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:
(1) Integral parts of historic districts that meet the criteria for designation;
or
(2) If they are properties of exceptional importance.
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.
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.
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:
ACQUISITION
The act or process of acquiring fee title or other interest
in real property, including acquisition of development rights or remainder
interest.
ADDITION
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.
ALTERATION
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.
ARCHITECTURAL SIGNIFICANCE
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.
BUILDING
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.
BUILDING INSPECTOR
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.
BUILDING OFFICIAL
The person, or his or her designee, authorized to grant permits
for construction, alteration, and demolition pursuant to the codes
adopted by the Village.
CERTIFICATE OF APPROPRIATENESS
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.
CERTIFICATE OF ECONOMIC HARDSHIP
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.
CHANGE
Any alteration, demolition, removal or construction involving
any property subject to the provisions of this chapter.
CHARACTER
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.
COMMISSION
The Historic Preservation Commission established pursuant to §
150-4 of this chapter.
COMPATIBLE
In harmony with location, context, setting, and historic
character.
CONSTRUCTION
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.
DEMOLISH
Any act or process that removes or destroys in whole or in
part a building, structure, or resource.
DEMOLITION PERMIT
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.
EVALUATION
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.
EXTERIOR ARCHITECTURAL FEATURES
The architectural style, design, general arrangement and
components of all of the outer surfaces of any building or structure.
FEATURE
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.
HISTORIC CONTEXT
A unit created for planning purposes that groups information
about historic properties based on a shared theme, specific time period
and geographical area.
HISTORIC DISTRICT - LOCAL
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.
HISTORIC FABRIC
Original or old building materials (masonry, wood, metals,
marble) or construction.
HISTORIC INTEGRITY
The retention of sufficient aspects of location, design,
setting, workmanship, materials, feeling or association for a property
to convey its historic significance.
HISTORIC LANDMARK
A building, district, site, structure or object significant
in American history, architecture, engineering, archeology or culture
at the national, state, or local level.
HISTORIC PROPERTY
A district, site, building, structure, or object significant
in American history, architecture, engineering, archeology, or culture
at the national, state, or local level.
HISTORIC RESOURCE
Any evaluated building, structure, object, or site that potentially meets the designation criteria outlined in §
150-11.
HISTORIC RESOURCES SURVEY
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.
HISTORIC SIGNIFICANCE
The quality of a place, site, building, district or structure
based upon its identification with historic persons or events in the
Village of Haverstraw.
INTEGRITY
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 LANDMARK
Interior landmarks are noted for the portions of their interior
that are open to the public.
INVENTORY
A list of historic properties determined to meet specified
criteria of significance.
LANDMARK
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.
LANDMARK ALTERATION PERMIT
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.
LISTING
The formal entry or registration of a property.
MAINTAIN
To keep in an existing state of preservation or repair.
MINOR WORK
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.
MOVE
Any relocation of a building or structure on its site or
to another site.
NATIONAL REGISTER CRITERIA
The established criteria for evaluating the eligibility of
properties for inclusion in the National Register of Historic Places.
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.; 36 CFR Parts 60, 63, as may be amended).
NONCONTRIBUTING
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.
OBJECT
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.
OWNER
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.
PERIOD OF SIGNIFICANCE
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.
PRESERVATION
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.
PREVENTATIVE MAINTENANCE
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.
PROPERTY TYPE
A grouping of individual properties based on a set of shared
physical or associative characteristics.
REHABILITATION
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.
REPAIR
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.
RESTORATION
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.
RETAIN
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.
REVERSIBLE
An addition which is made without damage to the project's
original condition.
SCENIC LANDMARK
Scenic landmarks encompass structures that are not buildings,
such as bridges, piers, parks, cemeteries, sidewalks, clocks, and
trees.
SECRETARY OF THE INTERIOR'S STANDARDS FOR THE TREATMENT OF HISTORIC
PROPERTIES
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."
SIGNIFICANT
Having particularly important associations with the contexts
of architecture, history and culture.
SITE
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.
STABILIZATION
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.
STRUCTURE
Any assemblage of materials forming a construction framed
of component structural parts for occupancy or use, including buildings.
STYLE
A type of architecture distinguished by special characteristics
of structure or ornament and often related in time; also a general
quality of distinctive character.
UNDERTAKING
Any project or other action involving the expansion, modification,
development or disposition of the physical plant or any site or building.
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.