The Commission shall delineate landmarks or historic districts
and recommend them to the Village Board of Trustees for designation
under local law.
A.
Individual landmark: The Commission may recommend an individual property
as an individual landmark if it:
(1)
Exemplifies or possesses special character, or historic or aesthetic
interest of value as part of the political, economic, or social history
of the Village;
(2)
Is identified with persons or events significant in local, state,
or national history;
(3)
Embodies the distinguishing characteristics of a type, period or
method of construction or design style, or is a valuable example of
the use of indigenous materials or craftsmanship; or is representative
of the work of a designer, architect, or builder;
(4)
Represents an established and familiar visual feature of the community
by virtue of its unique location or singular physical characteristic,
represents an established and familiar visual feature of the community;
or
(5)
Has yielded or may be likely to yield information important in prehistory
or history.
B.
Historic District: The Commission may recommend a group of properties
within the Village as an historic district if a majority of properties
therein:
(1)
Contain properties which meet one or more of the criteria for designation
as a landmark and which may have within its boundaries other properties
or structures that, while not of such historic and/or architectural
significance to be designated as landmarks, nevertheless contribute
to the overall visual characteristics of the landmark or landmarks
located within the historic district; and
(2)
Constitute a unique section of the Village by reason of possessing
those qualities that would satisfy such criteria.
As used in this chapter, the following terms shall have the
meanings indicated:
An area designated as an historic district in accordance
with the procedures described in this chapter, and which contains
within definable geographic boundaries a significant concentration,
linkage or continuity of sites, buildings, structures, or objects
united historically or aesthetically by plan or physical development.
An historic district designated under this chapter shall not be construed
as a zoning district of the Village of Coxsackie, and nothing contained
herein shall be construed as authorizing the Commission to adopt a
law, bylaw or regulation that regulates and determines the areas of
yards and open spaces, regulates population density or restricts the
locations of trades and businesses or creates zoning districts for
any such purpose.
Any building, structure or site that has been designated
as a landmark by the Village Board of Trustees pursuant to procedures
described in this chapter that is worthy of preservation, restoration,
or rehabilitation because of its historic or architectural significance.
A.
The Village of Coxsackie's Village Board of Trustees, Planning
Board, or Historic Preservation Commission, or a resident of the Village,
may initiate the proceedings for designation of an individual landmark
or historic district.
B.
A written proposal of designation will be in the form of an application
to be sent to the Village Clerk for distribution to the Commission
and is subject to the following minimal information requirements:
The Village Clerk shall deliver a proposal or an application
for designation to the Commission within 10 business days after receipt.
Within 30 days after the day on which a proposal or application
is received, the Historic Preservation Commission shall review the
proposal or application. If the proposal or application impacts any
property in the Village that may require Planning Board review, such
as for site plan, subdivision or parkland review, the Commission shall
forward a copy of said document to the Village Planning Board.
A.
Public notice: Within 45 days from the completion of the review of
the proposal or application, the Commission shall set, give public
notice, and conduct a hearing open to the public on the matter of
the proposed designation. Said hearing shall be advertised in a newspaper
of general circulation in the Village at least five business days
before such hearing. Notice of such hearing shall be given to each
owner of property to be designated by registered mail or in person
with receipt confirming delivery at least 10 business days' prior
to such hearing.
B.
Work moratorium: Once the Commission has issued a notice of a proposed
designation, it may also recommend to the Village Board that a moratorium
be put in place, prohibiting any work relating to the individual landmark
or district proposed for designation as long as the proposed designation
is under active consideration by the Commission and until the Commission
has made its decision on designation.
C.
Purpose of hearing: The purpose of the hearing is to aid the Commission
in adopting a resolution on the matter of the proposed designation
by providing a forum for public debate on the issue of whether the
individual property or historic district meets the necessary criteria
to be so designated. The Commission, property owners, Planning Board
and any other 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
individual landmark or historic district.
D.
Report of written recommendation by Commission. Within 30 days after
the day on which the public hearing is closed, the Commission shall
prepare a written report of recommendation either recommending approval
or rejection of the proposed designation.
E.
In addition to testimony or documentary evidence received at any
public hearing, the record may also contain reports, public comments,
expert testimony, or other evidence offered outside of the hearing,
but submitted for the Commission's consideration by the date
of the hearing. At a minimum, the record of the designation shall
contain the application, Commission and/or staff reports, any comments
made on the application at the public hearing, and the Commission's
recommendation to the Village Board of Trustees to approve, approve
with modifications, or deny the application requesting designation.
The Commission shall deliver a copy of its written report of
recommendation to the Village Board.
Within 30 days after the Village Board receives the recommendation
report, the Village Board shall, by resolution, undertake a designation
in whole or in part, or shall disapprove in its entirety the proposed
designation, setting forth in writing the reasons for the decision.
Notice of the Village Board's decision shall be sent by the Commission
to the applicants and owners of an approved designated property or
to the owners of all properties within an approved historic district
within 10 days of receipt from the Village Clerk, by certified mail,
return receipt requested.
As soon as possible, the Village Clerk shall cause to be published
in a newspaper of general circulation in the Village a local law designating
an individual landmark or historic district.
As soon as possible, the Village Clerk shall cause to be recorded
on the Zoning District Map of the Village of Coxsackie a landmark
or historic district established under this chapter.
The Commission may recommend to the Village Board, which in
turn may amend or rescind, an individual landmark or historic district
using the same procedures established under this chapter for the creation
of an individual landmark or historic district.
Designated historic districts and landmarks are described in
Appendixes A and B to this chapter[1] and are shown on a map entitled "Zoning Map, Village of Coxsackie," which is appended to Chapter 155 of this Code.
[1]
Editor's Note: Said appendixes are included as attachments to this chapter.
