[HISTORY: Adopted by the Town Board of the Town of Pleasant Valley 6-12-2002
by L.L. No. 4-2002. Amendments noted where applicable.]
There exist within the Town structures which, by reason of their antiquity
or uniqueness of architectural construction or design, are of particular historic
significance to the heritage of the Town. The regulations set forth in this
chapter are intended to effect and accomplish the protection, enhancement
and perpetuation of the external features of these structures.
The Town Board shall compile a list of properties which contain one or more historic structures, which list may be amended from time to time at the discretion of the Town Board. Such structures are eligible for inclusion on an official Historic Register of the Town upon election by the owner. Any structure included on this Historic Register shall be entitled to a waiver of fees as per § 56-10 of this chapter and shall be subject to the restrictions imposed by this chapter.
A.
The Town Board shall consider the following criteria
when determining whether to include a structure on the list of structures
eligible for inclusion on the Historic Register:
B.
Following adoption of such a list, the Town Board shall
give written notice, to the owner of each structure included on the list,
that the structure is eligible for inclusion on the Historic Register. Such
notice shall be given by regular mail sent to the address of the property
on which the structure is located.
C.
If the owner of any such structure elects to include this structure on the Historic Register, the owner shall sign and file with the Town Clerk an election form which shall be provided by the Town with the notice described above. All owners of record shall sign the election form in order for it to be effective. The owner of the property may request that other historic structures or landmarks on the site be included on the list, and, if the Town Board concurs, it may amend the list of properties set forth in § 56-2 above.
D.
In addition to the above, an owner of a structure included
on said list may at any time obtain an election form from the Town and then
sign and file it with the Town Clerk for inclusion of the structure on the
Historic Register.
E.
Once an owner has elected to include his/her structure
on the Historic Register, this election is permanent and cannot be revoked
without approval of the Town Board.
F.
The Town Board may, from time to time, update and amend
the list of structures eligible for inclusion on the Historic Register.
G.
After an owner has elected to include his/her structure
on the Historic Register, the Town Board shall provide to the owner a Historic
Register plaque to be placed on each historic structure on such property.
Unless specifically defined below, words or phrases in this chapter
shall have their common meaning so as to give this chapter its most reasonable
application.
Any act or process that changes one or more of the exterior architectural,
structural or cosmetic features of a structure.
A certificate issued by the Planning Board indicating its approval
of plans for alteration, construction (as defined herein) or demolition of
a structure listed on the Town's Historic Register.
A certificate, issued by the Zoning Board of Appeals, authorizing
an alteration, construction or demolition, even though a certificate of appropriateness
has been previously denied.
The act of making an addition to an existing structure listed on
the Town's Historic Register.
Any act or process that destroys in part or in whole a structure
listed on the Town's Historic Register.
Any change that is not construction or alteration.
No person shall carry out any exterior alteration of a structure or
any construction (as defined herein) or demolition of a structure listed on
the Town's Historic Register without first obtaining a certificate of
appropriateness from the Planning Board or a certificate of economic hardship
from the Zoning Board of Appeals. Nothing in this chapter shall be construed
to prevent the ordinary maintenance and repair of any exterior architectural
feature of a structure listed on the Town's Historic Register. Painting
and staining are to be considered ordinary maintenance.
A.
An owner shall submit an application to the Planning
Board on a form provided by the Board. The Board may hold a public hearing
on the application. It is the intent of the Town that such applications shall
be classified as Type II actions under the State Environmental Quality Review
Act. After the Planning Board has accepted the application as complete, the
Planning Board shall approve or deny the application, or approve it with modifications,
within 45 days.
B.
In reviewing this application, the Planning Board shall
give consideration to:
(1)
The general design, character and appropriateness of
the proposed alteration, construction or demolition.
(2)
The historic or architectural value or significance of
the structure to the rest of the structure.
(3)
The relationship of the exterior architectural features
of such structure to the rest of the structure.
(4)
The general compatibility of exterior design, arrangement,
texture and materials proposed, in relation to the existing structure and
the surrounding area.
(5)
The scale of the proposed alteration or construction
in relation to the structure itself, surrounding properties and the neighborhood.
(6)
The restoration of the structure more closely to its
original design by considering allowing the removal of additions made over
the years which have no architectural or historical significance and conflict
with the original structure.
C.
All decisions of the Planning Board shall be in writing.
A copy shall be sent to the applicant, and a copy shall be filed with the
Town Clerk. The Planning Board's decision shall state the reasons for
denying or modifying any application. If the Planning Board approves the application,
the Board shall issue a certificate of appropriateness.
A.
An applicant whose application for a certificate of appropriateness
has been denied may apply for relief to the Zoning Board of Appeals on the
grounds of economic hardship. In order to prove the existence of economic
hardship the applicant must establish that the cost of the alternative acceptable
to the Planning Board is prohibitive as compared to the cost of the alternative
proposed by the applicant. Economic hardship shall not be determined on the
basis of the personal finances of the applicant.
B.
All decisions of the Zoning Board of Appeals shall be
in writing. A copy shall be sent to the applicant, and a copy shall be filed
with the Town Clerk. The Board's decision shall state the reasons for
approving or denying the application. If the Zoning Board of Appeals approves
the application, the Board shall issue a certificate of economic hardship.
The certificate of appropriateness or certificate of economic hardship
required by this chapter shall be in addition to, and not in lieu of, any
building permit and/or any other permits and approvals required by any local,
state and federal agencies.
See Chapter 98, Zoning, for penalties.
The Town shall not charge any fees to the applicant for the submission
and review of an application for a certificate of appropriateness and/or a
certificate of economic hardship. The Town shall waive all fees for any building
permit and/or demolition permit required for the alteration, construction
or demolition which is the subject of a certificate of appropriateness or
a certificate of economic hardship.
