It is hereby declared as a matter of public policy that the
protection, enhancement, and perpetuation of landmarks, historic buildings
and historic properties is necessary to promote cultural and educational
opportunities for the public. It is the intent of the Town of Niskayuna
to follow the terms of the National Historic Preservation Act of 1966
and the mandates of the New York State Commissioner of Parks, Recreation
and Preservation Office. In as much as the identity of a people is
founded on its past and recognizing that Niskayuna has many significant
historic, architectural, and cultural resources which constitute its
heritage, this chapter is intended to:
A. Protect and enhance the buildings, structures, objects, sites, and
districts which represent distinctive elements of Niskayuna's
historical, architectural, and cultural heritage;
B. Foster public knowledge, understanding, and appreciation for the
character of Niskayuna and promote civic pride in the character and
accomplishments of its past;
C. Protect and enhance Niskayuna's attractiveness to its residents
and visitors, as well as the support and stimulus to the economy thereby
provided;
D. Promote and encourage continued private ownership and stewardship
of historic structures;
E. Identify as early as possible conflicts between the preservation
of structures/landmarks/districts and alternative land uses;
F. Determine the effective resolution of any conflict between the preservation
of structures/landmarks/districts and alternative land uses;
G. Ensure harmonious, orderly, and efficient growth by integrating future
development of Niskayuna with our historic past; and
H. Establish a Historic Preservation Commission, as outlined below in §
130-3, available to provide guidance and technical assistance to owners of landmark properties when restoration work is being contemplated.
When used in this chapter, unless a different meaning clearly
appears from the context, the terms listed below shall have the following
meanings:
ARCHITECTUAL SIGNIFICANCE
The quality of a building or structure based on its date
of erection, style, and scarcity of same, quality of design, present
condition, and appearance or other characteristics that embody the
distinctive characteristics of a type, period, or method of construction.
BUILDING
Any construction created to shelter any form of human use,
such as a house, garage or barn, and which is permanently affixed
to the land, including public buildings such as schools, shops, railroad
stations, etc. "Building" may also refer to a historically related
complex, such as a house and a barn.
COMMISSION
The Niskayuna Historic Preservation Commission.
HISTORIC DISTRICT
An area which contains or possesses a significant concentration,
linkage, or continuity of sites, buildings, structures, or objects
united historically or aesthetically by plan or physical development.
HISTORIC PRESERVATION
The identification, study, documentation, protection, acquisition,
restoration, rehabilitation, management, maintenance and use of buildings,
structures, objects, sites and historic districts, significant in
the history, architecture, or culture of the Town of Niskayuna, the
State of New York or the United States.
HISTORIC PROPERTY
Any building, structure, object, site, or district that is
of significance in the history, architecture, archeology, or culture
of the Town of Niskayuna, the State of New York, or the United States,
included on, or potentially eligible for inclusion on the National
Register of Historic Places.
INVENTORY
A list of historic properties determined to meet specific
criteria of significance.
LAND DEVELOPMENT
Any land change, including, but not limited to, clearing,
digging, grubbing, stripping, removal of vegetation, dredging, grading,
excavating, transporting and filling of land, construction, paving,
and any other installation of impervious cover.
NATIONAL REGISTER
The National Register of Historic Places authorized by the
National Historic Preservation Act of 1966.
STATE REGISTER
The State Register of Historic Places established pursuant
to § 14.07 of the New York State Parks, Recreation and Historic
Preservation Law.
SUBSTANTIAL RENOVATION
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure either before the start of construction of
the improvement. The term includes structures which have incurred
substantial damage, regardless of the actual repair work performed.
The term does not, however, include either:
A.
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions.
TOWN BOARD
The Town Board of the Town of Niskayuna.
TOWN REGISTER OF HISTORIC PLACES
The Town of Niskayuna Register of Historic Places established
pursuant to Town Board Resolution No. 2020-244, is a local honorary
listing of buildings, structures, objects, sites, and historic districts
deemed by the Commission to be of significant historic value. Owners
of property on the Historic Register have no restrictions on the use
or maintenance of their property because of this designation.
There is hereby created a Commission to be known as the "Niskayuna
Historic Preservation Commission."
A. The Commission shall consist of no fewer than five members, including
the Town Historian, appointed by the Town Board for staggered four-year
terms.
(1) Members shall have a demonstrated significant interest in, competence
about, knowledge of, or commitment to historic preservation.
(2) To the extent possible, Commission members shall be drawn from the
disciplines of architecture, history, archaeology, historic preservation,
or closely related fields.
B. The Chairperson of the Commission shall be appointed by the Town
Board for a one-year term.
C. The purpose of this Commission shall include:
(1) Conducting inventories of significant historic buildings, structures,
objects, sites, and historic districts within the Town. A record of
these inventories shall be kept at Town Hall.
(2) Establishing the criteria for selection of historic buildings, structures,
objects, sites, and historic districts in the Town of Niskayuna to
be placed on the Town Register of Historic Places.
(3) Recommending to the Town Board suggested buildings, structures, objects,
sites, and historic districts which should be listed on the Town Register
of Historic Places.
(4) Recommendations to the Town Board as to those areas of the Town that
should be designated as Town historic districts.
(5) Increasing public awareness of the value of preserving historic buildings,
structures, objects and sites by developing and participating in public
education programs, conducting preservation workshops, and providing
assistance to owners of historic properties.
(6) Making recommendations to the Town Board concerning utilization of
state, federal, or private funds to promote the preservation of historic
buildings, structures, objects, and sites within the Town of Niskayuna.
(7) Serving in an advisory capacity to the Town Board, Planning Department,
Planning Board and Zoning Commission, Zoning Board of Appeals, and
the Architectural Review Board on all matters that affect or impact
identified or designated historic places or historic districts.
D. The Commission shall meet at least monthly and a quorum for the transaction
of business shall consist of one or more than 1/2 of the Commission's
members.
E. Official actions by the Commission shall require an affirmative vote
by not less than a majority of the full membership of the Commission.
F. The Commission shall coordinate efforts with other agencies on local,
county, state, and federal levels to aid in projects for classifying
historical landmarks.
It is an offense against this code for any person to violate
any provision of this code; to demolish, or relocate any building
or structure more than 49 years old or to substantially renovate or
engage in land development of any site listed on the Town Register
of Historic Places in violation of any provision of this code; to
fail in any manner to comply with a notice, directive or order of
the Building Department or the Historic Preservation Commission; or
to construct, alter or use and occupy any building, structure, premises
or part thereof in a manner not permitted by an approved building
permit.