[HISTORY: Adopted by the Board of Trustees
of the Village of Cobleskill 9-20-2004 by LL. No. 6-2004. Amendments noted where applicable.]
A.
It is hereby declared as a matter of public policy
that the protection, enhancement and perpetuation of landmarks and
historic districts are necessary to promote the economic, cultural,
educational, and general welfare of the public. Inasmuch as the identity
of a people is founded on its past and inasmuch as the Village of
Cobleskill has many significant historic, architectural and cultural
resources, which constitute its heritage, this chapter has the following
purposes:
(1)
Protect and enhance the landmarks and historic districts,
which represent distinctive elements of the Village of Cobleskill's
historic, architectural, and cultural heritage;
(2)
Foster civic pride in the accomplishments of the past;
(3)
Protect and enhance the Village of Cobleskill's attractiveness
to visitors and tourists and the support and stimulus to the economy
thereby provided, and
(4)
Ensure the harmonious, orderly, and efficient growth
and development of the Village and stabilize and improve property
values;
(5)
Protect the general public welfare;
(6)
Preserve and improve the quality of life for residents
of the Village of Cobleskill by protecting familiar and treasured
visual elements in the area.
B.
In addition to the regulations set forth in this Historic
District ordinance, the underlying zoning regulations of the zoning
district within which the historic district is situated, shall continue
to remain applicable, provided that if any conflict occurs, the more
restrictive provisions shall apply.
As used in this chapter, the following terms
shall have the meanings indicated:
Any change, modification or addition to part of or all of
an exterior of any building or structure, excluding ordinary maintenance
and repairs.
A wholly or partially enclosed construction within exterior
walls, or within exterior and party walls, and a roof, that may afford
shelter to persons, animals, or property. See "structure."
The relationship between the mass of a building and its surroundings,
including the width of street, open space and mass of surrounding
buildings.
A certificate issued by the Village of Cobleskill Historic
District Review Commission upon approval of the exterior architectural
features of any new building construction or alterations to an existing
building located within the Village's historic district.
Dismantling or tearing down of any or a part of any building
or structure and all operations, including grading, incidental thereto.
The architectural style, architectural details and features,
general design and general arrangement of the exterior of a building,
including the kind and texture of building material and the type and
style of doors and windows, light fixtures, signs and other appurtenant
fixtures.
Building face or wall or artificial outward appearance.
An unroofed enclosing structure erected for the purpose of
preventing passage or view.
The vertical distance measured from the average finished
grade at all foundation corners of the building or structure to the
highest point of the building or structure, excluding the chimney.
Any site, building, sign, or structure that has visual, historic,
or cultural significance.
Any construction within an historic district which is independent
of an existing structure.
Any work that does not require a building permit, whose purpose
is to correct any deterioration or decay of, or damage to a structure
or any part thereof and does not alter the exterior architectural
features of a building designated as a landmark or other building
within an historic district. Ordinary maintenance and repairs include
painting, patching or sealing of roofs, replacing broken glass in
or replacing of windows, replacing individual clapboards or floor
boards, individual slates or shingles with material of like design.
Ordinary maintenance and repairs does not include the cutting away
of any wall, partition or part there of, the removal or cutting of
any structural beam or bearing support or replacing entire sections
of walls or floors.
A district imposed over existing zoning districts and containing
provisions that are applicable in addition to those otherwise contained
in a zoning law.
Any and all work connected with the returning of all or part
of a building or structure to a state of utility through repair or
reconstruction.
The act or process of depicting, by means of new construction,
the form, features, and detailing of a nonsurviving site, building
or portion of a building, structure or portion of a structure, for
the purpose of replicating its appearance at a specific period of
time and in its historic location.
Any and all work connected with the returning to or restoring
of all or part of a building or structure to its original condition
through the use of original or nearly original materials.
Any object, device, display, or structure, or part thereof, situated indoors or outdoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. Excluded from this definition are signs that are solely devoted to prohibiting trespassing, hunting or fishing. Signs erected in the district must meet the requirements of Chapter 160, Zoning.
Features as graphically defined in the inventory of buildings
and structures in the historic overlay district, illustrated design
guidelines as they may exist, and other materials as approved by the
Historic District Review Commission,
One of the following:
An existing Village, county or state highway
or street.
A street shown on an approved subdivision final
plan.
A street shown on a map filed with the County
Clerk (in accordance with Village Law § 7-708) prior to
Planning Board authorization to review subdivisions.
A street shown on the Official Map of the Village.[1]
Any combination of materials forming buildings,
landmarks and/or exterior elements which affect the appearance and/or
cohesiveness of the historic district, except where entirely underground
so as to permit the use of the ground above the same as if no building,
structure, or landmark were present; the term "structure" shall include
the term "building" as well as the following:
Signs.
Fences.
Walls, other than retaining walls projecting
above the ground not more than three feet at the higher ground level
and not more than 6 1/2 feet at the lower ground level.
Radio and television receiving and transmitting
towers and antennas, except for such antennas installed on the roof
of a building and extending not more than 20 feet above the highest
level of the roof of such building.
Porches, steps, outdoor bins and other similar
structures.
Sheds.
Light fixtures.
Roofs.
Siding.
Windows.
See "building."
[1]
Editor's Note: The Official Map is on file
in the Village offices.
For the general purpose of this chapter and
specifically to preserve historic places in the Village and the regulation
of architectural design and uses of structures in the area, it is
hereby created a commission to be known as the "Village of Cobleskill
Historic Review Commission" (the "Commission").
A.
The Commission shall consist of five members, all
having an interest in historic preservation and architectural development
in the Village of Cobleskill, to be appointed, to the extent practicable,
by the Village Board as follows:
(1)
An architect experienced in working with historic
buildings or if such person is not available, one person with demonstrated
expertise in the building/construction trades or industry;
(2)
An historian, and if such person is not available,
an individual who has demonstrated an interest in history;
(3)
A resident of an historic district;
(4)
An individual who has demonstrated significant interest
in the commitment to the field of historic preservation, evidenced
either by involvement in a local historic preservation group, employment
or volunteer activity in the field of historic preservation, or other
serious interest in the field.
B.
Commission members shall serve for terms of five years.
Successors shall be appointed for terms that ensure commission membership
expires on a rotational basis.
[Amended 1-16-2007 by L.L. No. 1-2007]
C.
The Chairman and Vice Chairman of the Commission shall
be elected by and from among the members of the Commission.
D.
The powers of the Commission shall include:
(1)
Recommending to the Village of Cobleskill Board of
Trustees the employment of staff and professional consultants as necessary
to carry out the duties of the Commission.
(2)
Promulgating rules and regulations as necessary to
carry out the duties of the Commission.
(3)
Adopting criteria for the identification of significant
historic, architectural, and cultural landmarks and for the delineation
of historic districts.
(4)
Conducting surveys of significant historic, architectural,
and cultural landmarks and historic districts within the Village of
Cobleskill.
(5)
Designating identified structures or resources as
landmarks and historic districts and recommendation of them to the
Board of Trustees for approval.
(6)
Accepting, in the Commission's discretion, the donation
of facade easements and development rights and determining the acquisition
of facade easements or other interests in real property as necessary
to carry out the purposes of this chapter.
(7)
Increasing public awareness of the value of historic,
cultural and architectural preservation by developing and participating
in public education programs.
(8)
Determining the utilization of state, federal or private
funds to promote the preservation of landmarks and historic districts
within the Village of Cobleskill.
(9)
Recommending the acquisition of a landmark structure
by the Village of Cobleskill Board of Trustees where its preservation
is essential to the purposes of this chapter and where private preservation
is not feasible.
(10)
Approving or disapproving applications for a certificate
of appropriateness pursuant to this chapter.
(11)
Seeking out funds to forward the purpose of this chapter
and determining how to expend those funds.
(12)
Reviewing all proposed National Register nominations
for the purpose of providing local comment to the state or federal
review boards.
(13)
Authorizing plaques to commemorate historic resources.
(14)
Amending or rescinding designations.
E.
The Commission shall meet at least monthly, but meetings
may be held any time on the written request of any two of the Commission
members or on the call of the Chairman or the Mayor.
F.
A quorum for the transaction of business shall consist
of three of the Commission's members and not less than a majority
of the full authorized membership may grant or deny a certificate
of appropriateness.
G.
If a vacancy occurs or for some other reason a new
appointment is necessary, appointment shall be made by the Village
of Cobleskill Board of Trustees for the unexpired term.
I.
Any member of the Commission shall be disqualified
to act upon a matter before said Commission with respect to a property
in which that member has an interest.
A.
The Commission may designate an individual building,
either inside or outside the historic district, as a landmark if it:
(1)
Embodies the distinguishing characteristics of an
architectural style; or
(2)
Is the work of a designer whose work has significantly
influenced an age; or
(3)
Represents an established and familiar visual feature
of the neighborhood because of a unique location or singular physical
characteristic; or
(4)
Possesses special character or historic or aesthetic
interest or value as part of the cultural, political, economic or
social history of the locality, region, state or nation, or fosters
civil pride; or
(5)
Is identified with historic personages;
(6)
Is contiguous with a neighborhood district, building
or structure that meets one or all of the criteria and changes to
it could impact the neighborhood district, building, structure or
site that meets the criteria;
(7)
Is related to a park, street, body of water, hill,
open space or landscaped grounds of significance.
C.
The foregoing designations shall be subject to the
approval of the Board of Trustees.
D.
The boundaries of each historic district designated
henceforth shall be specified in detail and shall be filed, in writing,
in the Village of Cobleskill Clerk's office for public inspection.
E.
Notice of a proposed designation shall be sent by
registered mail to the owner of the building or landmark proposed
for designation, describing the building or landmark and announcing
a public hearing by the Commission to consider the designation. Notice
shall be published at least once in a newspaper of general circulation
at least five days prior to the date of the public hearing. Once the
Commission has issued notice of a proposed designation, the Code Enforcement
Officer or duly authorized person shall issue no building permits
within the proposed designation until the Commission has made its
decision.
F.
The Commission shall hold a public hearing prior to
designation of any landmark or historic district. The Commission,
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
landmark or historic district. The records may also contain staff
reports, public comments, or other evidence offered outside of the
hearing.
G.
The Commission shall forward notice of each building
designated as a landmark and the boundaries of each designated historic
district to the office of the Schoharie County Clerk.
H.
The Commission shall forward its formal approval of
each building designation to the Board of Trustees for formal adoption
and notification to the Schoharie County Clerk.
A.
Inventory of structures.
(1)
Prior to designation of a landmark or historic district, the Commission shall compile an inventory of all buildings and structures in an historic district. Such inventory shall designate each building or landmark as contributing or noncontributing in accordance with the process described in Subsection A(2) and the standards set forth in Subsection B and shall indicate in a general way the reasons for such designation. Additionally, the inventory shall identify the architecturally significant features of each contributing building or landmark. Buildings previously designated as significant shall be reclassified as contributing.
(2)
One copy of such inventory shall be filed with the
Code Enforcement Officer and shall be available for public inspection.
The Commission shall hold a public hearing prior to designation of
any building or landmark. Notice of a proposed designation shall be
published at least once in a newspaper of general circulation at least
five days prior to the date of the public hearing. Once the Commission
has issued notice of a proposed designation, the Code Enforcement
Officer shall issue no building permits within the proposed designation
until the Commission has made its decision. The Commission, owners
and any interested parties may present testimony or documentary evidence
at the hearing which will become part of the record regarding the
historic, architectural, or cultural importance of the proposed building,
landmark or historic district. The record may also contain staff reports,
public comments, or other evidence offered outside of the hearing.
The Commission shall issue its determination of contributing or noncontributing
within 30 days after the hearing.
B.
Standards.
(1)
In reviewing the designation of a building or landmark,
the Commission shall consider the following in making its determination:
(a)
Embodies the distinguishing characteristics
of an architectural style; or
(b)
Is the work of a designer whose work has significantly
influenced an age;
(c)
Represents an established and familiar visual
feature of the neighborhood because of a unique location or singular
physical characteristic; or
(d)
Possesses special character or historic or aesthetic
interest or value as part of the cultural, political, economic or
social history of the locality, region, state or nation; or
(e)
Is identified with historic personages.
(2)
When a building or landmark is designated as contributing,
the Commission shall indicate the reasons for such designation, including
reference to the following considerations:
(a)
Architectural design, arrangement features,
style, details, texture, materials or craftsmanship of significance;
(b)
Aesthetic value of the building or landmark
taken as a whole and its general relationship to the historic and
architectural value of surrounding properties and to the historic
overlay district as a whole;
(c)
Historic persons, events, development or period
with which the building or landmark may have been involved or be important;
(d)
Such other factors identified by the Commission
as pertinent to the question of contribution, either in a specific
case or by general rule.
No person shall carry out any exterior alteration,
restoration, reconstruction, demolition, new construction, or moving
of a landmark or building within an historic district, nor shall any
person make any material change in the appearance of such landmark
or building, its light fixtures, signs, fences, steps, roofs, siding,
windows, sheds, above ground utility structure, or any/all other exterior
elements which affect the appearance of a landmark or a building or
structure within an historic district, without first obtaining a certificate
of appropriateness from the Commission.
A.
In reviewing an application for a certificate of appropriateness,
the Commission shall consider changes to the structure's exterior
features that are visible to the public. The Commission's decision
shall be based on the following principles:
(1)
Properties which contribute to the character of the
historic district shall be retained, with their historic features
altered as little as possible;
(2)
Alterations, repairs and additions to buildings, structures
or landmarks deemed contributing shall be made consistent or compatible
with the architectural period characteristics of the buildings, structures
or landmarks;
(3)
New construction shall he compatible with the architectural
styles of surrounding properties (e.g. Victorian, Greek Revival, Italianate,
etc.) and the historic district;
(4)
New additions and adjacent and related new construction
shall be undertaken in such a manner that, if removed in the future,
the essential form and integrity of the historic building and its
environment would be unimpaired;
(5)
Infill construction, additions and reconstruction
shall not exceed the height of the adjoining buildings and their facades.
B.
In applying the principle of compatibility, the Commission
shall consider the following factors:
(1)
The general design, character and appropriateness
to the building or landmark of the proposed alteration or new construction;
(2)
The scale of proposed alteration or new construction
in relation to the building or landmark itself, surrounding properties
and the historic district;
(3)
Texture and materials and their relation to similar
features of other properties in the historic district;
(4)
Visual compatibility with surrounding properties,
including proportion of the building or landmark's front facade, proportion
and arrangement of windows and other openings within the front facade,
roof shape, and the rhythm of spacing of properties on streets, including
setback; and
(5)
The importance of historic, architectural or other
features to the significance of the building or landmark.
C.
Demolition of contributing structures constitutes an irreplaceable loss to the quality, character, ambiance and atmosphere within the historic district. Accordingly, demolition of properties designated as contributing is prohibited except for New York State Code violations or as provided for in §§ 90-9 and 90-11 of this chapter. The Historic District Review Commission may consider unusual and compelling circumstances in order to approve a certificate of appropriateness for the demolition of contributing structures. In passing upon an application for a certificate of appropriateness to demolish existing contributing properties, the Commission shall consider materials required in §§ 90-8A(3) and 90-9 and 90-11. The Historic District Review Commission, using criteria set forth in this section, shall determine whether unusual or compelling circumstances exist and shall be guided in its recommendation in such instances by the following additional considerations:
D.
In passing upon an application for a certificate of appropriateness to demolish existing noncontributing properties, the Commission shall consider materials required in § 90-8A(4) and the following:
(1)
New construction or reconstruction after demolition
of non-contributing properties within the historic district shall
be compatible with:
(b)
The architectural style and continuity of the
historic district. New structures shall not exceed the height of the
adjacent buildings or their facades. In all cases, the height of the
facade shall be consistent with either the original facade height
or the height of the adjoining structures, whichever is higher.
A.
Prior to the commencement of any work requiring a
certificate of appropriateness, and before any building permits will
be given, the owner and/or applicant shall file a written application
for such a certificate with the Commission. A complete application
form as prescribed by the Historic District Review Commission shall
include the name, address and telephone number of applicant, and of
the owner if the applicant is acting for the owner, the project location;
and the following:
(1)
For projects other than new construction or demolition:
(a)
Color photographs, at least 3 1/2 inches
by five inches in size, of the building facade clearly detailing all
portions of the building or landmark subject to change as a result
of approval of the application.
(b)
Building elevations drawn to scale showing proposed
changes on the facade elevations.
(c)
A description of existing conditions and proposed
changes, including a sketch plan, site plan or subdivision drawing,
to scale, showing property lines, building footprints and the relationship
of surrounding buildings or structures.
(d)
Samples and/or specifications for materials
to be used in construction. Specifications may appear on the building
facade drawing or on a separate sheet.
(e)
Where the proposal includes signs subject to
approval by the authority having jurisdiction, a scale drawing showing
the sign or lettering, including 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.
(f)
Copies of all SEQRA documents and proceedings.
(g)
Any other information that the Commission may
deem necessary in order to visualize the proposed work.
(2)
For applications for new construction:
(a)
Color photographs, at least 3 1/2 inches
by five inches in size, of the building or landmark, showing where
the work will occur.
(b)
One set of scaled drawings of the proposed new
construction that includes the site plan illustrating the location
of all new construction in relationship to other site elements, property
lines and structures on abutting properties, and a roof plan and exterior
elevations showing the design concept for all elevations and the roof.
(c)
One set of perspective drawings illustrating
the details of the exterior plans for the proposed construction. The
Commission may also, if deemed necessary, request material and samples
to be used in the proposed project.
(d)
Copies of all SEQRA documents and proceedings.
(e)
Any other information that the Commission may
deem necessary in order to visualize the proposed work.
(3)
For applications to demolish existing contributing
structures:
(a)
Color photographs at least 3 1/2 inches
by five inches in size, of the building facade, clearly detailing
all portions of the building or landmark subject to change as a result
of approval of the application.
(b)
A written description of the structural condition
of the building and its adaptability for rehabilitation by a professional
structural engineer licensed in New York. All dangerous conditions
should be identified. Include a copy of any outstanding building code
violations cited on the property.
(c)
An itemized breakdown of the feasibility of
all possible alternatives to demolition that were considered, and
reasons why such alternatives were rejected. Alternatives may include
rehabilitation, adaptive reuse, relocation, or sale of the property
to another owner willing to preserve it. Include financial data comparing
the costs of all alternatives.
(d)
Scale drawings showing the location of the structure
proposed to be demolished in relationship to other structures on the
parcel and to the property lines.
(e)
Sketch plans and elevations showing all sides
of any proposed new structure that will be visible from a public street
or sidewalk, including but not limited to copies of site plan or subdivision
plan.
(4)
For applications for demolition of existing noncontributing
structures:
(a)
Location and color photographs at least 3 1/2
inches by five inches in size, of the building facade, clearly detailing
all portions of the building or landmark subject to change as a result
of approval of the application.
(b)
Sketch plans and elevations showing all sides
of any proposed new structure that will be visible from a public street
or sidewalk.
(c)
Scale drawings showing the location of the structure
proposed to be demolished in relationship to other structures on the
parcel and to the property lines.
(d)
Any such additional information, drawings or
photographs as the Commission may require.
B.
Preliminary concept conference.
(1)
A preliminary concept conference may be held between
the Commission and the applicant and/or owner at the Commission's
discretion, at the next regularly scheduled meeting of the Commission,
at least nine calendar days after receiving a completed application
and conditional upon the completed application having been received
by the Commission at least five calendar days prior to the next regularly
scheduled meeting of the Commission. At the preliminary concept conference,
the Commission shall:
(a)
Discuss and review the basic concept for proposed
activity coming under the provisions of this chapter.
(b)
Generally determine the scope and impact of
the proposed activity on the historic district and the intent of this
chapter.
(c)
Specify information required of the applicant
to complete the formal application for a certificate of appropriateness.
(d)
Confirm the designation of the subject buildings
or structures as contributing or noncontributing according to the
inventory.
(2)
The Commission, in its discretion, shall work with
the applicant to refine and develop the proposal so it is in harmony
with the intent and requirements of this chapter, and any regulations
promulgated thereto, and complies, to the greatest extent possible,
with the Secretary of Interior's Guidelines for Rehabilitation.
(3)
The Commission may recess the preliminary concept
conference to allow the applicant time to gather additional information
or to revise a proposal. In such cases, reconvening of said conference
shall be considered a continuation of the same preliminary concept
conference and shall toll the time periods for actions of the Review
Commission, until the completion of the preliminary concept conference.
(4)
The Commission may deem an application a complete
formal application at the conclusion of a preliminary concept conference.
C.
No building permit shall be issued for such proposed
work until the Commission has first issued a certificate of appropriateness.
The certificate of appropriateness required by this chapter shall
be in addition to and not in lieu of any building permit or any other
approval that may be required by any other ordinance, rule or regulation
of the Village of Cobleskill.
D.
Public hearings. After or in lieu of a preliminary
concept conference, the Historic District Review Commission may hold
a hearing on an application at which time an opportunity will be provided
for comments on the application. For the purpose of public information,
the Commission shall publish a notice in the official newspaper, at
least five days prior to hearing, detailing that an application has
been received and stating the nature of the application, location,
applicant, and other such information as may be pertinent. In addition,
the Commission shall post a sign detailing pertinent information and
locate it on the parcel and in a manner which is visible from the
street.
E.
The HDRC shall have the authority to impose reasonable
conditions to its approval to fulfill the purposes of this chapter.
F.
The Historic District Review Commission shall approve,
approve with modifications or deny the certificate of appropriateness
within the time frames as follows. The Commission shall, approve,
deny, or approve the application for a certificate with modifications
within 36 calendar days from the close of the public hearing, if any,
and otherwise within 36 calendar days from the conclusion of the preliminary
conference or, if no preliminary conference is held, within 30 days
of receipt of the completed application.
G.
All decisions of the Commission shall be in writing.
A copy shall be sent to the applicant by registered mail and a copy
filed with the Village Planning, Environment and Codes Office for
public inspection. The Commission's decision shall state the reasons
for denying or modifying any application.
H.
Certificates of appropriateness shall be valid for one year. If the
approved work has not yet been completed within one year after Commission
approval, the applicant may request a six-month extension, provided
that such request is made within 30 days of the expiration of the
initial one-year period. After one six-month extension, the applicant
must make a new application to the Commission before undertaking work
on the project.
[Amended 9-16-2014 by L.L. No. 3-2014]
A.
An applicant who has been denied a certificate of
appropriateness for a proposed demolition may apply for relief on
the ground of hardship.
(1)
In order to prove the existence of hardship, the applicant
shall establish that:
(a)
The building or landmark is incapable of earning
a reasonable return, regardless of whether that return represents
the most profitable return possible;
(b)
The building or landmark cannot be adapted for
any other use, whether by the current owner or by a purchaser, which
would result in a reasonable return; and
(c)
Efforts to find a purchaser interested in acquiring
the building or landmark and preserving it have failed.
(2)
Only in the case of buildings or structures owned
by nonprofit organizations, the owner as applicant must clearly establish
to the satisfaction of the Commission that said organization cannot
reasonably achieve its corporate purpose unless demolition is permitted.
That demolition is the most convenient means to address the problem
of achieving its corporate purpose is not sufficient to meet the nonprofit
test.
B.
The hardship criteria for demolition shall not apply
in any case where the Code Enforcement Officer or other duly authorized
building inspector orders or directs the construction. removal, alteration,
reconstruction, or demolition of any improvement to a building, structure,
or landmark in the historic district for the purpose of remedying
conditions determined to be unsafe or dangerous or a public safety
hazard.
An applicant who has been denied a certificate
of appropriateness for a proposed alteration may apply for relief
on the ground of hardship. In order to prove the existence of hardship,
the applicant shall establish that the building or landmark is incapable
of earning a reasonable return, regardless of whether that return
represents the most profitable return possible.
A.
After receiving written notification from the Commission
of the denial of a certificate of appropriateness, an applicant may
commence the hardship process. No building permit or demolition permit
shall be issued unless the Commission makes a finding that a hardship
exists. The following information shall be provided to the Historic
Review Commission as part of the hardship application:
(1)
The fair market value of the building or landmark
as determined by a qualified professional expert.
(2)
The amount paid for the building or landmark and the
price asked for the building or landmark and any offers received in
the previous three years.
(3)
The gross annual income from the building or landmark
for the past three years, if the building or landmark is income-producing.
If the building or landmark is commercial or income producing: provide
the gross annual income from the building or landmark for the previous
three years; the itemized operating and maintenance expenses for the
previous three years; the depreciation deduction and annual cash flow
before and after debt service for the previous three years; and the
remaining balance on any mortgage or other financing secured by the
building or landmark and the annual debt service for the past three
years.
(4)
Three separate estimates for the cost of the proposed
demolitions/alterations compared to the cost of stabilizing and rehabilitating
the structure.
(5)
A list of all economic incentives for preserving the
structure available to the applicant through federal, state, county,
local, or private programs, including tax incentives, grants and loans.
(6)
In the case of nonprofit organizations, such information
as may be necessary in the judgment of the Commission to determine
the question of whether such nonprofit organization can reasonably
achieve its corporate purpose without demolition.
B.
The Commission shall hold a public hearing on the
hardship application at which an opportunity will be provided for
proponents and opponents of the application to present their views.
Notice of such public hearing shall be published in the Village's
official newspaper at least five days prior to said hearing.
C.
The applicant shall consult in good faith with the
Commission in a diligent effort to seek an alternative that will result
in preservation of the building or landmark.
D.
The Commission shall have 31 days to render a decision
after the hearing. All decisions of the Commission shall be in writing.
A copy shall be sent to the applicant by registered mail and a copy
filed with the Village Planning, Environment and Codes Office for
public inspection. The Commission's decision shall state the reasons
for granting or denying the hardship application. If the application
is granted, the Commission shall approve only such work as is necessary
to alleviate the hardship. If the application for hardship is denied,
the Codes Enforcement Officer shall not issue a permit for demolition
or any other work not specifically reviewed and approved by the Commission.
The Commission may exempt public structures,
works, utilities and buildings from compliance with this chapter where
the public safety is endangered or an emergency situation arises.
Retroactive approval for emergency work shall be sought within 30
days of completion of the work. All work shall strive to maintain
compatibility with the historic district.
A.
All work performed pursuant to a certificate of appropriateness
issued under this chapter shall conform to any requirement included
therein. It shall be the duty of the Code Enforcement Officer or duly
authorized person to inspect periodically any such work to assure
compliance. In the event work is found that is not being performed
in accordance with the certificate of appropriateness, or upon notification
of such fact by the Commission, the Code Enforcement Officer or duly
authorized person 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.
A certificate of compliance is to be issued upon final
inspection of the structure by the Code Enforcement Officer at the
completion of work if it complies with the certificate of appropriateness
and the project outline. If, after inspection, the Code Enforcement
Officer deems that the project is not compliant, the applicant shall
have 30 days to rectify. Noncompliance after 30 days shall be considered
a violation of this chapter.
A.
Nothing in this chapter shall be construed to prevent
the ordinary maintenance and repair, which does not involve a change
in design, material, or outward appearance, of any exterior architectural
feature of a landmark, building or structure within the historic district.
B.
All ordinary maintenance and repair shall be promptly
performed.
C.
No owner or person with an interest in a building
designated as a landmark or included within an historic district shall
permit the building or landmark to fall into a serious state of disrepair
so as to result in the deterioration of any exterior architectural
feature which would, in the judgment of the Commission, produce a
detrimental effect upon the character of the historic district as
a whole or the life and character of the building or landmark itself.
D.
Examples of such deterioration include, but are not
limited to:
(1)
Deterioration of exterior walls or other vertical
supports.
(2)
Deterioration of roofs or other horizontal members.
(3)
Deterioration of exterior chimneys.
(4)
Deterioration or crumbling of exterior stucco or mortar.
(5)
Ineffective waterproofing of exterior walls, roofs
or foundations, including broken windows or doors.
(6)
Deterioration of any feature so as to create a hazardous
condition, which would lead to the claim that demolition is necessary
for the public safety.
(7)
Deterioration of exterior paint.
(8)
Deterioration of ornamental architectural elements.
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 as set forth in Chapter 1, General Provisions, Article II, General Penalty, of the Code of the Village of Cobleskill. Each and every day such violation continues after the allotted period of time for its removal shall be deemed a separate and distinct violation. Violations of this chapter shall also be subject to the penalties and procedures enumerated below.
B.
Complaints. Any person may file a complaint with the
Code Enforcement Officer regarding a violation of this chapter.
(1)
All such complaints shall be in writing.
(2)
All such complaints shall be investigated by the Code
Enforcement Officer within 5 business days and a written report prepared.
This investigation shall include a site visit by the Codes Enforcement
Officer.
(3)
One copy of the complaint and written report shall
be maintained in the files of the Code Enforcement Officer and shall
be available for public inspection.
C.
Notice of violation. Where a violation of this chapter
is determined to exist, the Code Enforcement Officer shall, within
a reasonable time, serve, by certified mail, return receipt requested,
or in person, a notice of violation and order to remedy.
(1)
Such notice of violation shall be served on the following
parties:
(a)
The owner, agent or contractor of the building
or landmark where such violation has been committed or shall exist;
(b)
The lessee or tenant of the part of or of the
entire building or landmark where such violation has been committed
or shall exist;
(c)
The agent, architect, or contractor for any
building or landmark in which any such violation shall exist; or
(d)
Any other such person who takes part or assists
in such violation, or who maintains any building or landmark in which
any such violation shall exist.
(2)
Such notice of violation shall include the following:
(a)
The specific violation pursuant to the Code
of the Village of Cobleskill Historic District Law, the New York State
Uniform Fire Prevention and Building Code, or both;
(b)
The facts and circumstances surrounding the
violation including any inspections made.
(c)
The time period during which such violation
must be corrected.
(3)
Such notice of violation shall require the removal
of the violation within 10 days after service of the notice, If those
persons notified shall fail to remove such violation within the allotted
time period, the Code Enforcement Officer shall charge them with violation
of this chapter before the appropriate court of law.
D.
Stop-work order. If, in the judgment of the Code Enforcement
Officer, work in progress is in violation or will result in violation
of this chapter, or terms or conditions of any permit, variance, site
plan approval or historic district certificate of appropriateness
issued pursuant to this chapter and continuation of such work in progress
will or may result in increased violation, irreparable harm or structures
or conditions impossible or unlikely to be removed or corrected, the
Code Enforcement Officer shall serve a stop-work order on the owner,
agent, architect, contractor and/or any other person involved or assisting
in such work in progress and shall post a copy of said stop-work order
in a conspicuous place on the subject work site.
(1)
Upon service or posting of such stop-work order, all
further work on the subject work site shall cease, except such as
is necessary to secure the site and materials, until the violation
causing such order has been corrected or removed and the Code Enforcement
Officer has served notice, in writing, that the stop-work order has
been lifted.
(2)
No person shall remove a stop-work order posted on
a work site unless and until the Code Enforcement Officer has served
notice, in writing, that such stop-work order has been lifted.
(3)
Continuation or resumption of work on a work site
subject to a stop-work order lawfully served and/or posted by the
Code Enforcement Officer shall constitute a separate violation of
this chapter and shall be subject to penalties.
E.
Appearance ticket. The Code Enforcement Officer shall,
where appropriate, issue an appearance ticket as provided by the Penal
Law of the State of New York.
F.
Fines. Persons found guilty of violation of this chapter shall be subject to a fine as set forth in the Code of the Village of Cobleskill, Chapter 1, General Provisions, Article II, General Penalty. Each and every day such violation continues after the allotted period of time for its removal shall be deemed a separate and distinct violation.
G.
Other remedies. In addition to other remedies provided
by law, any appropriate action or proceeding, whether by legal process
or otherwise, may be instituted or taken to prevent the unlawful erection,
construction, reconstruction, alteration, repair, conversion, demolition,
moving, maintenance or use to restrain, correct or abate such violation,
to prevent the occupancy of such building, structure or lot or to
prevent an illegal act, conduct, business or use in or about such
premises. The Village Board of Trustees may commence an action in
a court of competent jurisdiction to prevent, restrain, correct, or
abate a violation hereunder.
H.
Failure to maintain any structure within the district may be deemed to be demolition by neglect. In such cases, the building or landmark owner shall be notified of such determination and be required to begin repairs within 30 days. Any action to enforce this subsection shall be brought by the Code Enforcement Officer as per Subsections C, D, E, F and G, above.
I.
Any person or entity who demolishes, alters, constructs, or permits a designated building or landmark to fall into a serious state of disrepair, in violation of this chapter, shall be required to restore the building or landmark so that it is a contributing structure that meets the purposes of § 90-1 of this chapter.
J.
This civil remedy shall be in addition to and not
in lieu of any criminal prosecution and penalty.
A.
Costs or fees incurred by the Commission for necessary
consultant services or other extraordinary expense in connection with
its review of an application shall be paid by the applicant, provided
that the necessity of such services and a ceiling upon such fees or
expenses has been determined by the Commission and the applicant has
been informed of the fee ceiling in writing.
B.
Such reimbursable costs shall be in addition to any
application fee schedule established by the Commission and shall be
paid prior to releasing the certificate of appropriateness enabling
the Code Enforcement Officer to provide any necessary building permits.
C.
No building permit shall be issued for any proposed
construction for which fees or reimbursable costs are lawfully due
to the Village and which are unpaid.
