[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.]
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:
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.
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.
