[HISTORY: Adopted by the Board of Trustees of the Village of Harriman 12-11-1991 by L.L. No. 3-1991. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 78.
Zoning — See Ch. 140.
The Board of Trustees of the Incorporated Village of Harriman finds that the protection, enhancement and perpetuation of historic landmarks is an important public objective which promotes the economic, cultural, educational and general welfare of the community. Inasmuch as Harriman has significant historic, architectural, aesthetic and cultural resources which constitute vital components of its heritage, this chapter is intended to:
A. 
Protect and enhance the historic landmarks which represent distinctive elements of Harriman's historic, architectural, aesthetic and cultural legacy.
B. 
Foster civic pride in the accomplishments, events and developments of the past.
C. 
Protect and enhance Harriman's attractiveness to visitors and residents and in so doing support and stimulate the Village's economy.
D. 
Ensure the harmonious, orderly and efficient growth and development of the Village.
As used in this chapter, the following terms shall have the meanings indicated:
HISTORIC LANDMARK
Any place, structure or building of special historical, archaeological, architectural or cultural interest which, by reason of its aesthetic value and/or role in the development, heritage or cultural characteristics of the Village, is of such significance as to warrant its conservation, preservation and protection from adverse influences.
HISTORIC SITE
A parcel of land on which is located an historic landmark.
There is hereby created a committee to be known as the "Village of Harriman Historic Preservation Committee."
A. 
The Committee shall consist of five Village residents to be appointed by the Mayor, with the consent of the Board of Trustees. Said residents shall be qualified to serve by reason of their interest, training or experience in achieving the purposes of historic preservation, which shall mean the study, designation, protection, restoration, rehabilitation and use of buildings, structures, historic landmarks, sites and districts significant in the heritage of the community. The Village Historian shall serve as a member of this Committee.
B. 
The Committee members shall serve for terms of three years. However, the initial terms of two of the five members shall be for one year, the initial terms of two members shall be for two years and the initial term of one member shall be for three years. The Chairman shall be appointed by the Mayor.
C. 
The Committee shall have the authority to:
(1) 
Promulgate rules and regulations as necessary for the conduct of its business.
(2) 
Adopt criteria for the identification of significant historic, architectural and cultural landmarks and for the designation of historic landmarks.
(3) 
Conduct surveys and inventories of significant historic, architectural and cultural landmarks within the Village.
(4) 
Make recommendations to the Board of Trustees for the designation of identified places, structures, buildings and areas as historic landmarks and sites.
(5) 
Increase public awareness of the value of historic, cultural and architectural preservation by developing and participating in public education programs.
(6) 
Make recommendations to the Board of Trustees concerning the utilization of state, federal or private funds to promote the preservation of historic landmarks within the Village.
(7) 
Make recommendations for the acquisition of an historic landmark by the Village where its preservation is essential to the purposes of this chapter and where private preservation is not feasible.
(8) 
Review plans for the alteration, demolition or new construction affecting historic landmarks and sites and make recommendations regarding the same to the Planning Board.
(9) 
Retain consultants, including but not limited to technical experts, architects, historians and engineers to advise in the preparation of plans or projects or to render assistance in connection with any project. Any contract to retain such consultants involving the expenditure of funds shall be subject to the approval of the Board of Trustees.
D. 
The Committee shall meet at any time upon the written request of any two of the Committee members or on the call of the Chairman of the Committee or the Mayor.
E. 
A quorum for the transaction of business shall consist of three of the Committee's members. A majority of the full authorized membership shall be necessary for the approval of any recommendation or application. The failure to receive a majority of the full authorized membership shall constitute disapproval.
A. 
The owner of any parcel or any person with the written consent of the owner may request the designation of an historic landmark or site by submitting a written request to the Committee. In addition, the Committee may, on its own motion, initiate proceedings for the designation of any historic landmark or site. The signed application form shall be accompanied by such information as deemed necessary by the Committee, including but not limited to plans, surveys, maps, drawings, sketches, photos, reports and historical documents.
[Amended 11-10-2015 by L.L. No. 5-2015]
B. 
Upon the receipt of a completed application, the Committees shall fix a time and place for a public hearing thereon and shall give notice by publishing the same in a newspaper of general circulation in the Village which shall have been designated by the Board of Trustees for such purpose. The applicant shall be required to give at least five days' notice of the public hearing to the owners of property within 200 feet of the proposed landmark site under consideration, by certified mail, with return receipt, sent to the last known address of said owner as appears in the last assessment roll filed in the Village Clerk's office. The notice shall state the time and place of the public hearing and such other information as shall be required by the Committee. The applicant shall file the return receipts with the Committee at the time of the public hearing.
C. 
At the public hearing, the Committee, owner and/or any interested parties may present testimony or documentary evidence which will become part of the record regarding the historic, architectural or cultural importance of the proposed historic landmark. The record may also contain staff reports, public comments or other evidence offered outside of the hearing. In addition, the Committee shall inform, consult with and solicit the comments of the Planning Board of the Village of Harriman, which Board may set a hearing to consider the proposed designation.
D. 
The Committee may recommend an individual property as an historic landmark or site 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 Village.
(2) 
Is identified with persons, events or developments which are significant to the heritage of the Village.
(3) 
Embodies the distinguishing characteristics of an architectural style or has substantial intrinsic artistic merit.
(4) 
Is the work of a designer whose work has significantly influenced an age.
(5) 
Because of a unique location or singular physical characteristic, represents an established and familiar visual feature of the community.
(6) 
Has such other features or characteristics which have relevance for the aims of historic preservation.
E. 
Within 45 days after the date of the public hearing and the submission of all requested information and evidence, the Committee shall file a report and decision with the Board of Trustees, which shall constitute a recommendation as to the approval or disapproval of the application. A copy of said report and decision shall be sent to the applicant and/or owner of the subject property by certified mail, return receipt requested, and by first class mail to such other interested persons who have requested the same.
F. 
If the application has been approved by the Committee, or if the application has been disapproved but the owner and/or applicant requests a hearing, then the Board of Trustees shall set a public hearing within 60 days of such approval or request. Notice of said Board hearing shall be pursuant to the requirements of the Village Law. No place, structure, building or site shall be designated an historic landmark or historic site unless so designated after a public hearing held by the Board of Trustees. The Board may accept, modify or reject the recommendation of the Historic Preservation Committee.
A. 
No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction or removal of any historic landmark, nor shall any person make any material change in the appearance of such property, its light fixtures, landscaping, signs, sidewalks, fences, steps, paving or other exterior elements visible from a public or private street which affect the appearance and cohesiveness of the historic landmark or site, without first consulting the Historic Preservation Committee. It shall be the responsibility of the applicant for such changes to meet with the Committee and such other interested parties as it may designate. The Committee shall issue a report and make a recommendation to the Village Planning Board, and such report and recommendation shall be required elements in any site plan review and shall be submitted prior to the issuance of a building permit.
B. 
In reviewing plans, the Committee shall give consideration to the following:
(1) 
That the elements which contribute to the special character of the historic landmark be retained and that such features be altered as little as possible.
(2) 
That the changes be compatible with the distinctive appearance of the landmark in regard to style, material, textures, design, mass, line, scale, height, detail, color, setbacks, landscaping and other aesthetic elements.
(3) 
That there be visual compatibility within the landmark site and with the surrounding properties and neighborhood.
(4) 
That there be compliance with any governmental standards for rehabilitation and guidelines for rehabilitating historic buildings.
C. 
The Planning Board shall have authority to approve, disapprove or modify any plans for the alteration, demolition or new construction affecting historic landmarks or landmark sites. Any person aggrieved by any decision of the Planning Board in this regard may appeal such decision to the Board of Appeals in the same manner as is provided for zoning appeals.
A. 
Nothing in this chapter shall be construed to prevent the ordinary maintenance, repair and replacement of any exterior or interior historic feature of an historic landmark or site which does not involve a change in design, material, color or outward appearance. However, such maintenance, repair and replacement shall be in compliance with governmental standards for rehabilitation and guidelines for rehabilitating historic buildings.
B. 
No owner or person with an interest in property designated an historic landmark or site shall permit the property to decay or deteriorate to such an extent as to diminish its character as a landmark or allow it to fall into such disrepair as to create an unsafe or dangerous condition. The Code Enforcement Officer, after consultation with the Historic Preservation Committee, shall have the authority to require that the defects be corrected at the earliest possible time.
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 not more than $250 or imprisonment for not more than 15 days, or both, for each day 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. Any action to enforce this subsection shall be brought by the Village. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.