-15 Effective Date
This ordinance shall take effect the day after approval by the Franklin City Council.