A.
General and advisory powers. The Commission shall, from time to time:
(1)
Review any local laws or regulations, including existing landmarks
or historic preservation laws or regulations in the Village, and recommend
to the Village Board of Trustees any changes and amendments thereto;
(2)
Recommend to the Village Board additional regulations to be adopted
by local law that may be necessary for the Commission to conduct its
business, consistent with the scope and intent of this chapter;
(3)
Recommend to the Village Board specific criteria for regulations
to be adopted by local law that identify and catalogue significant
historic landmarks, and from time to time advise it on suggested changes
thereto;
(4)
Recommend to the Village Board of Trustees landmarks and historic
districts to be adopted by local law, and from time to time changes
thereto;
(5)
Maintain an inventory of locally designated historic resources or
districts within the Village and publicize the inventory;
(6)
Recommend to the Village Board of Trustees additional criteria to
be adopted in local law to be used when evaluating applications for
a certificate of appropriateness;
(7)
Recommend to the Village Board of Trustees proposals for the acquisition
of preservation easements or other interests in real property;
(8)
Conduct investigations, prepare maps, reports and recommendations
in connection with its advisory authority relating to the planning,
development and administration of the Village landmarks preservation
policies, regulations and local law as needed, provided the total
expenditures of said Commission shall not exceed the appropriation
provided by the Village Board of Trustees together with any public
or private grant funding received by the Village for the Commission
to undertake its landmarks preservation powers and duties.
(9)
Report on matters referred to it by the Village Board of Trustees.
The Village Board may by resolution provide for the referral to the
Commission for a report on any matter or class of matters that impact
the municipality's landmarks preservation local law, policies, regulations
or administrative processes before final action is taken thereon by
the Village Board of Trustees or other office of said Village having
final authority over said matter. The Village Board may further stipulate
that final action thereon shall not be taken until the Commission
has submitted its report thereon, or has had a reasonable time, to
be fixed by the Village Board of Trustees in said resolution, to submit
the report.
B.
Administrative reviews. In accordance with the regulations adopted
by the Village Board of Trustees for landmarks and historic preservation
purposes, the Commission shall:
(1)
Evaluate an application for a certificate of appropriateness; approve,
approve with modifications, or deny any proposal for exterior changes
to a designated individual landmark or property within a designated
historic district resulting from any such application;
(2)
Evaluate an application for a certificate of economic hardship; approve,
approve with modifications, or deny any such application;
(3)
Evaluate an application for a certificate of appropriateness for
demolition, removal or relocation; approve, approve with modifications,
or deny any such application:
(4)
Evaluate, without public hearing, an application for ordinary maintenance
and repair of historic resources, properties or landmarks; approve,
approve with modifications, or deny any such applications;
(5)
Perform other functions that the Village Board of Trustees may designate
by local law.
C.
A Commission may advise designation of a historic district under
this historic preservation local law and that historic district is
not to be construed as a zoning district under the Village local law.
Nothing contained in this historic preservation local law shall be
construed as authorizing the Commission to adopt a law, bylaw or regulation
that regulates or limits the height and bulk of buildings, regulates
and determines the area of yards, courts and other open spaces, regulates
density of population or regulates or restricts the locations of trades
and industries or creates zoning districts for any such purpose.
All Village departments shall, upon request of the Commission,
assist and furnish available permits, plans, reports, maps and statistical
and other information which the Commission may require for its work.
The Commission shall delineate landmarks or historic districts
and recommend them to the Village Board of Trustees for official designation
under local law.
A.
Individual landmark: The Commission may delineate and recommend an
individual property as an individual landmark if it:
(1)
Exemplifies or possesses special character, or historic or aesthetic
interest of value as part of the political, economic, or social history
of the Village;
(2)
Is identified with persons or events significant in local, state,
or national history;
(3)
Embodies the distinguishing characteristics of a type, period or
method of construction or design style, or is a valuable example of
the use of indigenous materials or craftsmanship; or is representative
of the work of a designer, architect or builder;
(4)
Represents an established and familiar visual feature of the community
by virtue of its unique location or singular physical characteristic,
represents an established and familiar visual feature of the community;
or
(5)
Has yielded or may be likely to yield information important in prehistory
or history.
B.
Historic district: The Commission may delineate and recommend a group
of properties within the Village as an historic district if a majority
of properties therein:
(1)
Contain properties which meet one or more of the criteria for designation
as a landmark and which may have within its boundaries other properties
or structures that, while not of such historic and/or architectural
significance to be designated as landmarks, nevertheless contribute
to the overall visual characteristics of the landmark or landmarks
located within the historic district; and
(2)
Constitute a unique section of the Village by reason of possessing
those qualities that would satisfy such criteria.
C.
Scenic landmark: The Commission may delineate and recommend a landscape
feature or group of features. Recommendations for designation must
be accompanied by such historical and architectural information as
is required by the Commission to make an informed recommendation concerning
the application.
D.
Boundaries: The boundaries of each landmark, scenic landmark or historic
district for delineation shall be specified in detail with reference
to the tax map identification number and shall be filed, in writing,
in the Village Clerk's office and there made available for review
by the public.
E.
Ordinarily, properties that have achieved significance within the
past 50 years are not considered eligible for delineation and recommendation
under this landmarks preservation local law or local law adopted by
the Village Board of Trustees. However, such properties will qualify
if they are:
The Commission shall delineate individual landmarks or historic
districts in the following manner:
A.
Initiation of proposed designation. Designation of an individual
historic landmark or historic district may be proposed by the Commission,
by the owner of the property, or by any resident of the Village.
B.
Historic Preservation Commission recommendation procedure.
(1)
Within 90 days after receipt of a full application or other matter
referred to it, the Commission shall prepare a report giving an opinion
on the application, hold a public hearing on the application and issue
a recommendation on the application to the Board of Trustees. Public
notice of any such hearing shall be given by publication in a newspaper
of general circulation within the Village at least 15 days prior to
the public hearing date.
(2)
Commission report: The Commission shall compile a public record in
support of its delineation of a resource, landmark or historic district.
In addition to testimony or documentary evidence received at any public
hearing, the record may also contain reports, public comments, expert
testimony, or other evidence offered outside of the hearing, but submitted
for the Commission's consideration by the date of the hearing. At
a minimum, the record of the delineation shall contain the application,
Commission and/or staff reports, any comments made on the application
at the public hearing, and the Commission's recommendation to the
Village Board of Trustees to approve, approve with modifications,
or deny the application requesting designation.
(3)
The Commission shall require submission of written comments on the
application prior to designation of any landmark scenic landmark or
historic district.
(4)
The Commission, property 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 resource, individual, landmark or historic
district.
(5)
The Commission may agree with the applicant in writing to extend
the time period within which a recommendation will be made.
C.
Village Board of Trustees designation procedure.
(1)
Following a positive recommendation of the designation by the Historic
Preservation Commission, the Board of Trustees shall take up the application
and call for a public hearing.
(a)
Ten properties or less: Notice of public hearing for a proposed
designation involving no more than 10 properties shall be sent by
certified mail/return receipt requested or courier service with proof
of delivery or personal service with proof of delivery to the owners
of properties located within the area of the proposed historic district
at least 30 days prior to the date of the public hearing. Such notice
shall include a description of the properties proposed for designation
and state the time and place where any public hearing to consider
such designation will be held by the Commission.
(b)
More than 10 properties: Where the proposed designation of an
historic district includes more than 10 properties and the Commission
deems individual notice infeasible, notice may instead be published
at least once in newspaper of general circulation in the Village 30
days prior to the date of the public hearing. The notice shall specify
the time and place of the public hearing, a brief description of the
proposed designation, and the location where the proposal may be reviewed
prior the hearing.
(2)
Village decision: Within 62 days after the close of the public hearing,
the governing board of the Village Board of Trustees shall by resolution
undertake a designation in whole or in part, or shall disapprove in
entirety, setting forth in writing the reasons for the decision. Notice
of the Village Board designation shall be sent by the Commission to
the applicants and owners of a designated property by certified mail
return receipt requested or in the case of an approved historic district,
notice shall be sent by the Commission to the applicants and owners
of all properties within the approved district by certified mail return
receipt requested.
(3)
Upon receipt of notice that the Historic Preservation Commission
is considering an area for designation as an historic district or
a building or property for landmark status, the Building Department
shall not issue any permit for the demolition, alteration or improvement
of properties within the stated boundaries of said proposed district
or historic landmark until and unless final determination has been
made that said proposed district or landmark has been denied designation.
(4)
The Commission shall forward notice of each property designated as
an individual landmark and the boundaries of each designated historic
district to the Building Department Village clerk for recordation.
(5)
Failure to send notice. Failure to send any notice by mail to any
property owners where the address of such owner is not a matter of
property tax records shall not invalidate any proceedings in connection
with the proposed designation.
D.
Amendment or rescission. The Commission may amend or rescind any
designation of an individual landmark or historic district in the
same manner and procedure as followed for designation.
A.
The Village of Haverstraw Historic Preservation Commission is responsible
for the approval or disapproval of proposals for exterior changes
to a historic property designated under this chapter. No person shall
carry out any exterior alteration, restoration, reconstruction, demolition,
new construction, or move of a designated historic landmark or property
within a designated historic district without first obtaining a certificate
of appropriateness that authorizes such work from Commission.
B.
All changes to Village-owned property affecting an individual landmark
or within a historic district shall be subject to the provisions of
this chapter.
C.
The Building Department shall receive and file all applications issued
for any individual landmark, or landmarks or historic district to
which this chapter applies. The Building Department shall transmit
a copy of any such application to the Commission.
D.
The Commission may require that the application for certificate of
appropriateness be supplemented by such additional information or
materials as may be necessary for a complete review by the Commission.
The Commission may impose such reasonable conditions or restrictions
as it deems necessary or appropriate on a case-by-case basis to promote
or achieve the purpose of this chapter.
E.
The Historic Preservation Commission shall develop a listing of changes
that may be commenced on buildings or sites classified as landmarks
or historic districts. Such changes shall be such that the Commission
feels they will not substantially cause to deteriorate or lower the
overall architectural and historical ambience and character of the
district. This listing of changes shall guide property owners and
tenants in the district and the Historic Preservation Commission in
determining whether or not a proposed exterior change will significantly
affect the character of the Historical and Architectural Design District.
A.
Certificate of appropriateness; general criteria: The Commission
shall approve the issuance of a certificate of appropriateness only
if it determines that the proposed work will not have a substantial
adverse effect on the aesthetic, historical, or architectural significance
and value of the individual landmark or if the proposed work is within
a historic district, proposed work will not have a substantial adverse
effect on the aesthetic, historical, or architectural significance
of the property itself, the district or neighboring properties in
such district.
B.
In making this determination, the Commission's decision to approve,
approve with modification(s) or deny an application for a certificate
of appropriateness for an individual landmark, scenic landmark will
be guided by the secretary of the Interior's Standards for Rehabilitation
and by the following principles:
(1)
The Commission's decision to approve, approve with modification(s)
or deny an application for a certificate of appropriateness for an
improvement to property located within a historic district shall be
based on the following principles:
(a)
Properties which contribute to the character of the historic
district shall be retained, with their historic features altered as
little as possible;
(b)
Any alteration of existing properties shall be compatible with
the surrounding historic district; and
(c)
New construction shall be compatible with the historic district
in which it is located.
C.
In applying the principle of compatibility set forth in Subsection B of this section, the Commission shall consider the following factors:
(1)
The general design and character of the proposed alteration or new
construction relative to existing features of the property or improvement;
(2)
The scale and visual compatibility of the proposed alteration or
new construction in relation to the property itself, surrounding properties,
and the neighborhood;
(3)
Texture and materials, and their relation to similar features of
the property and other properties in the neighborhood;
(4)
Visual compatibility with surrounding properties, including proportion
of the property's facade, proportion and arrangement of windows and
other openings within the facade, roof shape, and the rhythm of spacing
of properties on streets, including setback; and
(5)
The importance of historic physical and visual features to the significance
of the property.
D.
In approving an application for a certificate of appropriateness,
the Commission shall find that the building or structure for which
the permit was requested, if erected or altered in accordance with
the submitted plan or with stated modifications, would be consistent
with the spirit and intent of this chapter, would not be visually
offensive or inappropriate by reason of poor quality of exterior design,
monotonous similarity or visual discord in relation to the sites or
surroundings, would not mar the appearance of the area, would not
impair the use, enjoyment and desirability or reduce the values of
properties in the area, would not be detrimental to the character
of the neighborhood, would not prevent an appropriate development
and utilization of the site or of adjacent lands and would not adversely
affect the functioning, economic stability, prosperity, health, safety
and general welfare of the community.
E.
Where the Commission grants a certificate of appropriateness under
circumstances where the permitted activity is likely to uncover or
affect archaeological resources, the Commission shall require reasonable
efforts to protect and preserve such resources. Where such protection
and preservation is not feasible, the Commission shall nonetheless
impose appropriate and reasonable conditions to insure that the archaeological
resource is made accessible for a reasonable period to qualified persons.
F.
In approving an application for a certificate of appropriateness,
the Commission shall not review changes to exterior paint colors.
A.
Prior to the commencement of any work requiring a certificate of
appropriateness, the property owner shall file an application for
such certificate with the Commission. Applications filed under this
law do not require review and approval of the Architectural Review
Board.
B.
The application for certificate of appropriateness shall contain:
(1)
Name, address, and telephone number of applicant;
(2)
Building permit application number as assigned by the Building Department;
(3)
Location and photographs of property;
(4)
Elevation drawings of proposed changes, if available;
(5)
Perspective drawings, including relationship to adjacent properties,
if available;
(6)
Samples of building materials to be used, including their proposed
color;
(7)
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 materials to be used, method of illumination, and a plan showing
the sign's location on the property; and any other information which
the Commission may deem necessary in order to visualize the proposed
work.
C.
Upon receipt of all the information required herein, the Commission
shall deem the application complete and shall place the application
on the agenda of the next meeting of the Commission.
D.
Upon submission of a complete application, the Commission shall have
the authority to, without public hearing and notice:
(1)
Determine whether the proposed work constitutes ordinary maintenance
and repair for which a certificate of appropriateness is not required;
(2)
Approve work which is considered replacement-in-kind:
(3)
Approve work that is of any other type that has been previously determined
by the Commission to be appropriate for delegation to staff.
E.
The Commission is required to report to the Village/Town/City governing
board on a monthly basis on all activities for which applications
were submitted and decisions were made without any public hearing
and notice.
A.
Upon application for a certificate of appropriateness, public notice
of the proposal shall be posted by the owner or owner's representative
on the property for a minimum of 10 days. This notice must remain
in place until a decision to approve or deny the certificate of appropriateness
has been made. The notice shall specify the proposed work, the time
and place of the public hearing, and to whom and by when any public
comments are to be communicated. The notice must be placed at or near
the property line in the front yard so that it will be plainly visible
from the street, and, in cases where a property has frontage on more
than one street, an additional sign must be placed at or near the
property line on any additional street frontage so that the sign will
be plainly visible from the street on which it has such additional
frontage.
B.
The Commission shall hold a public hearing prior to rendering a decision
on any application for a certificate of appropriateness. Notice of
the public hearing shall be published in a newspaper of general circulation
in the Village at least 15 calendar days prior to the public hearing
date. The notice shall specify the time and place of the public hearing,
a brief description of the proposal, and the location where the proposal
may be reviewed prior to the hearing. The property owner and any interested
party may present testimony or documentary evidence regarding the
proposal at the hearing, which will become a part of the record. The
record may also contain staff reports, public comments, and other
evidence offered outside of the hearing, but presented by the hearing
date.
C.
Within 62 days after the close of the public hearing, the Commission
shall approve, approve with conditions or modifications, request additional
information, or deny the certificate of appropriateness.
D.
In the event, however, that the Commission shall make a finding of
fact that the circumstances of a particular application require further
time for additional study and information than can be obtained within
the aforesaid sixty-two-day period after close of the public hearing,
then the Commission shall have a period of up to one additional sixty-two-day
period from the date of any such finding within which to act upon
such an applications.
E.
All decisions of the Commission shall be in writing. A copy shall
be sent to the applicant by certified mail/return receipt requested
or courier service with proof of delivery or personal service with
proof of delivery, and a copy filed with the Building Department and
Village clerk for public inspection, within 10 days of the date of
the decision. The Commission's decision shall state the reasons for
denying or modifying any application.
Certificates of appropriateness shall be valid for 24 months,
after which time the owner shall apply for a new certificate if he/she
still wishes to undertake work on the property. At least two months
prior to expiration of the twenty-four-month period the owner may
apply, in writing, for an extension and shall explain the reasons
for the extension request. The Commission may grant up to two extensions
of six months each. A written application for an extension of a certificate
of appropriateness approval shall not be considered an application
for a new certificate of appropriateness.
A.
An applicant whose certificate of appropriateness for a proposed
alteration of a landmark property has been denied may apply for relief
on the ground of economic hardship. In order to prove the existence
of economic hardship related to a proposed alteration, the applicant
shall establish that the denial of a certificate of appropriateness
will prevent the property owner from earning a reasonable return on
investment, regardless of whether that return represents the most
profitable return possible.
B.
As promptly as is practicable after making a preliminary determination
of hardship as provided in this chapter, the Commission, with the
aid of such experts as it deems necessary, shall, in consultation
with the applicant, endeavor to develop a plan whereby the improvement
may be preserved and perpetuated in such manner as to effectuate the
purpose of this chapter, and also rendered capable of earning a reasonable
return.
C.
Consultation; plan development. The applicant shall consult in good
faith with the Commission, local preservation groups, and other interested
parties in a diligent effort to seek an alternative that will result
in appropriate preservation of the property. The consulting parties
may include interested purchasers, as well as preservation and other
interested organizations, public agencies, developers, real estate
agents and individuals who may be instrumental in developing an economically
feasible solution.
D.
Economic hardship; criteria. Following the denial of a certificate
of appropriateness, the applicant may request a certificate of economic
hardship. In all cases other than a proposed demolition, removal or
relocation, the applicant shall prove the existence of economic hardship
by demonstrating to the Commission that: 1) the applicant cannot realize
a reasonable return if compliance with the Commission's decision is
required; provided, however, that the lack of reasonable return is
proven by the applicant to be substantial as demonstrated by competent
financial evidence; 2) that the alleged hardship relating to the property
in question is unique, and does not apply to a substantial portion
of the district or neighborhood; 3) that the requested relief, if
granted, will not alter the essential character of the neighborhood;
and 4) that the alleged hardship has not been self-created.
E.
The Commission, in the granting of a certificate of economic hardship,
shall grant the minimum terms deemed necessary and adequate to address
the unnecessary hardship proven by the applicant, and at the same
time preserve and protect the character of the neighborhood and the
health, safety and welfare of the community.
F.
Public hearing.
(1)
The Commission may hold a public hearing on the hardship application
at which an opportunity will be provided for the applicant and public
to present their views on the hardship application.
(2)
If no public hearing is held, the Commission must render a decision
on the hardship application within 62 days following its receipt of
a complete application.
(3)
A complete application includes the conclusion of all activities under Subsection C initiated to consult with necessary parties to determine whether the property may be preserved or rehabilitated in a manner that alleviates the hardship that would otherwise result while substantially accomplishing the goals of this chapter.
(4)
A complete application also includes receipt by the Commission of
all submissions necessary to meet the applicant's burden of proof.
(5)
Following the submission of a complete application, the Commission
may schedule a public hearing within a reasonable time and determine
within 62 days following to the close of any public hearing held on
the application whether the applicant has met his or her burden of
proof.
G.
Commission decision.
(1)
If the Commission finds that the applicant's burden of proof has
not been met, the Commission shall deny the application for a certificate
of economic hardship.
(2)
If the Commission finds that the applicant's burden of proof has
been met, the Commission shall issue a preliminary determination of
landmarks or economic hardship within 62 days of the close of any
public hearing held on the application or within 62 days after the
Commission has received a complete application.
(3)
Within 62 calendar days following the Commission's preliminary determination
of economic hardship the Commission must make a final determination.
(4)
A decision of the Commission on the hardship application shall be
in writing and shall state the reasons for granting or denying it.
A copy shall be sent to the applicant by certified mail/return receipt
requested or courier service with proof of delivery or personal service
with proof of delivery and a copy filed with the Village/Town/City
clerk's office for public inspection.
H.
No building permit or other land use approvals shall be issued unless
the Commission grants the hardship application. If the hardship application
is granted, the Commission shall approve only such work as is necessary
to alleviate the hardship.
A.
Demolition of an individual landmark or of a structure located in
and contributing to the significance of a historic district shall
be allowed only in case of economic hardship, unless the Building
Department, upon due deliberation has made an express written finding
that the structure presents an imminent threat to the public health,
safety and welfare.
B.
Any person desiring to demolish a designated historic building shall
first file an application for a historic building demolition permit
with the Building Department and an application for such certificate
with the Commission. An applicant must submit the following items:
(1)
Current level of economic return;
(2)
Amount paid for the property, date of purchase, party from whom purchased,
and relationship between the owner of record, the applicant, and person
from whom property was purchased;
(3)
Annual gross and net income from the property for the previous three
years; itemized operating and maintenance expenses for the previous
three years, and depreciation deduction and annual cash flow before
and after debt service, if any, during the same period;
(4)
Remaining balance on the mortgage or other financing secured by the
property and annual debt-service, if any, during the prior three years;
(5)
Real estate taxes for the previous four years and assessed value
of the property according to the two most recent assessed valuations;
(6)
All appraisals obtained within the last two years by the owner or
applicant in connection with the purchase, financing, or ownership
of the property;
(7)
Form of ownership or operation of the property, whether sole proprietorship,
for-profit or not-for-profit corporation, limited partnership, joint
venture, or other;
(8)
Any state or federal income tax returns relating to the property
for the last two years;
(9)
Any listing of property for sale or rent, price asked, and offers
received, if any, within the previous two years, including testimony
and relevant documents regarding: a) any real estate broker or firm
engaged to sell or lease the property, b) reasonableness of price
or rent sought by the applicant, or c) any advertisements placed for
the sale or rent of the property;
(10)
Feasibility of alternative uses for the property that could
earn a reasonable economic return;
(11)
Report from a licensed engineer or architect with experience
in rehabilitation as to the structural soundness of any buildings
on the property and their suitability for rehabilitation;
(12)
Cost estimates for the proposed construction, alteration, demolition,
or removal, and an estimate of any additional cost that would be incurred
to comply with the requirements for a certificate of appropriateness;
(13)
Estimated market value of the property: a) in its current condition;
b) after completion of the proposed alteration or demolition; and
c) after renovation of the existing property for continued use;
(14)
Expert testimony or opinion on the feasibility of rehabilitation
or reuse of the existing structure by an architect, developer, real
estate consultant, appraiser, and/or other real estate professional
experienced in historic properties and rehabilitation;
(15)
Any evidence of self-created hardship through deliberate neglect
or inadequate maintenance of the property; and
(16)
Economic incentives and/or funding available to the applicant
through federal, state, city, or private programs.
C.
Demolition of any such building may be approved only in connection
with approval of a replacement project.
D.
The Commission shall hold a public hearing and shall take one of
the following actions:
E.
During the continuance period, the Commission may investigate relocation
of the building (on site) or modification of the building for future
uses in a way which preserves the architectural and historical integrity
of the building.
A.
Certificate of appropriateness for demolition, removal or relocation.
An applicant whose certificate of appropriateness for a proposed demolition,
removal or relocation of a landmark, resource or property has been
denied may apply for relief on the ground of economic hardship. In
order to prove the existence of economic hardship sufficient to justify
demolition, removal, or relocation, the applicant shall establish
that the denial of a certificate of appropriateness will prevent the
property owner from earning a reasonable return on investment, regardless
of whether that return represents the most profitable return possible.
B.
Certificate of Appropriateness for demolition. The applicant for
a certificate of appropriateness for demolition must establish, to
the Commission's satisfaction, an imminent plan of reuse or redevelopment
of the affected property. The applicant for an income-producing property
shall establish that:
(1)
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible;
and
(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; and
(3)
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
(4)
In deciding upon such application for removal, relocation or demolition,
the Commission may consider whether the owner has created his own
hardship through waste and neglect, thereby permitting the property
to fall into a serious state of disrepair.
C.
Before approving the removal, relocation or demolition of an individual
landmark or structure within a historic district, the Commission may
suspend the application for up to 180 days to allow the applicant
to consult in good faith with the Commission, local preservation groups,
and the public in a diligent effort to seek a less intrusive alternative
to demolition.
A.
Ordinary maintenance; repair.
(1)
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of a
historic landmark or property within a historic district that does
not involve a change in design, building materials, color or outward
appearance.
(2)
The Commission may evaluate and decide, without public hearing, whether
or not proposed work constitutes ordinary maintenance and repair or
requires a certificate of appropriateness.
B.
No owner or person with an interest in real property designated as
an individual landmark or included with an historic district shall
permit the property to fall into a serious state of disrepair. Maintenance
shall be required, consistent with the Property Maintenance Code of
New York State Uniform Fire Prevention and Building Code and all other
applicable local regulations.
C.
Every owner or person in charge of an improvement on a landmark site
or in an historic district shall keep in good repair:
(1)
All of the exterior portions of such improvements; and
(2)
All interior portions thereof which, if not so maintained, may cause
or tend to cause the exterior portions of such improvement to deteriorate,
decay or become damaged or otherwise to fall into a serious state
of disrepair. Examples of types of prohibited disrepair include, but
are not limited to:
(a)
Deteriorated or crumbling exterior plasters, mortar or facades;
(b)
Deteriorated or inadequate foundation;
(c)
Defective or deteriorated flooring or floor supports or any
structural floor members of insufficient size to carry imposed loads
with safety;
(d)
Deteriorated walls or other vertical structural supports that
split, lean, list or buckle due to defective material or deterioration;
(e)
Members of ceilings, roofs, ceiling and roof supports or other
horizontal members which sag, split or buckle due to defective material
or deterioration or are of insufficient size to carry imposed loads;
(f)
Ineffective or inadequate waterproofing of exterior walls, exterior
chimneys, roofs, foundations or floors, including windows or doors,
which may cause or tend to cause deterioration, decay or damage;
(g)
Defective or insufficient weather protection for roofs, foundation
or exterior wall covering, including lack of paint or weathering due
to lack of paint or other protective covering, which may cause or
tend to cause deterioration, decay or damage;
(h)
Fireplaces or chimneys which list, bulge or settle due to defective
material or deterioration or are of insufficient size or strength
to carry imposed loads with safety;
(i)
Any fault or defect in the building or structure which renders
it not properly watertight or otherwise compromises the life and character
of the building or structure.
D.
Every owner or person in charge of a scenic landmark shall keep in
good repair all portions thereof.
A.
All work performed pursuant to a certificate of appropriateness issued
under this chapter shall conform to the requirements expressly stated
in the certificate or reasonably implied therefrom. It shall be the
duty of the Building Inspector to periodically inspect any such work
to assure compliance with the certificate and all applicable law.
In the event any requirement included in the certificate of appropriateness
has not been met, or upon notification of that fact by the Historic
Preservation Commission, the Building Inspector shall issue a stop-work
order and all work shall immediately cease. No further work shall
be undertaken on the project as long as a stop-work order is in effect.
B.
Any owner or person in charge of a property who demolishes, alters,
constructs, or permits a designated property to fall into a serious
state of disrepair in violation of this chapter in the absence of
a certificate of appropriateness, a finding of economic hardship,
or other approval by the Commission, may be required by the Village/Town/City
governing board to restore the property and its site to its appearance
prior to the violation.
C.
If, in the judgment of the Commission, a violation of this chapter
exists that will result in a detrimental effect upon the life and
character of a designated historic resource, landmark, property or
on the character of a historic district as a whole, the Commission
shall notify the Building Inspector. If, upon investigation, the Building
Inspector finds noncompliance with the requirements of the Property
Maintenance Code of the New York State Fire Prevention and Building
Code, or any other applicable law or regulation, the Building Inspector
shall order such remedies as are necessary and consistent with this
chapter and shall provide written notice thereof to the secretary
of the Commission.
D.
Penalties. A violation of this chapter shall be a petty offense or
infraction, and not a crime, punishable by a fine, as follows:
[Amended 10-17-2022 by L.L. No. 3-2022]
(1)
First offense: A first conviction for violation of this chapter may
result in a fine not exceeding $10,000.
(2)
Second offense: A second conviction for violation of this chapter,
if the occurrence that leads to conviction began within a period of
five years from the date of first conviction, may result in a fine
not less than $10,000 nor more than $50,000.
(3)
Third offense: A conviction for a third or subsequent offense, all
of which were committed within a period of five years from when the
occurrence leading to the first conviction began, shall include a
fine of not less than $50,000 nor more than $150,000.
(4)
In addition to any penalties imposed under this chapter, violations
of this chapter shall also be punishable in any other manner provided
under other local regulations, and state and federal law. The continuation
or repeat of a violation of, or failure to comply with, any provision
of this article shall constitute, for each occurrence that transpires
or each day on which the violation continues, a separate and distinct
charge hereunder.
E.
Abatement of violation. Appropriate actions and proceedings may be
taken by law or in equity to prevent unlawful demolition, damage or
modification of landmark structures or to restrain, correct or abate
a violation or to prevent illegal modification of a building, structure
or premises, or to prevent illegal acts, and these remedies shall
be in addition to the penalties prescribed in the preceding section.
F.
The Commission shall notify the Village Board of Trustees of an enforcement matter arising under this chapter and shall refer it to the Village Attorney. Action to enforce this chapter shall be brought by the Village Attorney, or other attorney designated by the Village Board of Trustees. Civil remedies authorized under § 150-23 of this chapter shall be in addition to, and not in lieu of, any other prosecution, fines or penalties.
[Amended 10-17-2022 by L.L. No. 3-2022]
Any person aggrieved by a decision of the Commission relating
to a certificate of economic hardship or a certificate of appropriateness
may, within 30 days of the decision, file a written appeal to the
Zoning Board of Appeals for review of the decision. Appellate review
shall be based on the same record that was before the Commission and
using the same criteria in this chapter. The procedure for overturning
the decision of the Commission shall follow the same procedure as
for issuing a variance including requirements for a public hearing.
As used in this chapter, the following words and phrases have
the following meaning:
The act or process of acquiring fee title or other interest
in real property, including acquisition of development rights or remainder
interest.
Any act or process that changes one or more of the exterior
architectural features of a building or structure by adding to, joining
with or increasing the size or capacity of the building or structure.
Any act or process, other than demolition or preventative
maintenance, that changes the exterior appearance of significant historical
or architectural features, or the historic context of a designated
landmark, including, but not limited to, exterior changes, additions,
new construction, erection, reconstruction, or removal of the building
or structure, or grading.
Especially suitable or compatible.
The quality of a building or structure based on its date
of erection, style and scarcity of same, quality of design, present
condition and appearance or other characteristics that embody the
distinctive characteristics of a type, period or method of construction.
Any construction created to shelter any form of human use,
such as a house, garage or barn, and which is permanently affixed
to the land. "Building" may also refer to a historically related complex,
such as a house and a barn.
The person, or his or her designee, authorized and certified
to enforce the New York State Fire Prevention and Building Code. The
person, or his or her designee, who is also authorized by the Village
governing board to enforce this chapter, except where another official
is expressly authorized.
The person, or his or her designee, authorized to grant permits
for construction, alteration, and demolition pursuant to the codes
adopted by the Village.
An official form issued by the Village Commission stating
that the proposed work on an designated historic landmark is compatible
with the historic character of the property and thus in accordance
with the provisions of this chapter and therefore: 1) the proposed
work may be completed as specified in the certificate; and 2) the
Village's departments may issue any permits needed to do the work
specified in the certificate.
An official form issued by the Commission when the denial
of a certificate of appropriateness has deprived, or will deprive,
the owner of the property of all reasonable use of, or economic return
on, the property.
Any alteration, demolition, removal or construction involving
any property subject to the provisions of this chapter.
Defined by form, proportion, structure, plan, style or material.
General character refers to ideas of design and construction such
as basic plan or form. Specific character refers to precise ways of
combining particular kinds of materials.
The Historic Preservation Commission established pursuant to § 150-4 of this chapter.
In harmony with location, context, setting, and historic
character.
The act of constructing an addition to an existing structure
or the erection of a new principal or accessory structure on a lot
or property.
Any act or process that removes or destroys in whole or in
part a building, structure, or resource.
A permit issued by the Building Official allowing the applicant
to demolish a building or structure, after having received a certificate
of demolition approval from the Commission.
The process by which the significance and integrity of a building, structure, object, or site is judged by an individual who meets the professional qualification standards published by the National Park Service at 36 CFR Part 61 as determined by the State Historic Preservation Office, using the designation criteria outlined in § 150-11 of this chapter.
The architectural style, design, general arrangement and
components of all of the outer surfaces of any building or structure.
Elements embodying the historical significance or architectural
style, design, general arrangement and components of all of the exterior
surfaces of any landmark or historic resource, including, but not
limited to, the type of building materials, and type and style of
windows, doors, or other elements related to such landmark or historic
resource.
A unit created for planning purposes that groups information
about historic properties based on a shared theme, specific time period
and geographical area.
An area designated as a historic district by this Historic
Preservation Local Law, and which contains within definable geographic
boundaries a significant concentration, linkage or continuity of sites,
buildings, structures, or objects united historically or aesthetically
by plan or physical development. An historic district designated under
this chapter shall not to be construed as a zoning district of the
Village, and nothing contained herein shall be construed as authorizing
the Commission to adopt a law, bylaw or regulation that regulates
or limit the height and bulk of buildings, regulates and determine
the area of yards, courts and other open spaces, regulates density
of population or regulates or restricts the locations of trades and
industries or creates zoning districts for any such purpose.
Original or old building materials (masonry, wood, metals,
marble) or construction.
The retention of sufficient aspects of location, design,
setting, workmanship, materials, feeling or association for a property
to convey its historic significance.
A building, district, site, structure or object significant
in American history, architecture, engineering, archeology or culture
at the national, state, or local level.
The Historic Preservation Commission appointed by the Village
Board of Trustees for the Village of Haverstraw.
A district, site, building, structure, or object significant
in American history, architecture, engineering, archeology, or culture
at the national, state, or local level.
Any evaluated building, structure, object, or site that potentially meets the designation criteria outlined in § 150-11.
a) The process of systematically identifying, researching,
photographing, and documenting historic resources within a defined
geographic area, and b) the resulting list of evaluated properties
that may be consulted for future designation. For the purpose of this
chapter, all surveys shall be conducted in accordance with the secretary
of the Interior's Standards and Guidelines for Identification and
Evaluation, as may be amended.
The quality of a place, site, building, district or structure
based upon its identification with historic persons or events in the
Village of Haverstraw.
The authenticity of a property's historic identity, evidenced
by the survival of physical characteristics that existed during the
property's historic or prehistoric period.
Interior landmarks are noted for the portions of their interior
that are open to the public.
A list of historic properties determined to meet specified
criteria of significance.
Any building, structure or site that has been designated as a "landmark" by the Village Board of Trustees, pursuant to procedures described in § 150-11 that is worthy of preservation, restoration or rehabilitation because of its historic or architectural significance.
A permit approving an alteration to or demolition of a landmark,
or demolition of a historic resource listed in the heritage resource
inventory pursuant to the provisions of this chapter.
The formal entry or registration of a property.
To keep in an existing state of preservation or repair.
Any change, modification, restoration, rehabilitation, or
renovation of the features of an historic resource that does not materially
change the historic characteristics of the property.
Any relocation of a building or structure on its site or
to another site.
The established criteria for evaluating the eligibility of
properties for inclusion in the National Register of Historic Places.
The official inventory of the nation's historic properties,
districts, sites, districts, structures, objects and landmarks which
are significant in American history, architecture, archaeology, and
culture, maintained by the secretary of the Interior under the authority
of the Historic Sites Act of 1935 and the National Historic Preservation
Act of 1966 (16 U.S.C. 470 et seq.[1]; 36 CFR Parts 60, 63, as may be amended).
A feature, addition or building, structure, object or site
which does not add to the sense of historical authenticity or evolution
of an historic resource or landmark or where the location, design,
setting, materials, workmanship, history, and/or association of the
feature, addition or building, structure, object or site has been
so altered or deteriorated that the overall integrity of that historic
resource or landmark has been irretrievably lost.
Constructions that are primarily artistic in nature or are
relatively small in scale and simply constructed. Although it may
be moveable by nature or design, an object is associated with a specific
setting or environment. Examples include boundary markers, mileposts,
fountains, monuments, and sculpture. This term may include landscape
features.
Those individuals, partnerships, corporations, or public
agencies holding fee simple title to property, as shown on the records
of the (Property Records Section) of the Village.
The length of time when a property was associated with important
events, activities, or persons, or attained characteristics which
qualify it for landmark status. Period of significance usually begins
with a date when significant activities or events began giving the
property its historic significance; this is often a date of construction.
The act or process of applying measures necessary to sustain
the existing form, integrity, and materials of an historic property.
Work, including preliminary measures to protect and stabilize the
property, generally focuses upon the ongoing maintenance and repair
of historic materials and features rather than extensive replacement
and new construction. New exterior additions are not within the scope
of this treatment; however, the limited and sensitive upgrading of
mechanical, electrical, and plumbing systems and other code-required
work to make properties functional is appropriate within a preservation
project.
Any work to prevent deterioration or damage to the structural
integrity or any exterior feature of a landmark or historic resource
that does not involve a change in design, material or exterior appearance.
Such work includes, but is not limited to, painting, roof repair,
foundation or chimney work, or landscape maintenance.
A grouping of individual properties based on a set of shared
physical or associative characteristics.
The act or process of making possible a compatible use for
a property through repair, alterations, and additions while preserving
those portions or features of the property which convey its historical,
architectural, and cultural values.
Acts of ordinary maintenance that do not include a change
in the design, material, form, or outer appearance of a resource,
such as repainting. This includes methods of stabilizing and preventing
further decay and may incorporate replacement-in-kind or refurbishment
of materials on a building or structure.
The act or process of accurately depicting the form, features,
and character of a property as it appeared at a particular period
of time by means of the removal of features from other periods in
its history and reconstruction of missing features from the restoration
period. The limited and sensitive upgrading of mechanical, electrical,
and plumbing systems and other code-required work to make properties
functional is appropriate within a restoration project.
The act of keeping an element, detail or structure and continuing
the same level of repair to aid in the preservation of elements, sites,
and structures.
An addition which is made without damage to the project's
original condition.
Scenic landmarks encompass structures that are not buildings,
such as bridges, piers, parks, cemeteries, sidewalks, clocks, and
trees.
Principles developed by the National Park Service (36 CFR
68.3, as may be amended) to help protect historic properties by promoting
consistent preservation practices and providing guidance to historic
building owners and building managers, preservation consultants, architects,
contractors, and project reviewers on how to approach the treatment
of historic properties. The secretary of the Interior Standards for
the Treatment of Historic Properties may also be referred to in this
chapter as "secretary of the Interior's Standards."
Having particularly important associations with the contexts
of architecture, history and culture.
The location of a significant event, a prehistoric or historic
occupation or activity, or a building or structure, whether standing,
ruined or vanished, where the location itself maintains historical
or archaeological value regardless of the value of any existing buildings,
structures or other objects. Examples of a site are a battlefield,
designed landscape, trail, or camp site.
The act or process of applying measures designed to reestablish
a weather-resistant enclosure and the structural stability of an unsafe
or deteriorated property while maintaining the essential form as it
exists at present.
Any assemblage of materials forming a construction framed
of component structural parts for occupancy or use, including buildings.
A type of architecture distinguished by special characteristics
of structure or ornament and often related in time; also a general
quality of distinctive character.
Any project or other action involving the expansion, modification,
development or disposition of the physical plant or any site or building.
[1]
Editor's Note: See 54 U.S.C. § 300101 et seq.
If any section, subsection, subdivision, paragraph, clause or
phrase in this chapter, or any part thereof, is for any reason held
to be invalid or unconstitutional, such decision shall not affect
the validity of the remaining sections or portions of this chapter,
or any part thereof. The Village Board of Trustees hereby declares
that it would have passed each section, subsection, subdivision, paragraph,
sentence, clause, or phrase of this chapter, irrespective of the fact
that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses, or phrases may be declared invalid or unconstitutional.
