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.
ALTER
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."
BUILDING
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.
DESIGN GUIDELINES
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.
FEATURE
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.
HISTORIC DISTRICT
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.
LANDMARK
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.
LOT
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.
OBJECT
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.
ORDINARY REPAIR AND MAINTENANCE
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.
PROPERTY
A lot and all buildings, structures, and objects thereon.
SITE
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.
STRUCTURE
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:
(1) It contains properties which meet one or more of the
criteria for designation of a landmark; and
(2) By reason of possessing such qualities, it constitutes
a distinct section of the Village.
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.
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.
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.
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.