The Commission may issue a preservation work permit application in accordance with the procedures and standards set forth in Article IV of this chapter.
The purpose of a preservation work permit is to establish a
process by which the Commission is authorized to review plans for
work on individual landmarks or properties within historic districts
to make certain that the work complies with protective standards created
to preserve the unique qualities of an individual landmark or historic
district. The preservation work permit is intended to authorize review
of exterior work only.
No person shall carry out any exterior alteration, restoration,
reconstruction, demolition or new construction, or move a designated
historic landmark or property within a designated historic district
without first obtaining, from the Commission, a preservation work
permit that authorizes such work. Such permit shall be required whether
or not a building permit is required by any other ordinance, local
law, rule, or regulation.
The definitions of terms as used in this chapter are set forth
in Appendix C.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
The Standards of Visual Compatibility considered by the Commission in its review of applications for preservation work permits pursuant to § 75-31 are set forth in Appendix D.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
A person may initiate proceedings to obtain a preservation work
permit by sending a permit application to the Village of Coxsackie
Clerk or to the HPC at 119 Mansion Street, Coxsackie, NY 12051.
The Village may specify the information required in a permit
application and may, from time to time, change the content of that
information, but at all times the Commission shall require the following
information:
A.
The applicant's name, address, email address and telephone number.
B.
The owner's name, address, email address and telephone number
if the owner is not the applicant.
C.
The owner's signed consent to the making of the application
if the owner is not the applicant.
D.
The address and the property tax identification number of the property.
E.
The zoning classification of the property.
F.
The plans for the work to be done, including a survey, perspective
drawings or blueprints, and paint and material samples for the proposed
work.
G.
A statement of the purposes for the proposed work.
H.
Where the proposal includes signs, lettering or numbers on any exterior
feature and/or is visible on the building's front facade, a scale
drawing showing the type of lettering and numbers to be used, all
dimensions and colors, a description of materials, method of illumination,
and a plan showing the sign's location on the property or building,
and any other information the Commission may determine necessary to
visualize the proposed work.
I.
A copy of any permit or variance required in connection with the
work to be done.
The Village Clerk shall deliver a completed application for
a preservation work permit to the Commission within five business
days of receipt.
Within 30 days after the day on which the application is received,
the Commission shall review the application for a preservation work
permit. If the 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 the application
to the Planning Board as part of its review process. Additionally,
the Commission shall forward a copy of the application to the Village
Code Enforcement Officer if he has not already been copied on the
application.
A.
The Commission shall approve the issuance of a preservation work
permit only if it determines that the proposed work will not have
a substantial adverse effect on the aesthetic, historical, or architectural
significance and value of the individual landmark or, if the proposed
work is within an historic district, the proposed work will not have
a substantial adverse effect on the aesthetic, historical, or architectural
significance of the property itself, the district or neighboring properties
in such district.
B.
In making this determination, the Commission's decision to approve,
approve with modification(s) or deny an application for a preservation
work permit for an individual landmark or property within an historic
district will be guided by the Secretary of the Interior's Standards
for Rehabilitation and by the standards for granting a permit and
any design guidelines adopted by the Commission.
C.
The Commission shall not grant a preservation work permit unless it finds that the standards of visual compatibility, as defined in § 75-26, Appendix D, present in the existing structure or improvement before alteration or demolition will be present upon completion of the work. New construction shall be compatible with the historic district in which it's located.
D.
Upon submission of a complete application, the Commission shall have
the authority to, without public hearing and notice:
(1)
Determine whether the proposed work constitutes ordinary maintenance
and repair for which a preservation work permit can be approved.
(2)
Approve work which is considered replacement-in-kind.
(3)
Approve signage that is determined to have no significant negative
impact on the character or historic significance of the individual
property or historic district in which it is located.
(4)
The Commission is required to report to the Village Board of Trustees
on a monthly basis on all activities for which applications were submitted
and approval was granted without a public hearing and notice.
Within 45 days from the completion of the review of the application, the Commission shall set, give public notice, and hold a public hearing prior to rendering a decision on any application for a preservation work permit granted pursuant to § 75-31D. Notice of the public hearing shall be published in a newspaper of general circulation in the Village at least five calendar days' prior to the public hearing date. The notice shall specify the time and place of the public hearing, a brief description of the proposal, and the location where the proposal may be reviewed prior to the hearing. The property owner and any interested party may present testimony or documentary evidence regarding the proposal at the hearing, which will become a part of the record. The record may also contain staff reports, public comments, and other evidence offered outside of the hearing, but presented by the hearing date.
Within 30 days of the public hearing, the Commission shall approve,
approve with conditions or modifications, request additional information,
or deny the preservation work permit. All decisions of the Commission
shall be in writing.
Within five business days after the day on which a decision
is rendered by the Commission, the Village Clerk or Commission Chairperson
shall send a copy to the applicant by certified mail, return receipt
requested, by email with receipt requested, or hand deliver it to
the applicant with their signature required as confirmation of receipt.
A copy must also be filed with the Village Clerk for public inspection
within 10 days of the date of the decision. The Commission's
decision shall state the reasons for denying or modifying any application.
A preservation work permit is limited to an authorization of the work shown on plans required by § 75-28.
A preservation work permit shall be valid for 24 months after
the date on which the resolution granting it was adopted. However,
if hardship or circumstances beyond the applicant's control prevent
commencement or completion of the project before the permit expiration
date, the Commission may, based on adequate documentation from the
applicant to support its claim for relief, grant an extension of the
permit for an additional twelve-month period.
After the expiration of the extension period has ended, a person
may make a repeat application for a preservation work permit as often
as desired. The procedure for a repeat application is the same as
the procedure for an initial application.
In an historic district formed in accordance with the provisions of this chapter, if a sign or signs do not conform to the Standards of Visual Compatibility, as defined in § 75-26, Appendix D, the owner of said sign will be given the opportunity to bring said sign into conformity in accordance with the following schedule:
A.
Replacement. The owner of said nonconforming sign shall have one
year from the effective date of this chapter to replace or alter said
existing sign to conform to the Standards of Visual Compatibility
and and/or in accordance with a preservation work permit.
B.
Removal. Where an owner of said nonconforming sign elects not to
cause said sign to conform to the Standards of Visual Compatibility,
said owner shall remove said sign within one year from the effective
date of this chapter.
C.
Abandonment. Where the owner of an improvement has abandoned the
activity within said improvement, any sign identifying said activity
shall be removed or demolished within 30 days of said abandonment.
For the purposes of this section, conclusive proof of abandonment
shall be the cessation of said activity identified by said sign for
a period of 12 months.
Following the denial of a preservation work permit, an applicant
may request a certificate of economic hardship. If applying for a
permit to improve, alter or demolish an individual landmark or a structure
located in and contributing to the significance of an historic district,
in order to prove the existence of hardship, the applicant shall establish
that:
A.
Denial will prevent the property from earning a reasonable return
on investment, regardless of whether that return represents the most
profitable return possible.
B.
The property cannot be adapted for any other use, whether by the
current owner or by a purchaser, which would result in a reasonable
return on investment.
C.
The alleged hardship has not been self-created.
D.
Efforts to find a purchaser in acquiring the property and preserving
it have failed.
A.
After receiving notification from the Commission as to its decision,
an applicant may commence the hardship process. No building permit
or demolition permit shall be issued once a hardship application has
been filed until the Commission has made a finding as to whether or
not 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.
If no public hearing is held, the Commission must render a decision
on the hardship application within 30 days following its receipt of
a complete application.
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.
E.
All decisions of the Commission shall be in writing and shall state
the reasons for granting or denying the application. A copy shall
be sent to the applicant by certified mail, return receipt requested,
and a copy filed with the Village Clerk for public inspection.
Any person aggrieved by a decision of the Commission relating
to a certificate of economic hardship or a preservation work permit
may, within 10 business days of the decision, file a written appeal
to the Village Board of Trustees for review of the decision. Appellate
review shall be based on the same record that was before the Commission
and using the same criteria as set forth in the chapter.
A.
Nothing is this chapter shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of an
historic landmark or property within an historic district that does
not involve a change in design, building materials, color, or outward
appearance.
B.
The Commission may evaluate and decide, without public hearing, whether
or not the proposed work constitutes ordinary maintenance and repair
or requires full review and a public hearing.
C.
Owners of properties designated as an individual landmark or included
within an historic district shall be responsible for the ordinary
maintenance and repair of these buildings and their exterior architectural
features.
D.
No owner or person with an interest in real property designated as
an individual 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 structural component or architectural
feature, including but not limited to:
(1)
Deterioration of exterior facades, walls, chimneys, roofs, porches,
steps, and trim.
(2)
Deterioration of vertical or horizontal supports, including beams,
joists, foundations, and footings.
(3)
Ineffective waterproofing, maintenance or repair of exterior walls,
roofs, or foundations, including broken windows or doors.
(4)
Defective or insufficient weather protection for roofs, foundations
or exterior wall covering, or weathering due to lack of paint or other
protective covering.
(5)
Any fault or defect in the structure which renders it not properly
watertight or otherwise compromises the life and character of the
building or structure.
E.
Owners of vacant structures must ensure they are stabilized and made
secure from the elements and vandalism.
F.
Owners of real property must ensure that landscaping, including fencing,
is properly maintained. Regular mowing, weed control, pruning, and
trimming of trees and shrubs so that they do not become overgrown
or interfere with public use of sidewalks and streets is required.
A.
All work performed pursuant to a preservation work permit issued
under this chapter shall conform to the requirements expressly stated
therein, or reasonably implied therefrom.
B.
It shall be the duty of the Code Enforcement Officer to periodically
inspect such work to assure compliance with the permit and all applicable
law. In the event of any noncompliance with the permit, the Code Enforcement
Officer may issue a stop-work order and/or order to remedy until compliance
with the permit is achieved.
C.
Any owner or person in charge of a property who demolishes, alters,
constructs, or permits a designated property to fall into a serious
state of disrepair in violation of this chapter in the absence of
a preservation work permit, a finding of economic hardship, or other
approval by the Commission, may be required by the Village Board of
Trustees to restore the property and its site to its appearance prior
to the violation.
D.
A person who fails to comply with the requirements of this chapter
shall be subject to a fine of not more than $50 each day the violation
continues and/or civil action for abatement of the violation as determined
by the Village Board of Trustees of the Village of Coxsackie.
A.
Appendix A to Chapter 75 of the Code is adopted as attached hereto and shall be entitled: "Designated Historic Districts."
B.
Appendix B to Chapter 75 of the Code is adopted as attached hereto and shall be entitled: "Designated Landmarks."
