[HISTORY: Adopted by the Board of Trustees
of the Village of Kinderhook 1-14-2004 by L.L. No. 1-2004. 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 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
Kinderhook has many significant historic, architectural, and cultural
resources which constitute its heritage, this chapter is intended
to:
A.
Protect and preserve the long-term preservation of
the landmarks and historic districts which represent distinctive elements
of Kinderhook's historic, architectural, and cultural heritage;
B.
Foster civic pride in the accomplishments of the past;
C.
Protect and enhance Kinderhook's attractiveness to
residents, businesses, and visitors, and thereby support and stimulate
the economy; and
D.
Insure the harmonious, orderly, and efficient growth
and development of the Village.
Except where specifically defined herein, all
words used in this chapter shall carry their customary meanings.
The act or process of changing one or more of the exterior
features of a building, structure, or object in either form, material,
or texture, and shall include the words "add," "construct," "rebuild,"
"reconstruct," "restore," "remove," "demolish," and "move."
A construction of materials affixed to the land that is intended
for the shelter of persons, animals, or chattel (such as a house,
garage, barn, or shed) or for the conduct of business, commerce, education,
and/or religious activities.
A document adopted by the Historic Preservation Commission
which will assist the commission and property owners in defining appropriate
exterior architectural features for assessing the appropriateness
of plans to alter, construct, demolish, and/or move landmarks, and/or
buildings and/or structures in the Historic District.
Any portion of the exterior of a building, structure or object,
including but not limited to the kind and texture of exterior materials;
the architectural details and their general arrangement; and the type
and style of windows, doors, lights, signs, and other exterior fixtures.
Fifty years or older.
That area of contiguous lots with their buildings, structures, and objects that is designated by the Village Board of Trustees and identified as such on the Zoning Map of the Village of Kinderhook in Chapter 130, or such districts as may be designated in the future.
Any individual property located outside of the Historic District
and designated by the Village Trustees as having historic, cultural,
or archeological significance to the Village of Kinderhook.
A defined parcel of land described in a deed or survey document
which is considered as a unit, developed to a specific use, or occupied
by buildings, structures, or objects united by a common interest,
use or ownership, and the open spaces belonging to the same.
A material, historic thing of functional, aesthetic, cultural
or historic value, moveable yet related to the specific setting or
environment, such as a garden sculpture or commemorative marker.
The act or process of preserving the features of a building,
a structure or an object by consolidation or by replacement (in part
or in whole) in like kind, which does not change the form, material,
or texture of the features.
A lot and all buildings, structures, and objects thereon.
The location of a significant event, a prehistoric or historic
occupation or activity, or a building, structure, or object whether
standing, ruined, or vanished, where the location itself maintains
historical or archeological significance regardless of the value of
the existing building, structure or object.
A construction of materials requiring location on the land,
intended for purposes other than the shelter of persons, animals or
chattel, such as but not limited to a swimming pool, fence, wall,
central air-conditioning unit, sign, steps, and freestanding light
fixture.
[Amended 3-9-2022 by L.L. No. 1-2022; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
There is hereby created a commission to be known as the Village
of Kinderhook Historic Preservation Commission.
A.
The Commission shall consist of the five members appointed by the
Village Board.
(1)
The Village Board may choose to appoint an alternate member of the
Historic Preservation Commission to serve as provided in this section.
The number of alternate members appointed pursuant to this section
shall not exceed one. The Village Board may appoint an alternate member
who shall hold membership for a term of two years. The Chairperson
of the Historic Preservation Commission may assign the alternate member
to substitute for a regular member who is absent or who is unable
to participate for reasons of a conflict of interest, after proposing
such an action, voting on it, and recording it in the minutes of the
meeting. When so designated, the alternate member shall possess all
the powers and responsibilities as a member of the Commission. An
alternate member must attend all regular and special meetings of the
Historic Preservation Commission, unless excused by the Commission.
(2)
An alternate member of the Historic Preservation Commission may only
participate at meetings of the Historic Preservation Commission when
serving/sitting as a member of the Commission and an alternate member
may not participate in meetings of the Historic Preservation Commission
as a resident of the community.
B.
All members, to the extent available in the Village, shall have demonstrated
a significant interest in historic preservation and architecture as
evidenced by personal and/or professional involvement, or similar
evidence of interest in local history or historic preservation organizations,
employment in the field of historic preservation (such as architecture,
building trades, or history), and/or education and training in the
field of architecture, history, archeology, historic preservation,
or related fields. Members shall participate in education and training
programs relevant to the responsibilities of the Commission. When
possible, at least three members shall be residents and/or property
owners in the Historic District.
C.
Members shall serve for a term of five years, except that initially
one member shall serve a one-year term; one member shall serve a two-year
term; one member shall serve a three-year term; and one member shall
serve a four-year term. Thereafter, terms shall be staggered.
D.
The Chairperson and Vice Chairperson of the Commission shall be elected
by and from the members of the Commission.
E.
The Commission shall be authorized to:
(1)
Promulgate rules and regulations as necessary for the conduct of
Commission business;
(2)
Adopt criteria consistent with local historic architecture and local
laws and codes for the identification of significant historic, architectural,
and cultural landmarks and for the delineation of historic districts;
(3)
Formulate design guidelines consistent with current research on historic
paint colors;
(4)
Conduct surveys of historic, architectural, and cultural landmarks
and historic districts within the Village in order to establish an
inventory of all properties and structures;
(5)
Employ staff and professional consultants as necessary to carry out
the duties of the Commission;
(6)
Make recommendations to the Village Board for designation of structures
or properties as landmarks and historic districts;
(7)
Develop and participate in public education programs to increase
public awareness of the value of historic, cultural and architectural
preservation;
(8)
Provide advice and guidance to property owners and Village boards
and commissions concerning historic preservation issues;
(9)
Coordinate project review with the Village Planning Board, Zoning
Board of Appeals, and agencies;
(10)
Make recommendations to the Village Board concerning the utilization
of state, federal or private funds to promote the preservation of
landmarks and historic districts within the Village;
(11)
Recommend acquisition of a landmark structure by the Village Board
when its preservation is essential to the purposes of this chapter
and when private preservation is not feasible;
(12)
Review projects in compliance with SEQR regulations; and
(13)
Approve, approve with conditions, or disapprove applications for
certificates of appropriateness pursuant to this chapter.
F.
The Commission will normally meet monthly, but meetings may be held
at any time upon the written request of any two of the Commission
members or at the call of the Chairperson or the Mayor. Public notice
of all meetings shall be in accordance with Village Law and practice.
G.
A quorum for the transaction of business shall consist of three of
the Commission's members but not less than a majority of the
full authorized membership may grant or deny a certificate of appropriateness.
H.
When vacancies are such that there are fewer than three members,
the Trustees shall designate one or more members from the Planning
Board to serve on the Historic Preservation Commission until the Trustees
appoint new members of the Commission.
The Trustees of the Village of Kinderhook shall
designate landmarks and create or modify historic districts.
A.
Upon recommendation of the Commission, the Village
Board may designate an individual property as a landmark if it:
(1)
Possesses special character or historic or aesthetic
interest or value as part of the cultural, political, economic or
social history of the locality, region, state or nation; or
(2)
Is identified with historic personages;
(3)
Embodies the distinguishing characteristics of an
architectural style;
(4)
Is the work of a designer whose work has significantly
influenced an era;
(5)
Because of a unique location or singular physical
characteristic, represents an established and familiar visual feature
of the neighborhood;
(6)
Embodies the distinctive characteristics of a type,
period, or method of construction, or that represent the work of a
master, or that possess high artistic values, or that represents a
significant and distinguishable entity whose components may lack individual
distinction; or
(7)
Has yielded or may be likely to yield, information
important in prehistory or history.
B.
Upon the recommendation of the Commission, the Village
Board may designate a group of properties as a historic district if:
C.
The boundaries of each historic district and/or landmark
designated henceforth shall be described in writing and depicted on
the Official Village Map and shall be filed in the Village Clerk's
office for public inspection.
D.
The Village Clerk shall send by registered mail notice
of a proposed landmark designation to the owner of the property proposed
for landmark designation, describing the property proposed and announcing
a public hearing by the Village Board to consider the designation.
The Village Clerk shall send by registered mail notice of a proposed
historic district designation to all property owners within the proposed
district, announcing a public hearing by the Village Board to consider
the district designation. Notice of the public hearing shall be published
in accordance with Village Law and practice at least 15 days prior
to the hearing date.
(1)
Once the Village Board has issued notice of a proposed
designation, no building permit(s) for a proposed landmark or property
in a proposed historic district shall be issued by the Code Enforcement
Officer (CEO) until the Village Board has made its decision.
(2)
A decision on the designation of a landmark or historic
district shall be made within 42 days of the close of the public hearing.
E.
The Village Board shall hold a public hearing prior
to designation of any landmark or historic district. The Commission,
property 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 record may also
contain staff reports, public comments, or other evidence, provided
the public shall have the opportunity to review and comment on such
evidence at the public hearing.
F.
The Village Board shall forward notice of each property
designated as a landmark and of the boundaries of each designated
historic district to the office of the Columbia County Clerk for recording.
A.
The Historic Preservation District shall be the existing Historic Preservation Overlay District Boundary depicted on the Zoning Map in Chapter 130, Zoning, of the Code of the Village of Kinderhook, and any other districts or landmarks designated by the Trustees. District boundaries shall follow the lot lines of designated historic structures as surveyed and symbolically depicted on Tax Maps that form the perimeter of the district as shown on the Zoning Map.
B.
The Historic Preservation Map shall show the location(s) and boundaries of landmarks and historic districts, and it shall be on file with the Village Clerk. Said map shall be adopted and declared a part of this chapter. The Historic Preservation Map shall henceforth be considered separate from Chapter 130, Zoning, and the Zoning Map.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Where uncertainty exists with respect to the boundaries
of any of the aforesaid districts shown on the Historic Preservation
Map, the following rules shall apply:
(1)
Where district boundaries are indicated as approximately
following the center lines or right-of-way lines of streets, highways,
public utility easements or watercourses, said boundaries shall be
deemed to be automatically moved if a center line or right-of-way
line of such street, highway, public utility easement or watercourse
is moved a maximum of 50 feet.
(2)
Where district boundaries are indicated as approximately
following the Village boundary line, lot lines, utility lines or projections
thereof, said boundaries shall be coincident with such lines or projections
thereof.
(3)
Where district boundaries are so indicated that they
are approximately parallel to the Village boundary line, lot lines,
right-of-way lines or projections thereof, said boundaries shall be
construed as being parallel thereto and at such distances therefrom
as indicated on the Historic Preservation Map or as shall be determined
by use of the scale shown on the Historic Preservation Map.
(4)
In all other cases, where not dimensioned, the location
of boundaries shown on the map shall be determined by the use of the
scale appearing thereon.
No building permit shall be issued nor shall
any person commence any exterior alteration, restoration, reconstruction,
demolition, new construction, or moving of any building or structure
or any feature thereon on a landmark or property within a historic
district that is visible from any public way without first obtaining
a certificate of appropriateness from the Historic Preservation Commission.
A.
In acting upon an application for a certificate of
appropriateness, the Historic Preservation Commission shall consider
only changes to exterior features of buildings and structures.
B.
The Commission's decision shall be based upon the
following principles:
(1)
Buildings and structures which contribute to the character
of the historic district shall be retained, with their historic features
altered as little as possible.
(2)
Any alteration of existing buildings and structures
shall be compatible first with its own historic style and secondly
compatible with the character of the surrounding district.
(3)
New construction shall be compatible with existing
architecture.
(4)
Only construction or alterations that are compatible
with the long-term preservation of the historic buildings and structures
shall be permitted.
[NOTE: These principles are consistent with the current edition
of the Secretary of the Interior's Standards for the Treatment of
Historic Properties and the Secretary of the Interior's Guidelines
for Preserving, Rehabilitating, Restoring and Reconstructing Historic
Buildings.]
C.
In applying the principles of compatibility, the Commission
shall consider the following factors:
(1)
The general design, character and appropriateness
to the property of the proposed alteration or new construction;
(2)
The scale of the proposed alteration or new construction
in relation to the property itself, surrounding properties, and the
neighborhood;
(3)
Form, texture, material, and their relation to the
features of the buildings and structures and to similar features of
other buildings and structures in the neighborhood;
(4)
Visual compatibility with surrounding properties,
including proportion of the buildings' and structures' facades, proportion
and arrangement of windows and other openings within the facades,
roof shape, and the placement of buildings and structures on lots
in the neighborhood, including setback; and
(5)
The historic and architectural significance of the
property.
A.
Prior to the issuance of a building permit and/or
the commencement of any construction, alteration, demolition, or moving
of any building or structure, the Code Enforcement Officer shall determine
if a certificate of appropriateness is required. If the Code Enforcement
Officer determines that a certificate of appropriateness is required,
the property owner shall file an application for a certificate of
appropriateness with the Code Enforcement Officer. The Code Enforcement
Officer shall forward the application to the Chairperson of the Historic
Preservation Commission.
B.
The certificate of appropriateness required by this
chapter shall be in addition to and not in lieu of any building permit
or approval that may be required by any other local law of the Village
of Kinderhook.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
The application must be submitted to the Code Enforcement
Officer with enough time to be delivered to the Historic Preservation
Commission at least 10 days prior to a regularly scheduled meeting
of the Commission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
The application shall contain the:
(1)
Name, address and telephone number of the applicant
and the property owner, if different;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Location and photographs of buildings and structures
on the property;
(3)
Elevation and plan drawings of proposed changes, and
site plan to show relationships to adjacent properties;
(4)
Samples of materials to be used;
(5)
Where the proposal includes signs or lettering, a
scale drawing showing the type of lettering to be used, all dimensions,
a description of material to be used, method of illumination, and
a plan showing the sign's location on the property; and
(6)
Any other information, such as drawings by a licensed
architect and/or relevant perspective drawings, which the Commission
or the property owner may deem necessary in order to visualize the
proposed work.
(7)
A fee as set from time to time by resolution of the
Board of Trustees shall accompany the application.
(8)
The Commission may waive any of the above-required
item(s) deemed not relevant to the work proposed.
E.
A public hearing will be required when the proposed
project requires coordinated review with the Planning Board or with
the Zoning Board of Appeals and/or includes an addition, new construction,
alteration, relocation, demolition, or other actions or work determined
by the Commission to warrant public comment.
(1)
When a public hearing is to be held, the applicant
shall remit an additional fee as set from time to time by resolution
of the Board of Trustees to cover the cost of the hearing notices.
(2)
Written notice of the hearing shall be sent to the
applicant and to property owners within 300 feet of the applicant's
property, advertised in a newspaper of general circulation within
the Village and on the Village website at least 10 days in advance
of the hearing, and posted on public boards in the Village.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
Opportunity will be provided for proponents and opponents
of the application to present facts and their views.
(4)
A decision on the application will be rendered within
45 days of the close of the public hearing. The hearing may be adjourned
by the mutual consent of the applicant and the Commission, with continuation
set for a date within 45 days.
F.
The Commission shall approve, approve with conditions,
or disapprove applications for a certificate of appropriateness within
45 days of the closing of the review of the application, unless the
Commission requires a public hearing on the application.
G.
All decisions of the Commission shall be in writing.
One copy shall be sent to the applicant by registered mail, one copy
shall be filed with the Village Clerk's office for public inspection,
and one copy shall be forwarded to the Code Enforcement Officer. The
Commission's decision shall state the reasons for approving, denying
or approving with modification any application.
A.
An applicant whose certificate of appropriateness
for a proposed new construction or alteration has been denied may
apply for relief on the ground of hardship. In order to prove the
existence of hardship, the applicant shall establish the following:
B.
An applicant whose certificate of appropriateness
for a proposed demolition has been denied may apply for relief on
the ground of hardship. In order to prove the existence of hardship,
the applicant shall establish the following:
(1)
The property is incapable of yielding a reasonable
return, regardless of whether that return represents the most profitable
return possible;
(2)
The property is incapable of having a reasonable beneficial
permitted use and the property cannot be adapted for any other permitted
use, whether by the current owner or by a purchaser, which would result
in a reasonable return; and
(3)
Efforts to find an individual or organization interested
in acquiring the property (or part thereof) and preserving it have
failed.
A.
After receiving written notification from the Commission
of the denial of a certificate of appropriateness, an applicant may
commence the hardship process. The application to commence the hardship
process must be submitted to the Commission within 60 days of the
written notification from the Commission of the denial of the certificate
of appropriateness. No building permit or demolition permit shall
be issued unless the Commission grants relief based upon a finding
that a hardship exists.
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.
The public hearing shall be held within 40 days of filing of the hardship
application with the Commission.
C.
Public notice of the hearing by the Commission shall
be given in accordance with Village Law and practice as follows:
(1)
By publishing a notice of the application and the
time and place of the public hearing in the official newspaper of
the Village of Kinderhook not less than 15 days prior to the date
of the hearing;
(2)
By giving written notice of the hearing to the applicant
and to property owners within 300 feet of the applicant's property;
and
(3)
By giving written notice of the hearing to any required
municipality, county, metropolitan, regional, state or federal agency
in the manner prescribed by law.
D.
The applicant shall consult in good faith with the
Commission, local preservation groups and interested parties in a
diligent effort to seek an alternative that will result in preservation
of the property. If a hardship is proven, the Commission shall grant
the minimum relief necessary to alleviate the hardship.
E.
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 Clerk's Office for public inspection. The Commission's
decision shall state the reasons for granting or denying the hardship
application.
All work performed pursuant to a certificate
of appropriateness issued under this chapter shall conform to any
requirements included therein. It shall be the duty of the Code Enforcement
Officer 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 Historic Preservation Commission, the Code Enforcement
Officer 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.
A.
Nothing in this chapter shall be construed to prevent
the ordinary maintenance and repair of any exterior architectural
feature of a building or structure on a landmark property or property
within a historic district which does not involve a change in form,
material, or texture.
B.
No owner or person with an interest in a property
designated as a landmark or included within an historic district shall
permit the buildings or structures on 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 Historic Preservation Commission, produce a detrimental effect
upon the character of the historic district as a whole or the life
and character of the property itself. The Commission shall by letter
notify the Code Enforcement Officer of the determination.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Examples of such deterioration include:
(1)
Deterioration of exterior walls or other vertical
supports;
(2)
Deterioration of roofs and gutters 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; and
(6)
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.
A.
Failure to comply with any of the provisions of this
chapter shall be deemed a violation and the violator shall be liable
to a fine of up to $250 for each day the violation continues.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Any person who alters, constructs or permits a designated
building or structure to fall into a state of serious disrepair or
who demolishes a property in violation of this chapter shall be required
to restore the property to its condition prior to the violation. Any
action to enforce this subsection shall be brought by the Village
Attorney. This civil remedy shall be in addition to and not in lieu
of any criminal prosecution and penalty.
C.
If the Code Enforcement Officer cites a property owner
for failure to maintain or repair the buildings and structures on
a landmark property or property in the historic district, the Commission
may, but is not required to, assist the property owner in locating
sources of financial and technical assistance in order to restore
the property. The Village Board upon recommendation of the Commission
shall define what is considered a reasonable time period for the completion
of repairs.
Any person aggrieved by a decision of the Historic
Preservation Commission relating to hardship or a certificate of appropriateness
may, within 15 days of the decision, file a written application with
the Village Board for review of the decision. Reviews shall be conducted
based on the same record that was before the Commission and using
the same criteria.
