[L.L. No. 1-2022]
This chapter shall be known as the "Village of Tuckahoe Historic
Preservation Law."
Pursuant to Article 5, § 96-a; Article 5-G, Article
5-J and Article 5-K, § 119-dd of the General Municipal Law;
Article 14 of the Parks, Recreation and Historic Preservation Law;
and § 10 of the Municipal Home Rule Law, it is hereby declared
as a matter of public policy that the identification, protection,
enhancement, and perpetuation of landmarks and historic districts
are necessary to promote the cultural, economic, and general welfare
of the public.
The purpose of this chapter is to promote the general welfare
by:
(a)
Protecting the buildings, structures, sites, monuments, streetscapes,
and neighborhoods that represent distinctive elements of the Village's
historic, cultural, and architectural heritage;
(b)
Fostering public knowledge of and civic pride in the character of
the Village and in the accomplishments of its past;
(c)
Protecting and enhancing the Village's attractiveness, which supports
and stimulates the local economy;
(d)
Ensuring the harmonious, orderly, and efficient growth and development
of the Village;
(e)
Conserving valuable material and energy resources by ongoing use
and maintenance of the existing built environment.
[L.L. No. 4-2022]
There is hereby established Tuckahoe's Historic Preservation
Commission (the "commission").
(a)
Membership and appointments: The commission shall consist of five
members who are appointed by the mayor and approved by the Board of
Trustees.
(b)
Terms: Commission members shall serve for a term of five years, with
the exception of the initial appointments, which shall be staggered
as follows: one one-year term, one two-year term, and one three-year
term. Vacancies shall be filled by the mayor with approval by the
Board of Trustees in the same manner provided for other appointments.
(1)
Commission
members appointed to serve after the increase of membership from three
to five years will serve an initial term of 1) term to expire one
year after the current longest current term and 2) term to expire
two years after the current longest term, thus making for one vacancy
to be filled per year in perpetuity.
(c)
Qualifications:
(1)
All members shall be residents of the Village of Tuckahoe;
(2)
To the extent possible, members shall have expertise in historic
preservation, history, architecture, real estate, archaeology, arts,
education, law, urban planning and/or related fields;
(3)
All members shall have a demonstrated interest in historic preservation
and/or architecture in the Village of Tuckahoe.
(d)
Chair: The chair of the commission shall be appointed by the mayor
and approved by the Board of Trustees from among the commission members.
(e)
Quorum: A simple majority of the commission members shall constitute
a quorum for the transaction of business. An affirmative majority
vote of the full commission is required to approve any resolution,
motion, or other matter before the commission.
(f)
Meetings. The commission may, as needed, hold regular monthly meetings.
Additional meetings may be held at any time, upon public notice. At
all meetings, official minutes shall be recorded.
(g)
Duties and powers:
(1)
Recommending the designation of local landmarks and historic
districts to the Board of Trustees for approval;
(2)
Applying or imposing in accordance with the standards set forth
in this legislation, with respect to the construction, reconstruction,
alteration, or demolition of such buildings or the performance of
work thereon, regulations, limitations, determinations, or conditions
which are more restrictive than those prescribed or made by or pursuant
to other provisions of law applicable to such activities, work or
use;
(3)
Maintaining an inventory and map of designated local landmarks
and historic districts;
(4)
Conducting investigations and preparing maps, reports, and recommendations
regarding historic preservation policies, regulations, and local law,
as needed;
(5)
Evaluating applications for certificates of appropriateness
for any alterations to the historic character, appearance, or fabric
of local landmarks, or for demolition or removal of local landmarks
(approve, approve with modifications, or deny);
(6)
Evaluating applications for certificates of economic hardship
(approve, approve with modifications, or deny);
(7)
Preparing reports and recommendations in response to referrals
or requests from the Board of Trustees;
(9)
Making recommendations to the Board of Trustees regarding the
adoption of financial incentives for owners of historic buildings,
and for awards recognizing outstanding preservation efforts by property
owners;
(10)
Recommending to the Board of Trustees from time to time that
the Village apply for grants from federal, state, and county agencies,
private groups, and individuals and recommending how these grants,
and budgetary appropriations, might be utilized to promote the preservation
of historic buildings and districts;
(h)
The commission may request the approval of the Board of Trustees
to obtain the services of qualified persons to direct, advise, and
assist the commission and to obtain equipment, supplies, and other
materials necessary to its effective operation.
The commission shall recommend for approval to the Tuckahoe
Board of Trustees the designation of local landmarks or historic districts
within the Village under this Historic Preservation law. The recommendations
shall be made at a public meeting and shall be based on the commission's
comprehensive review of landmarking applications, associated materials,
documentation, and comments from the public and property owners that
are included in the public record. Information pertinent to the commission's
review is made available before, during, and after commission meetings,
which are open to the public and during which the public has the opportunity
to participate.
(b)
Criteria for local landmarks.
(1)
Individual landmark: The commission may recommend for designation
an individual property as a local individual landmark if it:
(a)
Possesses special character or aesthetic value as part of the
cultural, architectural, social, or economic history of the Village;
or
(b)
Is identified with persons or events significant in local, state,
or national history; or
(c)
Is the birthplace or grave of an historical figure of outstanding
importance; or
(d)
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
(e)
Is representative of the work of a designer, architect, or builder;
or
(f)
Represents an established and familiar visual feature of the
community by virtue of its unique location or singular physical characteristic;
or
(g)
Has yielded or may be likely to yield information important
to the study of the prehistory or history of the region, state, or
nation.
(2)
Interior landmark: The commission may recommend for designation
the interior of a property as an interior landmark if such interior
meets any of the criteria listed in Subsection (b) above; and
(3)
Historic districts:
(a)
The commission may recommend for designation a group of properties
as a historic district if a majority of properties therein meet one
or more of the criteria for designation as a local landmark.
(b)
The historic district may have within its boundaries other properties
or structures that, while not of such historic and/or architectural
significance to be designated as local landmarks, nevertheless contribute
to the overall visual characteristics of the landmarks located within
the historic district.
(c)
Districts may be geographic or thematic in nature, or represent
a unique quality particular to the Village of Tuckahoe.
(4)
Scenic landmark: The commission may recommend for designation
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.
(c)
Notice and hearing requirements for proposed designation.
(1)
Public notice. Once the commission has informed the Board of
Trustees of its recommendation regarding the designation of a property
as a local landmark, notice shall be sent by certified mail, return
receipt requested, to the owner of the property proposed for designation,
describing the property and announcing a public hearing set by the
Board of Trustees to consider the designation. Notice shall be published
by the applicant in the official newspaper or other outlet designated
by the Village. At least seven days must elapse between the publication
of the notice and the public hearing.
(2)
Public hearing. The Board of Trustees shall hold a public hearing
prior to rendering a decision on the proposed designation of a local
landmark or historic district.
(3)
Decision. Within 62 days after the close of the public hearing,
the 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. The Board of Trustees may
amend or rescind any designation of a local landmark or historic district
in the same manner and using the same procedures as followed for designation.
(4)
Notice of decision. Within 15 business days of the decision,
notice shall be sent on behalf of the Board of Trustees to the applicants
and owners of a proposed property, or in the case of an approved historic
district to the applicants and owners of all properties within the
approved district, by certified mail, return receipt requested. Failure
to send any notice by mail to any property owners whose address is
not on file with the assessor shall not invalidate any proceedings
in connection with the proposed designation.
(d)
Work moratorium: Once the commission has received an application
for a local landmark designation, no demolition or building permits
shall be issued for the subject property by the building department
as long as the proposed designation is under active consideration
by the commission and/or until the Board of Trustees has made its
decision on designation.
(e)
Recording: The commission shall forward notice of each property designated
as a local landmark and the boundaries of each designated historic
district to the building department and Village clerk for recording.
The Historic Preservation Commission is responsible for the
approval or disapproval of proposed changes to historic properties
designated under this chapter. No person shall carry out any alteration,
restoration, reconstruction, demolition, new construction, or relocation
of a designated local landmark or property within a designated historic
district without first obtaining a certificate of appropriateness
that authorizes such work. Nothing in this Historic Preservation Law
shall preclude the applicable and appropriate review and approval
that may be required by any other Village boards or commissions for
any activities or actions.
(a)
Work permits. The building department shall not issue a building
permit for proposed work to a local landmark until a certificate of
appropriateness has first been approved by the Historic Preservation
Commission. The certificate of appropriateness shall be a prerequisite
to obtaining any building permit that may be required by any other
ordinance or code of the Village. Furthermore, no work authorized
by a certificate of appropriateness shall be commenced until the applicant
obtains all required approval from other Village boards or commissions.
(b)
Applications for certificate of appropriateness. Prior to the commencement
of any work requiring a certificate of appropriateness, the owner
shall file a complete application for such a certificate with the
building department. The application shall contain:
(1)
Name/corporation, mailing address, email address, and telephone
number of applicant;
(2)
Location of the subject property, and identification of all
properties within 500 feet of its property line;
(3)
Photographs of the subject property, and, as requested, photographs
of properties within up to 500 feet of its property line;
(4)
Drawings or renderings of proposed changes, such as but not
limited to elevation, perspective, or scale drawings, if available;
(5)
Samples of building materials to be used, including their proposed
color;
(6)
Where the proposal includes signs or lettering, a scale drawing
showing the type of lettering to be used, all dimensions and colors,
a description of materials to be used, method of illumination, and
a plan showing the sign's location on the property; and
(7)
Any other information which the commission may deem necessary
in order to understand and visualize the proposed work.
(c)
Criteria for issuing a certificate of appropriateness. The commission
shall approve 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 local landmark or historic district. The commission's decision
to approve, approve with modifications, or deny an application for
a certificate of appropriateness will be guided by the standards below,
which are derived from the Secretary of the Interior's Standards for
Rehabilitation:
|
•
|
A property shall be used for its historic purpose or be placed
in a new use that requires minimal change to the defining characteristics
of the building and its site and environment.
|
|
•
|
The historic character of a property shall be retained and preserved.
The removal of historic materials or alteration of features and spaces
that characterize a property shall be avoided.
|
|
•
|
Each property shall be recognized as a physical record of its
time, place, and use. Changes that create a false sense of historical
development, such as adding conjectural features or architectural
elements from other buildings, shall not be undertaken.
|
|
•
|
Most properties change over time; those changes that have acquired
historic significance in their own right shall be retained and preserved.
|
|
•
|
Distinctive features, finishes, and construction techniques
or examples of craftsmanship that characterize a historic property
shall be preserved.
|
|
•
|
Deteriorated historic features shall be repaired rather than
replaced. Where the severity of deterioration requires replacement
of a distinctive feature, the new feature shall match the old in design,
color, texture, and other visual qualities and, where possible, materials.
Replacement of missing features shall be substantiated by documentary,
physical, or pictorial evidence.
|
|
•
|
Chemical or physical treatments, such as sandblasting, that
cause damage to the historic materials shall not be used. The surface
cleaning of structures, if appropriate, shall be undertaken using
the gentlest means possible.
|
|
•
|
Significant archeological resources affected by a project shall
be protected and preserved. If such resources must be disturbed, mitigation
measures shall be undertaken.
|
|
•
|
New additions, exterior alterations, or related new construction
shall not destroy historic materials that characterize the property.
The new work shall be differentiated from the old and shall be compatible
with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
|
|
•
|
New additions and adjacent or related new construction shall
be undertaken in such a manner that if removed in the future, the
essential form and integrity of the historic property and its environment
would be unimpaired.
|
(1)
Alteration or new construction. The commission's determination
shall be based on:
(a)
Retention and minimal alteration of historic features; and
(b)
Compatibility. Any alteration of existing properties or new
construction shall be compatible with the historic character of the
structure and/or the surrounding district. In applying the principle
of compatibility, the following criteria shall be employed:
(i)
The general design, character, and appropriateness to the property
of the proposed alteration or new construction in regards to form,
proportion, structure, plan, style, or material, or the combination
of different kinds of materials;
(ii)
The importance of historic, architectural, or
other features to the significance of the property;
(iii)
Height in relation to the setting;
(iv)
The scale of the proposed alteration or new construction
in relation to the property itself, surrounding properties, and the
neighborhood;
(v)
Texture, materials, and colors, and their relation to similar
features of the property and other properties in the neighborhood;
(vi)
The position of the building or structure in relation
to similar features of other properties in the neighborhood or district,
including setback;
(vii)
The relationship of the width of a building to
the height of the front elevation;
(viii)
Fenestration pattern and porches;
(ix)
Rhythm of spacing of buildings on streets: the
relationship of a building to the open space between it and surrounding
buildings;
(x)
Roof shape; and
(xi)
Walls of enclosure. Continuity of appurtenance
of a building or site, such as walls, wrought iron fences, evergreen
landscape masses, and building facades.
(2)
Historic districts. 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:
(a)
Historic features that contribute to the character of the historic
district shall be retained, or 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;
(3)
Demolition, removal, or relocation. A certificate of appropriateness
for demolition, removal, or relocation of a local landmark shall only
be approved if the commission determines that the applicant has established
a hardship or if written reports, from the building department and/or
other licensed engineers or architects with experience in rehabilitation
or reuse of historic structures, have determined that the landmark
presents an imminent and unavoidable threat to the public health,
safety, and welfare.
(d)
Archaeological resources. 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.
(e)
Decision-making requirements.
(1)
Public notice. Upon application for a certificate of appropriateness,
a public notice of the proposal shall be posted by the owner or owner's
representative on the property readable from a public street for a
minimum of 15 days prior to the public hearing. 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.
(2)
Public hearing. The commission shall hold a public hearing prior
to rendering a decision on any application for a certificate of appropriateness.
(3)
Decision. The commission shall render a decision on the proposed
certificate of appropriateness within 62 days from the close of the
public hearing. All determinations of the commission shall be in writing
and shall state the reasons for approving, denying, or modifying any
application.
(4)
Notice of decision. The decision shall be filed within seven
business days with the Village clerk and mailed to the applicant.
(f)
Term. Certificates of appropriateness shall be valid for 18 months
after the issuance of the certificate. A one-time extension of a certificate
of appropriateness may be granted by the building department for an
additional period of up to an additional 18 months, provided the parameters
of the project have not changed from those approved in the original
certificate of appropriateness and the previous approval has not lapsed.
(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
local landmark or property within a historic district that does not
involve a change in design, building materials, color or outward appearance.
(b)
No owner or person with an interest in a local landmark or property
included within a historic district shall permit the property to fall
into a serious state of disrepair so as to result in the deterioration
of any exterior architectural feature which would produce a detrimental
effect upon the property or the character of an historic district
as a whole. Examples of such deterioration include:
(1)
All interior portions thereof which, if not so maintained, may
cause or tend to cause the exterior portions to deteriorate, decay,
or become damaged or otherwise to fall into a serious state of disrepair;
(2)
Deteriorated or inadequate foundation;
(3)
Defective or deteriorated flooring or floor supports;
(4)
Deterioration of walls or other vertical supports;
(5)
Deterioration of roofs or other horizontal members;
(6)
Deterioration of chimneys;
(7)
Deterioration or crumbling of exterior stucco, mortar, plaster,
or facades.
(8)
Ineffective or inadequate waterproofing of exterior walls, roofs,
or chimneys, including windows or doors;
(9)
Any fault or defect in the building or structure which compromises
the life and character of the building or structure;
(10)
Deterioration of any feature so as to create a hazardous condition,
which could lead to the claim that demolition is necessary for the
public safety.
(c)
Interiors. Every owner or person in charge of an improvement to an
interior landmark shall keep in good repair:
(d)
Every owner or person in charge of a scenic landmark shall keep in
good repair all portions thereof.
(e)
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.
(a)
An applicant whose certificate of appropriateness for a proposed
demolition, removal, relocation, or alteration of a landmark, resource,
or property has been denied may apply for relief on the grounds of
economic hardship. In order to prove the existence of economic hardship,
the applicant shall document each of the following:
(1)
The landmark is in a serious state of disrepair, which is not
due to the waste or neglect of the property owner;
(2)
The alleged hardship is not self-created (a hardship is self-created
when the applicant acquires the property subject to the restrictions
from which the applicant seeks relief), which factor alone shall not
preclude the approval of a certificate of appropriateness;
(3)
The local landmark, and the lot upon which it was situated at
the time of designation, is incapable of earning a reasonable return
as demonstrated by competent financial evidence;
(4)
The landmark cannot be adapted for any other use, whether by
the current owner or by a purchaser, that could earn a reasonable
return;
(5)
The alleged hardship is unique and does not apply to other landmarks;
(6)
That demonstrated efforts to find a purchaser interested in
acquiring the property have failed, including:
(a)
Any listing of property for sale or rent, price asked, and offers
received within the previous two years; and
(b)
Testimony and relevant documents regarding: any real estate
broker or firm engaged to sell or lease the property, reasonableness
of price or rent sought by the applicant, or any advertisements placed
for the sale or rent of the property;
(7)
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;
(8)
Demonstrated attempts to apply for or be qualified for economic
incentives and/or funding available to the applicant through federal,
state, city, or private programs.
All work performed pursuant to any certificate of appropriateness
issued under this chapter shall conform to the requirements included
therein. It shall be the duty of the building inspector to periodically
inspect any such work to assure compliance. In the event work is not
being performed in accordance with the certificate of appropriateness
or upon notification of that fact by the Historic Preservation Commission,
the building inspector shall take appropriate action.
(a)
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 in accordance with a plan
approved by the commission. This civil remedy shall be in addition
to and not in lieu of any criminal prosecution and penalty.
(b)
Failure to comply with any of the provisions of this legislation
shall be deemed a violation and if convicted thereof may be liable
for a fine of $250 per day.
Any person aggrieved by a decision of the commission may, within
15 days of the decision, file a written appeal to the Board of Trustees
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.
