[HISTORY: Adopted by the Town Board of the Town of Schodack 9-24-1992
as L.L. No. 4-1992. Amendments noted where applicable.]
It is hereby declared as a matter of public policy that the protection,
enhancement and perpetuation of landmarks and historic districts is desirable
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 Town of Schodack has many significant historic cultural resources which
constitute its heritage, this chapter is intended to:
A.
Integrate the protection and enhancement of the resources
which represent distinctive elements of the town's historic, architectural
and cultural heritage with harmonious, orderly and efficient growth and development
of the town;
B.
Foster an appreciation for and pride in the accomplishments
of the past;
C.
Stabilize or enhance property values to the degree that
historic preservation is recognized as an influencing factor; and
D.
Provide a means whereby owners of landmarks or properties
within historic districts will be provided guidance and assistance in preserving
such properties.
As used in this chapter, the following definitions shall have the meanings
indicated:
The Town Board of the Town of Schodack.
An individual structure, a structure and associated land, outbuildings
and other features, a cemetery or an archaeological site.
The real property within the boundaries of the Town of Schodack of
New York State.
A.
The Board may from time to time establish by local law
at the request of an owner or the owners of a majority of the assessed valuation
in a given area, or at the request of a historical society chartered by the
state, or at the request of the Planning Board, or at the request of the Historic
Preservation Commission, or at its own discretion, historic districts or properties.
(1)
A property or district may be designated as an historic
property or district if it:
(a)
Has been designated as an historic district or property
by a federal or state agency.
(b)
Possesses special character of historic or aesthetic
interest or value as part of the cultural, political, economic or social history
of the town, region, state or nation.
(c)
Is identified with historic personages.
(d)
Embodies the distinguishing characteristics of an architectural
style.
(e)
Is the work of a designer whose work has significantly
influenced an age.
(f)
Because of unique location or singular physical characteristics,
represents an established and familiar visual feature of the neighborhood.
B.
Whenever a property or area is proposed for designation
by the Board as an historic property or district, the Board shall cause a
notice of such proposed designation and public hearing to be sent to each
owner of record, as indicated on the town tax rolls, of any such property
or part thereof proposed for such designation, not less than 30 days prior
to the public hearing. Such letter shall indicate the time and place of the
hearing on the proposed local law to designate as historic the owner's
property, at which the owner and other interested parties shall have an opportunity
to be heard.
C.
Any historic property or district so designated by the
Board shall be recorded as such on the tax rolls, and a record of the designation
shall be kept in the Planning and Building Department offices. Such designation
shall be duly indicated in reference to any request for permit or approval
to be issued by either office.
A.
There is hereby created an Historic Preservation Commission.
Such Commission shall consist of five members who are town residents, one
of whom shall live within an historic district. Each member shall be appointed
by the Board to serve without compensation, and shall have demonstrated an
interest in historic preservation. The Board may remove any member upon a
determination that good cause exists therefor. In creating the Commission,
the Board shall attempt to include an architect, an archaeologist, a professional
historian and other persons who have professional credentials or have otherwise
demonstrated skills or knowledge which demonstrate their understanding of
the importance and economic opportunities of historic preservation, to the
extent such people are available within the town. The Commission shall elect
its own Chairman, Vice Chairman and Secretary. The Commission shall operate
on the basis of Robert's Modified Rules of Order for Small Bodies, and
all decisions shall be by vote of the Commission.
B.
Members shall serve three-year terms, except that, of
those first appointed, one member shall be appointed to serve one year, two
shall be appointed to serve two years and two shall be appointed to serve
three years.
[Amended 3-11-1999 by L.L. No. 1-1999]
C.
Vacancies on any Commission shall be filled in like manner
as originally appointed, and shall be filled for the unexpired portion of
the term.
The Commission shall:
A.
Provide advice and assistance to owners of historic properties
on appropriate and economic methods for maintenance of those properties.
B.
Recommend to the Board properties and districts to be
designated as historic.
C.
Create, with the approval of the Board, rules and regulations
for the conduct of its business.
D.
Survey the historic, architectural and cultural resources
of the town, and prepare written documentation on such resources.
E.
Receive and review applications for modifications to
properties within the Commission's jurisdictions.
F.
Make recommendations to the Board concerning acquisition
or acceptance of properties, or interests in properties within its jurisdiction,
especially where such property is considered essential to the historic, architectural
or cultural integrity of the district or the town.
G.
Undertake to increase public awareness of the value of
preservation of historic, architectural or cultural resources falling within
the town.
H.
Recommend to the Board staffing and funding levels as
it deems necessary to fulfill its mission.
A.
No person shall carry out, or cause to be carried out,
any exterior modification, which shall include but not necessarily be limited
to any restoration, reconstruction, new construction, demolition, excavation
or relocation of any property structure or feature thereon within the jurisdiction
of the Commission without first receiving a certificate of approval from the
Commission and an appropriate permit from the Building Department. No such
certificate shall be considered necessary for any interior area unless it
is regularly open to the public. No such certificate shall be required for,
and nothing in this chapter shall be construed as prohibiting, ordinary maintenance
or repair of the exterior of any property which does not involve a change
in the design, material or outward appearance.
B.
Any certificate issued shall specify the nature of the
modifications to be carried out, and the character of the materials to be
used so far as necessary to assure maintenance of the character of the property
or district.
C.
The Commission shall issue within 60 days of receipt
of an application for a certificate under this section either an approval
of such application or a denial of the application together with reasons for
such denial. In so doing the Commission shall attempt to assure the best possible
preservation of the historic and cultural resources of the town. The Commission
shall meet with applicants to evaluate proposed modifications, and shall attempt
to develop mutually agreeable courses of action.
A.
To receive a certificate of approval of modification,
an applicant shall file an application therefor with the Commission on forms
to be provided by the Commission. The application shall include:
(1)
The name, address and telephone number of the applicant;
(2)
The address of the property involved in the modifications,
name and telephone number of the occupant if different from the owner and
such other identifying information as the Commission shall reasonably request;
(3)
A description of the work proposed to be done;
(4)
Photographs illustrating the location of the proposed
work and its relation to the property and to surrounding properties;
(5)
Elevations and drawings of the work to be done if available;
and
(6)
Samples of materials to be used if appropriate.
B.
The applicant may also be responsible for providing additional
information the Commission may reasonably require to fully understand the
proposed work.
No permit for modification or demolition of a property designated as
historic shall be issued by the Building Department unless the applicant presents
a certificate of approval of modification issued by the Commission. Any building
permit issued shall require compliance with the provisions of any certificate
of approval of modification issued by the Commission.
A.
The Commission shall base its determinations for approval
or denial of a certificate of approval of modification on the following criteria:
any modification shall be compatible with the character of the property and
its setting. In determining compatibility the Commission shall follow the
current Guidelines for Rehabilitation issued by the Secretary of the Interior
of the United States. Any modification shall not detract from the character
of any surrounding properties whether historic or not. The Commission shall
take into account the current state of repair and relative impact of failure
to make the proposed modifications on the character and value of any surrounding
property or properties. The Commission shall make every effort to provide
assistance and guidance to applicants to help achieve the goals of the applicant
while maintaining basic character of the property.
B.
Whenever the proposed modification is for demolition of an historic property a certificate shall not be issued unless and until the Town Building Inspector shall have certified the property can not reasonably be made safe and is therefore a public hazard; or the hardship criteria in § 132-11 have been met. At least 60 days shall elapse between the presentation of an application for demolition of a property designated as historic and the approval of a certificate therefor by the Commission.
C.
All decisions of the Commission regarding certificates
of approval shall be in writing, and unless otherwise indicated by this chapter,
shall be rendered within 30 days. In the event that the Commission shall determine
not to authorize a certificate as requested, it shall set forth in its decision
the reasons for such denial. Copies of all decisions shall be filed with the
Building Department.
A.
No owner or person with an interest in real property
designated an historic property by the Board or included within an historic
district designated by the Board 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, in the judgment of the Commission, produce
a detrimental effect on the life or character of the property itself, or of
the historic district.
B.
In applying its judgment the Commission shall be concerned
with deterioration of exterior walls or vertical supports, roofs or other
horizontal members, exterior chimneys, ineffective weatherproofing or allowing
the structure to be in a hazardous condition which could lead to the claim
that demolition is necessary for public safety.
C.
Notification of the Commission's finding a property
in violation of this section shall be sent to the owner of the property by
registered mail, return receipt requested. The notification shall specify
the reason for the violation, the penalties to which the owner may be subject,
the procedures, including hardship, the owner may follow and notice that the
owner has 30 days in which to respond or remedy the situation.
A.
After receiving written notification of the denial of
a certificate or a citation for allowing a property to fall into a state of
serious disrepair, the applicant may apply for relief if the applicant believes
such denial will impose an economic hardship.
B.
To prove hardship the applicant must establish:
(1)
For a private homeowner, the provisions of this chapter
remove their opportunity to use the property for residential purposes;
(2)
For a commercial property, the property is incapable
of earning a reasonable return, regardless of whether it can earn the highest
possible return, and the property cannot be adapted for any other reasonable
use by the owner which would provide a reasonable return.
C.
The applicant shall consult with the Commission and shall
demonstrate good faith efforts to seek acceptable alternatives to the proposed
unacceptable modifications.
D.
The Commission shall offer the applicant and other interested
persons an opportunity to be heard.
E.
At least 30 days shall elapse between the application
for a hardship determination and the award of any hardship classification
by a Commission, except in the case of an application for demolition in which
case 60 days shall elapse, to allow sufficient time for consideration of any
reasonable alternatives which might be available to mitigate undesirable effects
of award of a grant of hardship designation.
F.
If the provisions of this section are met the Commission
shall grant an application for modification if it determines the applicant
would in fact suffer an unwarranted hardship.
It shall be the responsibility of the Building Department to enforce
the provisions of this chapter in the same manner as all other local building
laws. Failure to comply with any of the provisions of this chapter shall be
deemed a violation and shall be liable for a fine of not less than $50 nor
more than $250 for each day the violation continues. This penalty shall be
in addition to and not in lieu of any criminal penalty applicable.
Any applicant aggrieved by the decision of a Commission may within 10
business days file a written application with the Town Clerk for review of
the application by the Zoning Board of Appeals. The application for review
shall state the reasons or grounds for the request for review. The Board's
review of the Commission's decision shall be in keeping with the intent
of this chapter.
