[HISTORY: Adopted by the Board of Trustees of the Village
of Lake Placid 8-17-1987 by L.L. No. 4-1987. 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 Lake Placid
has many significant historic, architectural and cultural resources
which constitute its heritage, this chapter is intended to:
A.
Protect and enhance the landmarks and historic districts which represent
distinctive elements of the Village of Lake Placid's historic,
architectural heritage;
B.
Foster civic pride in the accomplishments of the past; and
C.
Protect and enhance the Village of Lake Placid's attractiveness
to visitors and the support and stimulus to the economy thereby provided.
There is hereby created a commission to be known as the Lake
Placid Historic Preservation Commission (the "Commission").
A.
The Commission shall be a joint commission in that it shall administer
this chapter and a similar local law of the Town of North Elba. The
Commission shall consist of nine members to be appointed as follows:
(1)
Four shall be appointed by the Mayor of the Village of Lake Placid:
one from the Village Board, one from the Planning Board of the Village
of Lake Placid and two from the community at large;
(2)
Four shall be appointed by the Supervisor of the Town of North Elba:
one from the Town Board, one from the Planning Board of the Town of
North Elba and two from the community at large; and
(3)
One shall be the Town/Village-Historian to be appointed by the Mayor
of the Village of Lake Placid.
B.
In the event the Town of North Elba fails to adopt an historic preservation
law, or after having adopted such law, repeals it, then the Commission
shall consist of five members to be appointed by the Mayor of the
Village of Lake Placid as follows:
C.
Commission members shall serve for a term of four years, provided
that the initial terms of two of the nine members shall be one year,
two shall be two years, two shall be three years and three shall be
four years. Members who serve by reason of holding elective office
shall have a term on the Commission which expires on the date their
term of elective office expires. Notwithstanding any provision to
the contrary, Commission members shall serve at the pleasure of the
appointing authority.
D.
The Chairmen and Vice Chairman of the Commission shall be elected
by and from among the members of the Commission.
E.
The powers of the Commission shall include;
(1)
Promulgation of rules and regulations as necessary for the conduct
of its business.
(2)
Adoption of criteria for the identification of significant historic,
architectural, and cultural landmarks and for the delineation of historic
districts.
(3)
Conduct of surveys of significant historic, architectural, and cultural
landmarks and historic districts within the Village.
(4)
Designation of identified structures or resources, including landscape
features, as landmarks and historic districts.
(5)
The making of recommendations to the Village government relative
to its acceptance and rejection of offers of donations of facade easements
and development rights; the making of recommendations to the Village
government concerning the acquisition of facade easements or other
interests in real property as necessary to carry out the purposes
of this chapter.
(6)
Increasing public awareness of the value of historic, cultural and
architectural preservation by developing and participating in public
education programs.
(7)
Making recommendations to the Village government concerning the utilization
of state, federal or private funds to promote the preservation of
landmarks and historic districts within the Village of Lake Placid.
(8)
Recommending acquisition of a landmark structure by the Village government
where its preservation is essential to the purposes of this chapter
and where private preservation is not feasible.
(9)
Approval or disapproval of applications for certificates of appropriateness
pursuant to this chapter.
F.
The Commission shall meet at least monthly, but meetings may be held
at any time on the written request of any two of the Commission members
or on the call of the Chairman or Mayor.
G.
A quorum for the transaction of business shall consist of five of
the Commission's members, but not less than a majority of the
full authorized membership may grant or deny a certificate of appropriateness
or grant or deny an application for a finding of hardship.
A.
The Commission 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; or
(3)
Embodies the distinguishing characteristics of architectural style;
or
(4)
Is the work of a designer whose work has significantly influenced
an age; or
(5)
Because of a unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood.
B.
There is hereby designated and established an historic district to
be known as the "Lake Placid Club Historic District" with the boundaries
delineated, in writing, and filed herewith with the Village Clerk.
Said Lake Placid Club Historic District is hereby determined to possess
special architectural and scenic character and to embody historic
and aesthetic value which are integral to the cultural, economic and
social history of the locality, region and state; it is hereby determined
to be identified with Melville Dewey, Godfrey Dewey and other historic
personages; it is hereby determined to embody the distinguishing characteristics
of an architectural style; its unique location and singular characteristics
dominate and inform its environs; by reason of the foregoing, it constitutes
a distinct section of the Village.
C.
The Commission may create one or more other historic districts.
(1)
It may designate a group of properties (which may include land as
well as structures) as an historic district if it:
(2)
The boundaries of each historic district designated henceforth shall
be specified in detail and shall be filed, in writing, in the Village
Clerk's Office for public inspection.
D.
Notice of a proposed designation shall be sent by registered mail
to the owner of the property proposed for designation, describing
the property proposed and announcing a public hearing by the Commission
to consider the designation. Where the proposed designation involves
so many owners that individual notice is not feasible, notice may
instead be published at least once in a newspaper of general circulation
at least 10 days prior to the date of the public hearing. Once the
Commission has issued notice of a proposed designation, no building
permits shall be issued by the Code Enforcement Officer until the
Commission has made its decision.
E.
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 record may also contain reports, public comments,
or other evidence offered outside of the hearing.
F.
The Commission shall forward notice of each property designated as
a landmark and of the boundaries of each designated historic district
to the office of the Essex County Clerk for recordation.
No person shall carry out any exterior alteration, restoration,
reconstruction, demolition, new construction or moving of a landmark
or property within an historic district, nor shall any person make
any material change in the appearance of such a property, its light
fixtures, signs, sidewalks, fences, steps, paving or other exterior
elements visible from a public street or alley which affect the appearance
and cohesiveness of the historic district, without first obtaining
a certificate of appropriateness from the Historic Preservation Commission.
A.
In passing upon an application for a certificate of appropriateness,
the Historic Preservation Commission shall not consider changes to
interior spaces or to architectural features that are not visible
from a public street or alley. The Commission's decision shall
be based upon 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)
Any alteration of existing properties shall be compatible with its
historic character, as well as with the surrounding district; and
(3)
New construction shall be compatible with the district in which it
is located.
B.
In applying the principle 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 proposed alteration or new construction in relation
to the property itself, surrounding properties, and the neighborhood;
(3)
Texture, materials, and color and their relation to similar features
of other properties in the neighborhood;
(4)
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.
(5)
The importance of historic, architectural or other features to the
significance of the property.
A.
Prior to the commencement of any work requiring a certificate of
appropriateness, the owner shall file an application for such a certificate
with the Historic Preservation Commission. The application shall contain:
(1)
Name, address and telephone number of applicant;
(2)
Location and photographs of property;
(3)
Elevation drawings of proposed changes, if available;
(4)
Perspective drawings, including relationship to adjacent properties,
if available;
(5)
Samples of color or materials to be used;
(6)
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 the property;
(7)
Any other information which the Commission may deem necessary in
order to visualize the proposed work.
B.
No building permit shall be issued for such proposed work until a
certificate of appropriateness has first been issued by the Commission.
The certificate of appropriateness required by this chapter shall
be in addition to and not in lieu of any building permit that may
be required by any other local law or local law of the Village of
Lake Placid.
C.
The Commission shall approve, deny or approve the permit with modifications
within 90 days from receipt of the completed application or, if a
public hearing is held on the application, within 60 days of the date
on which the public hearing record is closed. The Commission may hold
a public hearing on the application at which an opportunity will be
provided for proponents and opponents of the application to present
their views.
D.
All decisions of the Commission shall be in writing. A copy shall
be sent to the applicant by registered mail and a copy filed in the
Village Clerk's office for public inspection. The Commission's
decision shall state the reasons for denying or modifying any application.
A.
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
that:
(1)
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible;
(2)
The property cannot be adapted for any other use, whether by the
current owner or by a purchaser, which result in a reasonable return;
and
(3)
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
B.
An applicant whose certificate of appropriateness for a proposed
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
that:
(1)
The property 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.
B.
The Commission may 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.
C.
The applicant shall consult in good faith with the Commission and
interested parties in a diligent effort to seek an alternative that
will result in preservation of the property.
D.
All decisions of the Commission shall be in writing. A copy shall
be sent to the applicant by registered mail and a copy filed in 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 ensure 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
landmark or property within an historic district which does not involve
a change in design, material, color or outward appearance.
B.
No owner or person with an interest in real property designated as
a landmark or included within an historic district 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 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. Examples
of such deterioration include:
(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 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
not more than $250 for each day the violation continues.
B.
Any person who demolishes, alters, constructs or permits a designated
property to fall into a serious 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. 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.
Any person aggrieved by a determination of the Historic Preservation
Commission in connection with property within the Village of Lake
Placid may, within 30 days of the determination, file a written appeal
of said determination with the Village Board of Trustees. The Village
Board of Trustees shall be authorized to reverse, annul or modify
said determination or to substitute its own determination in place
of the determination made by the Commission.
