[HISTORY: Adopted by the Town Board of the Town of Austerlitz 6-9-1988 by L.L. No.
2-1988. Amendments noted where applicable.]
This chapter shall be known as the "Historic Preservation Law
of the Town of Austerlitz."
This chapter is adopted pursuant to the authority contained
in § 119-dd of the General Municipal Law of the State of
New York.
The identification and creation of historic landmarks and districts
within the Town of Austerlitz is necessary in order to preserve, protect
and enhance the significant historic, architectural and cultural resources
which constitute the heritage of the Town.
As used in this chapter, the following terms shall have the
meanings indicated:
Any area which contains places, sites, structures, or buildings
which have a special character or historical value or aesthetic interest
or which represent one or more periods or styles of architecture and
which are situate in a distinct section of the Town.
Any place, site, structure, or building of historical value
or aesthetic interest by reason of its antiquity or uniqueness of
architectural design or as part of the development, heritage or cultural
characteristics of the Town.
A.
There is
hereby created a Board to be known as the "Austerlitz Historic Preservation
Board."
B.
The Board shall consist of five residents of the Town who shall be
appointed by and serve at the pleasure of the Town Board.
C.
The Chairman of the Board shall be appointed by the Town Board.
D.
The powers of the Board shall include:
(1)
The adoption of criteria for the identification of historic landmarks
and districts within the Town.
(2)
The designation of structures and areas as historic landmarks and
districts.
(3)
Recommendation to the Town Board of the Town's acceptance of
facade easements and development rights or such other interests in
real property as may be desirable to carry out the intent of this
chapter.
(4)
Recommendation to the Town Board of the utilization of state, federal
or private funds to promote preservation of historic landmarks and
districts within the Town.
(5)
Recommendation to the Town Board of the Town's acquisition of
historic landmarks where private preservation is not feasible.
(6)
Recommendation to the Town Board of approval or disapproval of applications
for certificates of appropriateness as set forth in this chapter.
A.
The Historic Preservation Board may designate an individual property
as an historic landmark if it obtains the written consent of the property
owner and if such property:
(1)
Possesses special character or historic or aesthetic interest or
value as part of the cultural, economic or social history of the Town;
(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 age or geographic area; or
(5)
Because of a unique location or singular physical characteristic,
represents an established and familiar visual feature of an area or
neighborhood.
B.
The Historic Preservation Board may designate an area or group of
properties as an historic district if it obtains the written consent
of the property owners and if such properties:
C.
Prior to the designation of an historic landmark or district, the
Historic Preservation Board shall hold a public hearing, at which
time the owner or owners of the proposed historic landmark or district,
together with any other interested persons, shall be entitled to be
heard. Notice of such public hearing shall be published in the official
Town newspaper at least five days prior to the public hearing. After
the Historic Preservation Board has published notice of the public
hearing with regard to a proposed historic designation for a landmark
or district, no building permit shall be issued by the Building Inspector
with regard to such landmark or district until the Historic Preservation
Board has made a final decision concerning such proposed designation.
D.
Not later than 30 days after the public hearing, the Historic Preservation
Board shall issue a written decision either approving or disapproving
the proposed designation of historic landmark or district.
E.
The written designation of each historic landmark and each historic
district shall be filed in the Town Clerk's office and in the
office of the Columbia County Clerk.
A.
Prohibition
of work. No person, firm or corporation shall make any exterior alteration,
restoration, reconstruction, demolition, or new construction, nor
shall any person physically move an historic landmark or property
within an historic district, nor make any material change in the appearance
of such a property, its sidewalks, fences, steps, paving or other
exterior elements, without first obtaining a certificate of appropriateness
from the Town Board, upon the recommendation of the Historic Preservation
Board.
B.
Criteria.
(1)
The
issuance of a certificate of appropriateness shall be based upon the
following principles:
(a)
No change to interior spaces or to architectural features not visible
from the exterior of the structure shall be reviewed or require the
issuance of a certificate of appropriateness;
(b)
Properties which contribute to the character of an historic district
shall be retained, with their historic features altered as little
as possible;
(c)
Any alteration of an historic landmark shall be compatible with its
historic character, as well as with the surrounding district; and
(d)
Any new construction shall be compatible with the historic district
in which it is located, if any.
(2)
In applying the principle of compatibility, the following factors
shall be considered:
(a)
The general design, character and appropriateness to the property
of the proposed alteration or new construction.
(b)
The scale of proposed alteration or new construction in relation
to the property itself, surrounding properties, and the neighborhood.
(c)
Texture and materials and their relation to similar features
of other properties in the neighborhood.
(d)
Visual compatibility with surrounding properties, including
proportion of the property's front facade, proportion and arrangement
of windows and other openings within the facade, roof shape, and the
rhythm of spacing of properties on streets, including setback.
(e)
The importance of historic, architectural or other features
to the significance of the property.
C.
Procedure.
(1)
Prior to the issuance of a building permit or the commencement of
any work requiring a certificate of appropriateness, the owner shall
file an application with the Historic Preservation Board. The application
shall contain:
(a)
The name, address and telephone number of the applicant.
(b)
The location and description of the property.
(c)
Elevation and perspective drawings, including relationship to
adjacent properties.
(d)
A description of the work proposed and the materials to be used.
(e)
Where the proposal includes signs or lettering, a scale drawing
showing 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)
Any other information which the Board may deem necessary in
order to visualize the proposed work.
(g)
A fee of $25 shall accompany each application.
(2)
The Historic Preservation Board shall review the application and
issue a written recommendation to the Town Board within 30 days from
its receipt of the completed application.
(3)
The Town Board shall, by resolution, approve or disapprove the issuance
of a certificate of appropriateness within 30 days of its receipt
of the written recommendation of the Historic Preservation Board.
(4)
A copy of the Town Board's resolution shall be sent to the applicant
and the Historic Preservation Board.
(5)
A certificate of appropriateness shall be in addition to and not
in lieu of any building permit that may be required by any other law
or regulation of the Town.
A.
Criteria. An applicant whose certificate of appropriateness has been
denied may apply for relief from historic landmark or district designation
status on the grounds that such designation constitutes a financial
hardship. In order to prove the existence of financial hardship, the
applicant shall establish that:
(1)
The property is incapable of earning a reasonable return while restricted
with the historic landmark or district designation;
(2)
The property cannot reasonably be adapted for any use, whether by
the current owner or by a purchaser, that would result in a reasonable
return; and
(3)
Efforts to find a purchaser interested in acquiring the property
and preserving it as designated have failed.
B.
Procedure.
(1)
After receiving written notification from the Town Board of the denial
of a certificate of appropriateness, an applicant may file an application
for hardship with the Town Board.
(2)
The applicant shall consult in good faith with the Historic Preservation
Board and the Town Board in a diligent effort to seek a solution that
will result in preservation of the historic landmark or district.
(3)
The Town Board shall review the hardship application and, by resolution,
approve or disapprove the same within 30 days of its receipt of the
complete application.
(4)
In approving a hardship application, the Town Board shall have the
power to impose reasonable conditions or restrictions on the proposed
work in order to preserve, to the extent practicable, the historic
nature of the landmark or district involved.
(5)
A copy of the Town Board's resolution shall be sent to the applicant
and the Historic Preservation Board.
All work performed pursuant to a certificate of appropriateness
or a hardship exception shall conform to any requirements included
therein. The Town Building Inspector shall inspect such work periodically
to assure compliance. If work is found that is not being performed
in accordance with the certificate of appropriateness or hardship
exception, the Building Inspector shall issue a stop-work order, and
all work shall immediately cease.
A.
No owner or person with an interest in real property designated as
an historic landmark or included within an historic district shall
permit the property to fall into such a state of disrepair so as to
result in the deterioration of any exterior feature which would produce
a detrimental effect upon the character of the historic landmark or
the district in which the same is situate.
B.
Nothing contained in this chapter shall be construed to prevent the
ordinary maintenance and repair of any exterior feature of an historic
landmark or property within an historic district that does not involve
a change in design, material, or outward appearance.
A.
A violation of any of the provisions of this chapter shall result
in the termination of any permits issued hereunder. In addition, any
such violation shall be punishable by a fine not exceeding $250 for
each week that such violation exists.
B.
Any person who demolishes, alters, constructs or permits an historic landmark or property within an historic district to fall into a state of disrepair in violation of this chapter shall be required to restore the property and its site to its appearance prior to the violation. This civil remedy shall be in addition to and not in lieu of any fines imposed under the provisions of Subsection A above.
Any person aggrieved by a final decision of the Historic Preservation
Board or the Town Board under the provisions of this chapter may commence
a proceeding in the Supreme Court for review pursuant to the provisions
of Article 78 of the Civil Practice Law and Rules.
