[HISTORY: Adopted by the Board of Trustees of the Village of Nassau 9-19-1990
as L.L. No. 5-1990. Amendments noted where applicable.]
It is hereby declared as a matter of public policy that the protection,
enhancement and perpetuation of landmarks and historic districts is necessary
to promote the economic, cultural, educational and general welfare of the
public. Inasmuch as the identity of a people is founded on its past and inasmuch
as the Village of Nassau has many significant historic, architectural and
cultural resources which constitute its heritage, this chapter is intended
to:
A.
Protect and enhance the landmarks and historic districts
which represent distinctive elements of the Village of Nassau's historic,
architectural and cultural heritage.
B.
Foster civic pride in the accomplishments of the past.
C.
Protect and enhance the Village of Nassau's attractiveness
to visitors and the support and stimulus to the economy thereby provided.
D.
Ensure the harmonious, orderly and efficient growth and
development of the village.
There is hereby created a Commission to be known as the "Village of
Nassau Historic Preservation Commission."
A.
The Commission shall consist of five (5) members to be
appointed by the Mayor.
B.
Commission members shall serve for terms of five (6)
years, with the exception of the initial term of one (1) of the members which
shall be one (1) year, one (1) which shall be two (2) years, one (1) which
shall be three (3) years and one (1) which shall be four (4) years.
C.
The Chairman and Vice Chairman of the Commission shall
be elected by and from among the members of the Commission.
D.
The powers of the Commission shall include:
(1)
Within the budget established by the Village Board, employment
of staff and professional consultants as necessary to carry out the duties
of the Commission.
(2)
Promulgation of rules and regulations as necessary for
the conduct of its business.
(3)
Adoption of criteria for the identification of significant
historic, architectural and cultural landmarks and for the delineation of
historic districts.
(4)
Conduct of surveys of significant historic, architectural
and cultural landmarks and historic districts within the village.
(5)
Designation of identified structures or resources as
landmarks and historic districts.
(6)
Acceptance on behalf of the village government of the
donation of facade easements and development rights and the making of recommendations
to the village government concerning the acquisition of facade easements or
other interest in real property as necessary to carry out the purposes of
this chapter.
(7)
Increasing public awareness of the value of historic,
cultural and architectural preservation by developing and participating in
public education programs.
(8)
Making recommendations to village government concerning
the utilization of state, federal or private funds to promote the preservation
of landmarks and historic districts within the village.
(9)
Recommending acquisition of a landmark structure by the
village government where its preservation is essential to the purposes of
this chapter and where private preservation is not feasible.
(10)
Approval or disapproval of applications for certificates
of appropriateness pursuant to this chapter.
E.
The Commission shall meet at least four (4) times per
year, but meetings may be held at any time on the written request of any two
(2) of the Commission members or on the call of the Chairman or the Mayor.
F.
A quorum for the transaction of business shall consist
of three (3) of the Commission's members, but not less than a majority
of the full authorized membership may grant or deny a certificate of appropriateness.
A.
The Commission may designate an individual property as
a landmark if it:
(1)
Possesses special character or historic or aesthetic
interest or value as part of the cultural, political, economic or social history
of the locality, region, state or nation;
(2)
Is identified with historic personages;
(3)
Embodies the distinguishing characteristics of an architectural
style;
(4)
Is the work of a designer whose work has significantly
influenced an age; or
(5)
Because of unique location or singular physical characteristics
represents an established and familiar visual feature of the neighborhood.
B.
C.
Notice of a proposed designation shall be sent by registered
mail to the owner of the property proposed for designation, describing the
property proposed and announcing a public hearing by the Commission to consider
the designation. Once the Commission has issued notice of proposed designation,
no building or demolition permits shall be issued by the Building Inspector
until the Commission has made its decision [which decision shall be within
sixty (60) days of the above public hearing].
D.
The Commission shall hold a public hearing prior to designation
of any landmark or historic district. The Commission, owners and any interested
parties may present testimony or documentary evidence at the hearing which
will become part of a record regarding the historic, architectural or cultural
importance of the proposed landmark or historic district. The record may also
contain staff reports, public comments or other evidence offered outside of
the hearing.
E.
The Commission shall forward notice of each property
designated as a landmark and the boundaries of each designated historic district
to the offices of the Rensselaer County Clerk for recordation.
No person shall carry out any exterior alteration, restoration, reconstruction,
demolition, new construction or moving of a landmark or property within an
historic district, nor shall any person make any material change in the appearance
of such property within an historic district, nor shall any person make any
material change in the appearance of such property, its light fixtures, signs,
sidewalks, fences, steps, paving or other exterior elements visible from a
public street or alley which affect the appearance and cohesiveness of the
historic district without first obtaining a certificate of appropriateness
from the Historic Preservation Commission. A certificate of appropriateness
is that written document evidencing the Commission's approval, with or
without conditions, for alteration, demolition or new construction affecting
landmarks or historic districts.
A.
In passing upon an application for a certificate of appropriateness,
the Historic Preservation Commission shall not consider changes to interior
spaces, unless they are open to the public, or to architectural features that
are not visible from a public street or alley. The Commission's decision
shall be based on the following principals:
(1)
Properties which contribute to the character of the historic
district shall be retained, with their historic features altered as little
as possible.
(2)
Any alteration of existing properties shall be compatible
with their historic character, as well as with the surrounding district.
(3)
New construction shall be compatible with the district
in which it is located.
B.
In applying the principle of compatibility, the Commission
shall consider the following factors:
(1)
The general design, character and appropriateness to
the property of the proposed alteration or new construction.
(2)
The scale of proposed alteration or new construction
in relation to the property itself, surrounding properties and the neighborhood.
(3)
Texture, materials and their relation to similar features
of other properties in the neighborhood.
(4)
Visual compatibility with surrounding properties, including
proportion of the property's front facade portion and arrangement of
windows and other openings within the facade, roof shape and the rhythm of
spacing of properties on streets, including setbacks.
(5)
The importance of historic, architectural or other features
to the significance of the property.
A.
Prior to the commencement of any work requiring a certificate
of appropriateness, the owner shall file an application for such a certificate
with the Historic Preservation Commission. The application shall contain:
(1)
The name, address and telephone number of the applicant.
(2)
The location and photographs of the property.
(3)
Elevation drawings of proposed changes, if available.
(4)
Perspective drawings, including relationship to adjacent
properties, if available.
(5)
Samples of color or materials to be used.
(6)
Where the proposal includes signs or lettering, a scale
drawing showing the type of lettering to be used, all dimensions and colors,
a description of the materials to be used, the method of illumination and
a plan showing the sign's location on the property.
(7)
Any other information which the Commission may deem necessary
in order to visualize the proposed work.
B.
No building or demolition permit shall be issued for
such proposed work until a certificate of appropriateness has first been issued
by the Historic Preservation Commission. The certificate of appropriateness
required by this chapter shall be in addition to and not in lieu of any building
or demolition permit that may be required by any other ordinance of the Village
of Nassau.
C.
The Commission shall approve, deny or approve the permit
with modifications within sixty (60) days from receipt of the completed application.
The Commission may hold a public hearing on the application at which an opportunity
will be provided for proponents and opponents of the application to present
their views.
D.
All decisions of the Commission shall be in writing.
A copy shall be sent to the applicant by registered mail and a copy filed
with the Village Clerk's office for public inspection. The Commission's
decisions shall state the reasons for denying or modifying any application.
A.
An applicant whose certificate of appropriateness for
a proposed demolition has been denied may apply for relief on the ground of
hardship. In order to prove the existence of hardship, the applicant shall
establish that:
(1)
The property is incapable of earning a reasonable return,
regardless of whether that return represents the most profitable return possible.
(2)
The property cannot be adapted for any other use, whether
by the current owner or by a purchaser, which would result in a reasonable
return.
(3)
Efforts to find a purchaser interested in acquiring the
property and preserving it have failed.
B.
An applicant whose certificate of appropriateness for
a proposed alteration has been denied may apply for relief on the ground of
hardship. In order to prove the existence of hardship, the applicant shall
establish that the property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible.
A.
After receiving written notification from the Commission
of the denial of a certificate of appropriateness, an applicant may commence
the hardship process. No building permit or demolition permit shall be issued
unless the Commission makes a finding that a hardship exists.
B.
The Commission may hold a public hearing on the hardship
application at which an opportunity will be provided for proponents and opponents
of the application to present their views.
C.
The applicant shall consult in good faith with the Commission,
local preservation groups and interested parties in a diligent effort to seek
an alternative that will result in preservation of the property.
D.
All decisions of the Commission shall be in writing.
A copy shall be sent to the applicant by registered mail and a copy filed
with the Village Clerk's office for public inspection. The Commission's
decision shall state the reasons for granting or denying the hardship application.
All work performed pursuant to a certificate of appropriateness issued
under this chapter shall conform to any requirements included therein. It
shall be the duty of the Building Code Enforcement Officer to inspect periodically
any such work to assure compliance. In the event that work is found that is
not being performed in accordance with the certificate of appropriateness
or upon notification of such fact by the Historic Preservation Commission,
the Building Code Enforcement Officer shall issue a stop-work order and all
work shall immediately cease. No further work shall be undertaken on the project
as long as the stop-work order is in effect.
A.
Nothing in this chapter shall be construed to prevent
the ordinary maintenance and repair of any exterior architectural feature
of a landmark or property within an historic district which does not involve
a change in design, material or outward appearance.
B.
No owner or person with an interest in real property
designed as a landmark or included within an historic district shall permit
the property to fall into a serious state of disrepair so as to result in
the deterioration of any exterior architectural feature which would, in the
judgment of the Historic Preservation Commission, produce a detrimental effect
upon the character of the historic district as a whole or the life and character
of the property itself. Examples of such deterioration include:
(1)
Deterioration of exterior walls or other vertical supports.
(2)
Deterioration of roofs or other horizontal members.
(3)
Deterioration of exterior chimneys.
(4)
Deterioration or crumbling of exterior stucco or mortar.
(5)
Ineffective waterproofing of exterior walls, roofs or
foundation, including broken windows or doors.
(6)
Deterioration of any feature so as to create a hazardous
condition which could lead to the claim that demolition is necessary for the
public safety.
A.
Failure to comply with any of the provisions of this
chapter shall be deemed a violation, and the violator shall be liable to a
fine of up to one hundred dollars ($100.) for each day that the violation
continues.
B.
Any person who demolishes, alters, constructs or permits
a designated property to fall into a serious state of disrepair in violation
of this chapter shall be required to restore the property and its site to
its appearance prior to the violation. This civil remedy shall be in addition
to and not in lieu of any criminal prosecution and penalty.
Any person aggrieved by a decision of the Historic Preservation Commission
relating to hardship or a certificate of appropriateness may, within forty-five
(45) days of the decision, file a written application with the Village Board
of Trustees for review of the decision. Such appeal shall be based on the
record before the Commission. The Village Board shall render its written decision
within sixty (60) days of the hearing of the appeal.
