[HISTORY: Adopted by the Town Board of the Town of Niskayuna 4-26-2022 by L.L. No. 3-2022. Amendments noted where applicable.]
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
When used in this chapter, unless a different meaning clearly
appears from the context, the terms listed below shall have the following
meanings:
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.
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.
The Niskayuna Historic Preservation Commission.
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.
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.
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.
A list of historic properties determined to meet specific
criteria of significance.
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.
The National Register of Historic Places authorized by the
National Historic Preservation Act of 1966.
The Planning Board and Zoning Commission of the Town of Niskayuna.
The State Register of Historic Places established pursuant
to § 14.07 of the New York State Parks, Recreation and Historic
Preservation Law.
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:
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.
The Town Board of the Town of Niskayuna.
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.
A.
Pursuant to Town Board Resolution No. 2020-244, the Commission may
recommend, for designation by the Town Board, a building, structure,
object, site, or historic district for the Town Register of Historic
Places if it:
(1)
Is associated with events that have made a significant contribution
to the broad patterns of Niskayuna's history; or
(2)
Is identified with historic personages or the lives of persons significant
in Niskayuna's history; or
(3)
Embodies distinctive characteristics of a type, period, or method
of construction, or that represents the work of a master, or that
possesses high artistic values, or that represents a significant and
distinguishable entity whose components may lack individual distinction;
or
(4)
Has yielded, or may be likely to yield, information in prehistory
or history.
B.
Each building, structure, or object added to the Town Register of
Historic Places will be eligible to receive a plaque acknowledging
placement on the Register.
C.
The Town of Niskayuna Register of Historic Places is strictly a local
honorary listing. Properties placed on the Register are given only
Town-wide historic recognition.
D.
Owners of properties on the Historic Register have no restrictions
on the use or maintenance of their property as a result of this designation.
E.
Each site or historic district added to the Town Register of Historic
Places will be eligible to receive a historic road marker acknowledging
its history and placement on the register.
A.
Prior to issuing any demolition or relocation permit on a building
or structure more than 49 years old, the Town of Niskayuna Building
Department shall notify the Historic Preservation Commission, by providing
30 days' written notice, identifying the building or structure
for which such permit is sought by address and name of owner or owners,
unless, in the opinion of the Building Department, the structure poses
an imminent danger to health and safety.
B.
The Historic Preservation Commission shall evaluate and document
the building or structure for historic or architectural significance
appropriately, as may be necessary, during the thirty-day notice period
prior to issuance of any such demolition or relocation permit.
C.
In the event that the Building Department has received no comment
from the Historic Preservation Commission within 30 days after such
notification, or if within 30 days the Historic Preservation Commission
notifies the Building Department in writing that it has no objection
to the issuance of the requested permit for demolition or relocation,
then the demolition or relocation permit may be issued, if the same
is otherwise deemed appropriate.
D.
In cases where additional or more extensive research may be required
prior to making a determination, the Historic Preservation Commission,
in conjunction with the Building Department, shall notify the applicant
of his/her right to submit evidence and proof in support of the demolition
or relocation application. Once this information is received, the
Commission shall fix a reasonable time to hold a public hearing on
each application for a demolition or relocation permit. Notice of
the public hearing shall be published at least 10 days prior to the
hearing in an official newspaper of the Town and shall be mailed by
the applicant at least 10 days prior to the hearing to all owners
of lots within 500 feet of the perimeter of the subject lot. The Commission,
applicant, and any interested parties may present testimony or documentary
evidence at the hearing which will become part of the record regarding
the historic, architectural, archeological or cultural importance
of the subject building.
E.
The determination of the Commission shall be in writing and shall
be filed with the Town Clerk, Town Board, Building Inspector, Planning
Board, Zoning Board of Appeals and the applicant within 30 calendar
days from the close of the public hearing.
(1)
If the Commission determines that the demolition or relocation permit
should be issued, its determination shall so state and set forth its
reasons for such determination.
(2)
If the Commission determines that the demolition or relocation permit
shall be issued with conditions, its determination shall so state
and set forth its reasons for such determination. Failure to comply
with such conditions shall result in revocation of the demolition
or relocation permit.
F.
If the Commission determines that a demolition or relocation permit
should be issued, they may request an additional 60 days to document
anything of historic importance prior to the final demolition or relocation,
or request permission to document anything of historic importance
during the final demolition or relocation.
G.
If the Commission determines that the demolition or relocation permit
should not be issued, it shall so state and set forth its reasons
for such determination. In arriving at its determination, the Commission
shall consider, in addition to any other pertinent factors, the following
criteria in assessing whether the historical, architectural, archeological
or cultural significance of the subject building outweighs any special
circumstances or potential hardships posed to the applicant:
(1)
Whether the subject building is associated with events that have
made a significant contribution to, and are identified with, United
States history, New York history or locally significant history.
(2)
Whether the subject building is associated importantly with the lives
of persons significant to United States history, New York history,
or local history.
(3)
Whether the subject building represents some great idea or ideal
of the American people.
(4)
Whether the subject building embodies the distinguishing characteristics
of an architectural type specimen exceptionally valuable for the study
of a period, style, or method of construction, or that represents
a significant, distinctive and exceptional entity whose components
may lack individual distinction.
(5)
That is composed of integral parts of the environment not sufficiently
significant by reason of historical association or artistic merit
to warrant individual recognition but collectively compose an entity
of exceptional historical or artistic significance, or outstandingly
commemorate or illustrate a way of life or culture.
I.
Land development.
(1)
Land development adjacent to or within any site listed on the Town Register of Historic Places is also subject to the Historic Preservation Committee review and determination process as outlined in § 130-5 of this code herein prior to issuance of any planning and zoning approvals or building permits.
J.
Appeals.
(1)
Town Board review. Any determination, decision, or order of the Commission
made pursuant to or within the scope of this chapter may be reviewed
by the Town Board at the request of any person aggrieved thereby provided
that such review is commenced by the filing of a notice of appeal
to the Town Board within 30 days after the Commission files with the
Town Clerk its determination. Such notice of appeal shall specify
the grounds for seeking review.
(2)
In making its determination on the appeal, the Town Board shall review the written determination of the Commission in conjunction with the permit application and the criteria set forth in § 130-5G, and consider the appropriateness of the demolition or relocation, as well as the health, safety, morals and general welfare of the Town, with particular attention given to the needs of the residents and industries within the historic area or any special circumstances or hardship that the applicant may choose to bring forward.
(3)
Based on its determination of appeal, the Town Board shall issue
a written determination directing the Building Inspector to issue
or deny a demolition or relocation permit to the applicant.
(4)
If no person appeals, the determination of the Commission becomes
final and binding upon the applicant and Building Inspector.
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.
A.
Every person convicted of an offense against this code shall be punishable
by a fine of not more than $1,000 or by imprisonment for not more
than 60 days, or both such fine and imprisonment. Each day that a
violation continues shall be deemed a separate offense.
B.
Appropriate actions and proceedings may be taken at law or in equity
by the Building Inspector or the Town Board to prevent unlawful demolition
or relocation or to restrain, correct or abate a violation of a building,
structure or premises; and these remedies shall be in addition to
any penalties or actions prescribed in this chapter.
