HomeMy WebLinkAboutAgenda - 02-18-2010 - Attachment 5Attachment 5
Local Landmarking Program
Purpose
To discuss different options for offering Local Landmark status to historic properties located in
Town of Hillsborough Extra Territorial Jurisdiction (ETJ) and to direct staff on how to proceed.
Background
Over the last few years, preservation staffs at the Town of Hillsborough and at Orange County
have received inquiries about designating individual properties as local historic landmarks. The
North Carolina General Statutes grant counties and municipalities the authority to establish local
preservation programs in Chapter 160A-400.1-400.14.
Currently, the Town of Hillsborough's preservation ordinance provides for the designation of
local historic districts. Orange County's preservation ordinance provides for the designation of
local historic districts and individual landmarks. Properties must meet a higher standard of
historic and/or architectural significance to be designated as an individual landmark. The higher
standard is appropriate since, in North Carolina, landmark property owners are eligible fora 50-
percent property-tax deferral, as long as the site retains its historic character. The property tax
deferral program does not extend to properties in local historic districts. (Recapture penalties,
may apply if the owner destroys the property or damages its historic value.)
Since the Local Landmark Program is a form of zoning, the County is unable to extend an
invitation to properties inside the Town of Hillsborough's planning jurisdiction-including sites
outside of town limits but inside the ETJ. There appears to be two ways to address this:
1) The Town Board could amend the Town's preservation ordinance to allow for the
designation of individually significant properties as landmarks or;
2) The Town and the County could consider entering into an inter-local agreement to allow
the county's program to extend into the Town's jurisdiction. Part of the purpose of this
item is to begin to discuss whether the Orange County Board of Commissioners would
be interested in pursuing such an agreement.
Since the Hillsborough Historic District Commission's purview is directed toward the historic
district, certain areas between the district and the County's jurisdiction are not covered by either
the Town's Historic District Commission or the County's Historic Preservation Commission.
When discussing a potential agreement for the Local Landmark Program the Boards may also
wish to consider a strategy for reviewing development applications within this area (outside of
the historic district but inside the Town's planning jurisdiction) to ensure that cultural and
archaeological resources remain protected.
Additional Information
The Local Landmark Program and the National Register of Historic Places are two entirely
distinct and separate programs. Both offer honorary status to historic properties through a
formal designation process. The specific benefits of each program, however, are quite different.
The Local Landmark Program is a local program administered through local government. The
National Register of Historic Places is a federal program administered by the National Park
Service in partnership with state historic preservation offices (SHPO). The rehabilitation tax
credit program is available to the owners of properties listed in the National Register individually
or as a contributing property within a National Register Historic District. It is not a benefit for
participating in a local designation program-as an individual landmark or as a contributing
building in a local historic district.