Village of Wappingers Falls, NY Overlay Districts

The provisions of this section apply to the AWP-O District as shown on the Zoning Map, which shall be used to determine the boundary of the AWP-O District. In case of a question or dispute as to the exact location of a boundary on a specific parcel of land, the Village may retain a qualified hydrogeologist at an applicant's expense to make such a determination in the field. An applicant may challenge the Village's determination by retaining a qualified hydrogeologist to make such determination independently. In the event of such a challenge, the Village's hydrogeologist shall review the report of the applicant's hydrogeologist at the applicant's expense and shall make the final determination as to the location of the specific boundary. Any such boundary delineation shall not, by itself, effect a change in the AWP-O District as shown on the Zoning Map. The Zoning Map may only be changed by action of the Village Board as provided in Article XV.

Within the AWP-O District, all of the underlying land use district rules shall remain in effect except as specifically modified by this § 151-63. In case of a conflict between this § 151-63 and the underlying use regulations, the more restrictive shall control. Nothing in this § 151-63 shall be construed to allow uses that are not permitted by the underlying zoning district.

Definitions. The following terms shall, for the purpose of this section, have the meanings herein indicated:

AQUIFER

A consolidated or unconsolidated geologic formation, group of formations or part of a formation capable of yielding a significant or economically useful amount of groundwater to wells, springs or infiltration galleries.

CHLORIDE SALT

Any bulk quantities of chloride compounds and other deicing compounds intended for application to roads, including mixes of sand and chloride compounds in any proportion where the chloride compounds constitute over 8% of the mixture. A bulk quantity of chloride compounds means a quantity of 1,000 pounds or more but does not include any chloride compounds in a solid form. Including granules, which are packaged in waterproof bags or containers which do not exceed 100 pounds each.

FERTILIZER

Any commercially produced mixture generally containing phosphorous, nitrogen, and potassium which is applied to the ground to increase nutrients to plants.

GROUNDWATER

Water contained in interconnected pores and fractures in the saturated zone in an aquifer.

HAZARDOUS SUBSTANCE

Any substance, including any petroleum by-product, which may cause harm to humans or the environment when improperly managed. A complete list of all hazardous substances except for petroleum by-products can be found in 6 NYCRR 597.3 Tables 1 and 2 and amendments thereto.

HAZARDOUS WASTE

See 6 NYCRR Part 371 and amendments thereto for the identification and listing of hazardous wastes.

HERBICIDE

Any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed, as defined in Environmental Conservation Law § 33-0101 and amendments thereto.

PESTICIDE

Any substance or mixture or substances intended for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant, and being those substances defined as pesticides pursuant to Environmental Conservation Law § 33-0101 et seq. and amendments thereto.

PETROLEUM

Oil or petroleum of any kind and in any form, including, but not limited to, oil, petroleum fuel oil, oil sludge, oil refuse, oil mixed with other waste, crude oil, gasoline, and kerosene, as defined in 6 NYCRR 597.1(b)(12) and amendments thereto.

POLLUTANT

Any material or byproduct determined or suspected to be hazardous to human health or the environment.

RADIOACTIVE MATERIAL

Any material that emits radiation.

SOLID WASTE

Generally refers to all putrescible and nonputrescible materials or substances, except domestic sewage, sewage treated through a publicly owned treatment works, or irrigation return flows, that is discarded or rejected as being spent or otherwise worthless, including, but not limited to, garbage, refuse, industrial and commercial waste, sludges from air or water treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator residue, construction and demolition debris, and discarded automobiles, as defined in 6 NYCRR 360.2(a) and amendments thereto.

WELL

Any present or future artificial excavation used as a source of public water supply which derives water from the interstices of the rocks or soils which it penetrates, including bored wells, drilled wells, driven wells, infiltration galleries, and trenches with perforated piping (but excluding ditches or tunnels) used to convey groundwater to the surface.

WELLHEAD BUFFER

The area within a radius of 200 feet from any existing or proposed public well within the AWP-O District.

WELLHEAD PROTECTION ZONE

A protective zone surrounding or near a wellhead through which aquifer recharge enters the subsurface and flows toward the public water system well.

Wellhead buffer.

The Village wells shall be protected by a circular wellhead buffer with a 200-foot radius from each well.

Within the wellhead buffer all activities are prohibited except for physical pumping and treatment facilities and controls. The wellhead buffer area shall not be used for any purpose other than public water supply except for nonintrusive recreation uses such as fishing, kayaking, picnicking, playgrounds, nature study, or hiking, as permitted by the District Schedule of Uses.[1] The wellhead buffer area shall be posted prohibiting trespass for any purpose except as permitted in this subsection.

Editor's Note: The District Schedule of Uses is included as 151 Attachment 2 of this chapter.

Hazardous substances, such as gasoline, fertilizers, herbicides, pesticides, paints, deicers/salt, motor oil, or antifreeze shall not be stored within the water treatment plant or anywhere on the Village water treatment plant property. Water treatment and laboratory chemicals shall be properly stored and labeled with spill cleanup/containment equipment available to personnel.

No fueling, maintenance, or washing of vehicles shall be conducted on the water treatment plant property. All vehicles parked on the water treatment plant property must be maintained in good repair to prevent leaks and spills.

Wellhead protection zone. Water quality of the aquifer that recharges the Village wells shall be protected with a wellhead protection zone, which shall include all of the AWP-O District. The following shall apply to the AWP-O District:

General provision, nondegradation standard. No use shall be allowed which can be calculated or anticipated to degrade the quality of groundwater or surface water in a manner that poses a potential danger to public health or safety, and no permits or approvals shall be issued for any use which violates this standard. Compliance with applicable standards, requirements, and permit conditions imposed by federal, state, or county agencies shall be deemed to constitute compliance with this standard, unless otherwise defined herein.

Specific uses and activities prohibited. Within the AWP-O District, the following uses and activities shall be specifically prohibited. If the uses listed below are regulated by any state or federal agency, the definitions of such uses contained in applicable state or federal laws and regulations shall apply.

The production, processing and storage of petroleum, and asphalt products.

The disposal, storage or treatment of hazardous substances, radioactive material, and hazardous and solid waste material.

Construction and demolition landfills as defined in 6 NYCRR Part 360.2.

Outside storage of any materials which, in the opinion of the Code Enforcement Officer and the Village of Wappingers Falls Superintendent of the Department of Public Works, could contaminate groundwater resources.

Solid waste management facilities not involving burial, including incinerators, composting facilities, liquid storage, regulated medical waste, transfer stations, recyclables handling and recovery facilities, waste tire storage facilities, used oil, C&D processing facilities, each as defined in 6 NYCRR 360.2.

Chloride salt storage facilities.

Vehicle repair, body shops, and vehicle salvage.

Gasoline stations.

(i)

Cemeteries, including animal cemeteries.

(j)

Funeral homes engaging in embalming.

(k)

Dry-cleaning plants.

(l)

Photo labs.

(m)

Furniture stripper/painter, metal works, wood preserves.

(n)

Use of pesticides and herbicides on public lands.

(o)

Disposal of pesticides and herbicides, and of water used for pesticide/herbicide make-up or washing of equipment used for application of pesticides and herbicides.

(p)

Use of Wappinger Lake as a source of water for the washing of equipment used in conjunction with pesticide or herbicide application.

(q)

The production, processing and storage of coal, coal tar, petroleum and asphalt products, including, but not limited to, coke manufacture, illuminating gas production, petroleum refining, bulk gasoline and petroleum products storage, asphalt products, linoleum manufacture, oilcloth manufacture and roofing material manufacture.

(r)

Deicing chloride salt use on public lands, which shall be restricted to the minimum amount needed for public safety as determined by the Village Highway Superintendent.

Purpose and intent.

The Village Board finds that there exist within the Village of Wappingers Falls places, sites, structures and buildings of historic or architectural significance, antiquity, uniqueness of exterior design or construction which should be conserved, protected and preserved to maintain the historic architectural character of the Village, to contribute to the aesthetic value of the Village, and to promote the general good, welfare, health and safety of the Village of Wappingers Falls and its residents.

The Village of Wappingers Falls believes it is important that the aforementioned historic resources be afforded proper recognition by Village residents and be protected for the continuing use and enjoyment of future residents within the community. The Village specifically finds that many of these vital and irreplaceable historic structures have heretofore been afforded recognition, though not protection, through their inclusion in the Wappingers Falls historic district, which is listed on the National Register of Historic Places. The Village further finds that preservation of Wappingers Falls' historic architectural character will foster civic pride in the beauty and architectural achievements of the past and result in economic benefits to Wappingers Falls by uniformly preserving its heritage and distinctive character.

This section is designed to provide for the protection of structures which, by reason of their antiquity, uniqueness, setting, historical association or architectural distinction or quality, have been recognized by their inclusion in the Wappingers Falls historic district, and in any locally designated historic district, both for their contribution to a strong sense of identity within the community and for the tangible linkages they provide to the Village's historic, architectural, and cultural heritage.

The purpose of the Historic Overlay (HO) District is to promote the general welfare by providing for the protection, enhancement, perpetuation, and use of buildings, structures, signs, features, improvements, and sites within the Village that reflect special elements of the Village's historical, architectural, cultural, economic or aesthetic heritage for the following reasons:

To foster public knowledge, understanding, and appreciation in the beauty and character of the Village and in the accomplishments of its past;

To ensure the harmonious, orderly, and efficient growth and development of the Village;

To enhance the visual character of the Village by fostering design of new construction that complements the Village's historic buildings;

To provide for the careful evaluation of any proposed action that would cause the alteration or demolition of any historic structure within the district;

To protect and promote the economic benefits of historic preservation to the Village, its inhabitants and visitors;

To protect property values in the Village;

To promote and encourage continued private ownership and stewardship of historic structures; and

To conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment.

Enabling authority. Pursuant to New York General Municipal Law §§ 96-a and 119-dd; Article 14 of the Parks, Recreation and Historic Preservation Law; and § 10 of the Municipal Home Rule Law, it is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of historic districts are necessary to promote the cultural, economic and general welfare of the public.

Applicability.

The provisions of this section apply to all new construction within the H-O District, and to all alterations and demolition of any historic structure located within the H-O District. The foregoing shall include any structure so designated on Village-owned property.

ARCHITECTURAL SIGNIFICANCE

Within the H-O District, all of the underlying land use district rules shall remain in effect except as specifically modified by this § 151-64. In case of a conflict between this § 151-64 and the underlying land use regulations, the more restrictive shall control.

Definitions. The following terms shall, for the purpose of this section, have the meanings herein indicated:

ALTERATION

Any exterior change, construction, reconstruction, restoration, removal, or covering over of a structure or exterior architectural feature(s) thereof. "Alteration" shall not include routine maintenance or repair of a structure required by normal wear and tear that does not involve a change in design, building materials, or outward architectural appearance of the structure, nor does it include replacement-in-kind as defined herein. Interior alterations that do not affect the exterior architectural features of the structure are not regulated by this section.

The quality of a 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.

CERTIFICATE OF APPROPRIATENESS

An official form issued by the Planning Board stating that the proposed alteration, new construction, or demolition of a structure is in accordance with the provisions of this section and therefore: 1) the proposed work may be completed as specified in the certificate; and 2) the Code Enforcement Officer may issue any permits needed to do the work specified in the certificate.

CERTIFICATE OF HARDSHIP

An official form issued by the Planning Board when the denial of a certificate of appropriateness has deprived, or will deprive, the owner of the property of all reasonable use of, or economic return on, the property.

DEMOLITION

The act of pulling down, destroying, removing, moving, relocating, or razing a structure or portion thereof, or commencing the work of total or substantial destruction with the intent of completing same, including removal of a structure.

DEMOLITION PERMIT

A permit issued by the Code Enforcement Officer authorizing the demolition of a structure or portion thereof.

EMERGENCY DEMOLITION

A demolition authorized pursuant to the New York State Uniform Building Code[1] or Chapter 59, Unsafe Buildings, of the Village Code when, after inspection, it is determined by the Code Enforcement Officer or the Fire Chief, after consultation with the Village Engineer, that a structure poses an imminent threat to the health or safety of the community that cannot be adequately mitigated and that immediate demolition is necessary to protect public health and safety.

EXTERIOR ARCHITECTURAL FEATURES

The architectural style, design and general arrangement of the exterior of any structure, including, but not limited to, the kind and texture of the siding and other building materials and the type and style of the trim, doors, windows, steps, entryways, and other architectural features, but shall not include the light fixtures on any structure as long as such fixtures conform with § 151-46.

HISTORIC SIGNIFICANCE

The quality of a place, site, building, district or structure based upon its identification with historic persons or events in the Village of Wappingers Falls.

HISTORIC STRUCTURE

Any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district, including the Wappingers Falls historic district, or a district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed in the New York State Register of Historic Places (a listing maintained by the New York State Historic Preservation Office); or

Individually listed in a local inventory of historic places, or certified as contributing to the historical significance of a district locally designated as historic, by the Village Board.

NEW CONSTRUCTION

The erection or installation of any new structure or any addition to an existing structure that requires a building permit pursuant to Chapter 64, Building Code Administration, of the Village Code.

REMOVAL OF A STRUCTURE

A type of demolition that involves relocation of a structure or portion thereof to another location on the same lot or on another lot. The removal of a structure shall be considered a demolition even if a demolition permit is not required from the Code Enforcement Officer.

REPLACEMENT-IN-KIND

Replacement-in-kind shall be the replacement of an exterior architectural feature with the same design, size and materials as the original. Repainting a structure that has previously received a certificate of appropriateness with the identical color(s) shall be considered replacement-in-kind.

Editor's Note: See the New York State Uniform Fire Prevention and Building Code, Chapter 18 of the New York Consolidated Laws, Article 18.

Certificate of appropriateness.

No person shall carry out any alteration, new construction, or demolition of a structure without obtaining both a certificate of appropriateness from the Planning Board and, when required, a building or demolition permit from the Code Enforcement Officer. The certificate of appropriateness required by this section shall be in addition to, and not in lieu of, any building permit or other approval required by the Village of Wappingers Falls Code.

The Code Enforcement Officer shall not issue a building or demolition permit for any activity regulated by this section, other than in the case of an emergency demolition as provided in Subsection M herein, until the Planning Board has issued a certificate of appropriateness, or subsequently, upon request for review of the disapproval of such certificate of appropriateness, a certificate of hardship.

Application procedure.

The Planning Board is authorized to review and approve, approve with modifications, or disapprove issuance of a certificate of appropriateness.

An application for a certificate of appropriateness shall be initially submitted to the Code Enforcement Officer and, if deemed sufficient by the Code Enforcement Officer, shall be transmitted to the Planning Board within seven days of receipt.

Application requirements for certificate of appropriateness.

All applications for a certificate of appropriateness shall be submitted to the Planning Board, in writing, on forms prescribed by the Village, and shall be accompanied by hard copies of all required materials in a number as required by the Planning Board, together with an electronic file of all submitted materials in a format prescribed by the Village. Additional copies may be required due to review and referral requirements set forth in NYS Village Law, General Municipal Law, or Environmental Conservation Law.

In order to be considered complete, an application for a certificate of appropriateness shall include the following information, except as may be waived by the Planning Board on a case-by-case basis due to the nature of the specific request:

Location and Tax Parcel ID number(s) of property, and name, mailing address, e-mail address, and telephone number of owner and applicant, if different.

A complete description of the proposed work adequate to provide a full understanding of the work to be done.

Photographs and a brief description of any structure proposed to be altered, expanded, or demolished, including approximate date of construction, name of architect if known, historic and/or architectural significance, and a description of the setting, including related grounds, accessory buildings and structures and property boundaries.

Construction drawings, materials list, and samples of all building materials and colors to be used.

Past 10 years' chronology of the use, occupancy and ownership of the property.

Any other information specific to the alteration, new construction or demolition, required by the Planning Board to make a determination on the application for a certificate of appropriateness, including data to demonstrate compliance with the criteria for approval set forth in Subsection I herein below.

For a proposed demolition, plans for the redevelopment of the property, including:

A redevelopment plan for the property that provides for a replacement or rebuilt structure for the structure being demolished or relocated, indicating in sufficient detail the nature, appearance and location of all replacement or rebuilt structures; or

For property to remain vacant, a restoration plan for the property following demolition, including a description of the materials, grading, landscaping, and maintenance procedures to be utilized to ensure that the restoration conforms to the approved plan and that landscaping survives in a healthy condition; and

When applicable, a treatment plan for any walls of adjacent buildings exposed as a result of the demolition.

A Short or Full Environmental Assessment Form as required by the Planning Board pursuant to SEQRA, Article 8 of the Environmental Conservation Law, and 6 NYCRR Part 617. If demolition is proposed in conjunction with the alteration or new construction of a structure, the Environmental Assessment Form shall consider both actions.

Determination of code enforcement officer. Upon submission of a complete application, the Code Enforcement Officer shall determine:

Whether the proposed work constitutes routine maintenance and repair, or replacement-in-kind, for which a certificate of appropriateness is not required.

Whether the proposed work requires a certificate of appropriateness from the Planning Board under the provisions of this section.

Criteria for approval of a certificate of appropriateness.

General criteria. The Planning Board shall approve the issuance of a certificate of appropriateness 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 property itself, the district, or neighboring properties in such district.

Alteration. In reviewing an application for a certificate of appropriateness for the alteration of a structure, the Planning Board shall determine whether the proposed alteration is appropriate, based on the following standards:

Insofar as possible, the proposed alteration shall retain exterior architectural features of the structure which contribute to its historic character as seen from the public right-of-way or other public spaces, or which contribute to the overall character and integrity of the H-O District.

Historic features shall be altered as little as possible.

Alteration of the structure shall be compatible with its historic character. The Planning Board shall be guided, where appropriate, by the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.

In applying the principle of compatibility, the Planning Board shall consider the following factors:

The general design, character and appropriateness of the proposed alteration to the structure;

The scale of the proposed alteration in relation to the structure and the district;

Texture and materials, and their relation to similar features of the structure and similar structures of the same historic period and style;

Visual compatibility, including proportion of the property's front facade, proportion and arrangement of windows and other openings within the facade, roof shape, and the rhythm or spacing of properties along the street, including consideration of setback and the treatment of yard areas; and

The importance of the structure and its architectural or other features to the historic significance of the property, the H-O District, or other structures on the lot.

[6]

The history, use, occupancy and ownership of the property.

[7]

Information and/or testimony as to the appropriateness or inappropriateness of the proposed alteration in connection with the purpose and intent of this section.

New construction. Criteria for approval of a certificate of appropriateness for new construction.

New construction shall be compatible with the historic district in which it is located and shall not detract from the historic significance of the property, district or adjacent structures within the district or from the community character of the H-O District. In applying the principle of compatibility, the Planning Board shall consider the following factors:

The general design, character, appropriateness and visual compatibility of the proposed new construction in relation to the property itself, adjacent structures, and the neighborhood.

The scale of proposed new construction in relation to adjacent structures and the neighborhood.

The proposed texture and materials, and their relation to similar features of adjacent structures.

The visibility of the property from adjacent structures, and the neighborhood.

Information and/or testimony as to the appropriateness or inappropriateness of the proposed structure in connection with the purpose and intent of this section.

Nothing herein shall prohibit the Planning Board from granting a certificate of appropriateness for new construction of a structure of exceptional architectural merit if the Planning Board finds, in writing, that the exceptional architectural merit of the new structure outweighs any visual impacts on nearby regulated structures.

Additions to existing structures. Compatible additions that do not compromise the character of the historic building or destroy significant architectural features are appropriate within the H-O District. While additions may reflect the point in time of their construction, they should respect the architectural character and fabric of the historic building and its surroundings as follows:

The material, style, and detail of design of additions should be compatible with the original structure.

Additions should be located, designed and constructed so that the character-defining features of the original structure are not obscured, destroyed, damaged or radically changed.

The size and scale of additions should be limited so that the integrity of the original structure is not compromised.

Changes in height that alter the character and scale of the existing structure to accommodate an addition are not appropriate.

Site disturbance for construction of additions should be minimized to reduce the possibility of destroying site features and/or existing trees.

[6]

Stone walls, natural rock formations or other cultural features should be retained and incorporated into proposed plans to the maximum extent practicable.

Building design. To facilitate implementation of the foregoing provisions for alteration and new construction, the Village Board may adopt a Pattern Book with illustrations and information on development patterns and architectural character in the Village. In such case, the applicant shall demonstrate to the satisfaction of the Planning Board that the proposed project is consistent with the Village of Wappingers Falls Pattern Book. Terms used throughout the Pattern Book that imply guidelines or recommendations shall be interpreted to mean required standards. For instance, the word "should" shall be interpreted to mean "shall;" the words "recommended" and "encouraged" shall be interpreted to mean "required."

The Planning Board may waive any requirement of the Wappingers Falls Pattern Book upon written request from an applicant. When determining whether to grant a requested waiver, the Planning Board shall consider the existing natural and constructed features of the site and the impact of the waiver on the historic character of the neighborhood and the H-O District.

Any conditions of approval imposed by the Planning Board to ensure compliance with the Wappingers Falls Pattern Book may be incorporated into a deed restriction and/or a plat or site plan notation, to the extent required by the Planning Board.

(5)

Demolition. Criteria for approval of a certificate of appropriateness for demolition.

In reviewing an application for a certificate of appropriateness for the demolition of all or a portion of a structure, the Planning Board shall consider whether:

The structure is of such architectural or historic significance that its demolition would be to the detriment of the public interest.

Retention of the structure in its current form and/or at its present location is important to the Village's history or character or to the cohesiveness and character of the H-O District.

The structure is of such old and unusual or uncommon design, texture and material that it could be reproduced only with great difficulty, or not at all.

Retention of the structure would help preserve and protect an historic place or area of historic interest in the Village.

Retention of the structure would promote the general welfare by maintaining real estate values and encouraging interest in American history and architecture.

[6]

Whether throughout the review process the applicant has consulted cooperatively with the Planning Board, local preservation groups and other identified interested parties in a diligent effort to seek an alternative that would result in preservation of the structure.

In order to approve the issuance of a certificate of appropriateness for demolition, the Planning Board shall find that the demolition will not result in a significant avoidable diminution of the historic character of the neighborhood and that one or more of the following additional criteria have been met:

The structure or portion of the structure to be demolished is in such condition that its preservation or restoration would not be feasible.

In the case of removal or demolition of a portion of a structure, the historic characteristics of the remaining portion of the structure will remain intact.

After considering the interests of the public and the owner, the benefits of demolition outweigh any reasonable interest in preserving the building.

Planning board review procedure. Upon receipt of a complete application for a certificate of appropriateness, the Planning Board shall either schedule a public hearing or render its decision in accordance with the time frames below.

Public hearing and notice. Within 62 days of the receipt of a complete application, the Planning Board shall hold a public hearing on the certificate of appropriateness if a public hearing is deemed necessary by the Board, unless the time period is extended by mutual agreement between the applicant and the Planning Board.

In determining whether a public hearing is necessary, the Planning Board shall be guided by the expected level of public interest in the project and/or the potential for environmental impact.

Applicants may request a public hearing.

No application for a certificate of appropriateness may be disapproved without a public hearing.

(5)

Public hearing notice:

The Planning Board shall mail notice of the public hearing to the applicant at least 10 days before such hearing, and shall give public notice of said hearing in an official newspaper of the Village at least five days' prior to the date of the public hearing. The Village shall charge the applicant the actual cost of mailing and publishing the notice, or a reasonable fee related thereof, for satisfying this requirement.

Additionally, the Planning Board shall provide notice of the public hearing, including data regarding the substance of the application, to the applicant, who shall mail the notice to the owners of all property lying within 200 feet of the property lines of the property involved in such application at least 10 calendar days' prior to the hearing. The applicant shall provide a certificate of mailing to the Planning Board prior to the public hearing.

The names and addresses of owners notified shall be taken as such appear on the last completed tax roll of the Village.

Provided that there has been substantial compliance with this provision, the failure to give notice in exact conformance herewith shall not be deemed to invalidate an action taken by the Planning Board in either granting or denying a certificate of appropriateness.

For applications that meet the criteria of § 239-nn of the General Municipal Law, the Planning Board shall give notice, either by mail or by electronic transmission, to the clerk of the adjacent municipality at least 10 days' prior to any public hearing.

(6)

Required referral. Prior to taking action on the certificate of appropriateness, the Planning Board shall refer a complete application that meets the referral requirements of §§ 239-l and 239-m of the General Municipal Law to the Dutchess County Department of Planning and Development for its review and recommendation. No action shall be taken by the Planning Board on the application for a certificate of appropriateness until a recommendation has been received from the County Planning Department or 30 days have elapsed since said Department received the complete application.

(7)

The Planning Board shall comply with the State Environmental Quality Review Act (SEQRA).

(8)

Agency and consultant review. In its review of an application for a certificate of appropriateness, the Planning Board may consult with other local, county or state agencies or officials, and its designated private planning and engineering consultants and legal counsel. Reasonable costs incurred by the Planning Board for professional review or other extraordinary expense in connection with the review of a proposed special use permit shall be borne by the applicant and are in addition to any administrative fees charged by the Village, as outlined in Chapter 72, Escrow Deposits, of the Village Code.

(9)

Planning Board action. Within 62 days of the close of the public hearing or within 62 days after the receipt of a complete application by the Planning Board where no public hearing is required, the Planning Board shall act by resolution to either approve, approve with modifications, or disapprove the issuance of a certificate of appropriateness, unless the time period is extended by mutual agreement between the applicant and the Planning Board.

Conditions. The Planning Board, in granting any approval, shall have the authority to impose such reasonable conditions and restrictions as it deems necessary or appropriate on a case-by-case basis to promote or achieve the purpose of this section.

A copy of the decision shall be filed in the Village Clerk's office and mailed to the applicant within five business days of the Planning Board's action. If the Planning Board denies approval of the application for a certificate of appropriateness, the applicant may apply for relief, in accordance with the procedures set forth in Subsection K herein, on the grounds that the determination results in an economic hardship.

(10)

The Code Enforcement Officer and a member of the Planning Board will each conduct a site visit to verify that all improvements have been completed in accordance with the approved Certificate of Appropriateness before a Certificate of Occupancy is issued by the Building Department.

Certificate of hardship. An applicant whose certificate of appropriateness has been denied may apply for relief on the grounds of hardship.

No person who has been denied a certificate of appropriateness shall carry out any alteration, new construction, or demolition of a structure without obtaining both a certificate of hardship from the Planning Board and a building or demolition permit from the Code Enforcement Officer.

Planning Board review procedure. The Planning Board review procedure for a certificate of hardship shall be the same as for a certificate of appropriateness as outlined in Subsection K herein, except that a public hearing shall be required.

In order to prove the existence of hardship, the Planning Board must find that:

In the absence of the requested hardship determination, the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible.

In the case of a proposed demolition, the applicant shall establish that:

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; and

Efforts to find a purchaser interested in acquiring the property and preserving it have failed; and

The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; and

The requested relief, if granted, will not alter the essential character of the neighborhood; and

The alleged hardship has not been self-created through neglect and waste, thereby permitting the property to fall into a serious state of disrepair.

The applicant shall consult in good faith with the Planning Board, the New York State Historic Preservation Office, preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property.

(5)

The Planning Board shall take into consideration the economic feasibility of alternatives to alteration, new construction, or demolition, and balance the interest of the public in preserving the structure or portion thereof and the interest of the owner in alteration, new construction, or demolition.

(6)

The Planning Board may require that the applicant make submissions concerning any or all of the following information before it makes a determination of hardship:

Estimate of the cost of the proposed alteration, new construction, or demolition, and an estimate of any additional cost that would be incurred to comply with the recommendation of the Planning Board for changes necessary for the issuance of a certificate of appropriateness.

A report from a licensed engineer or architect, with demonstrated qualifications and experience in rehabilitation, regarding the structural condition of any structures on the property and their suitability for rehabilitation.

Estimated market value by a licensed appraiser of the property in its current condition; after completion of the proposed alteration, new construction, or demolition; after any changes recommended by the Planning Board; and, in the case of a proposed demolition, after renovation of the existing property for continued use.

In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation, regarding the economic feasibility of rehabilitation or renovation for reuse of a structure proposed for demolition.

Amount paid for the property, the date of purchase, the party from whom purchased, a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer.

If the property is income-producing, the annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years; and depreciation and annual cash flow before and after debt service, if any during the same period.

Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years.

All appraisals obtained within the previous two years by the owner or applicant in connection with purchase, financing, or ownership of the property.

(i)

Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two years, including testimony and relevant documents regarding: any real estate broker or firm engaged to sell or lease the property; reasonableness of price or rent sought by the applicant; or any advertisements placed for the sale or rent of the property.

(j)

Feasibility of alternative uses for the property that could earn a reasonable economic return.

(k)

Real estate taxes for the previous two years and assessed value of the property according to the two most recent assessments.

(l)

Form of ownership or operation of the property, whether sole proprietorship, for profit or not-for-profit corporation, limited partnership, joint venture, or other.

(m)

Any evidence of self-created hardship through deliberate neglect or inadequate maintenance of the property.

(n)

Any other information deemed necessary by the Planning Board to make a determination of economic hardship.

(7)

Planning Board decision:

The Planning Board shall make a decision within 62 days of the close of the public hearing, unless the time period is extended by mutual agreement between the applicant and the Planning Board.

If the Planning Board finds that the applicant's burden of proof has not been met, the Planning Board shall deny the application for a certificate of hardship.

If the Planning Board finds that without the issuance of a certificate of appropriateness all reasonable use of, or return from, the property will be denied to a property owner, then the Planning Board shall issue a certificate of hardship approving the proposed work.

The decision of the Planning Board shall be in writing and shall state the reasons for granting or denying the hardship application. In granting a certificate of hardship, the Planning Board shall grant the minimum terms deemed necessary and adequate to address the hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. In granting any approval, the Planning Board shall have the authority to impose such reasonable conditions and restrictions as it deems necessary or appropriate on a case-by-case basis to promote or achieve the purpose of this section.

Expiration. Certificates of appropriateness and of hardship for demolition shall be valid for one year from the date of approval and shall expire if:

A complete application for either a building permit or, in the case of a certificate of hardship, an application for a demolition permit is not submitted to the Code Enforcement Officer within one year of the date of approval of the certificate of appropriateness or hardship.

Work authorized under a building permit or demolition permit is not commenced and diligently pursued through the completion of construction or demolition within six months of the issuance of the permit, unless said time frame is extended by the Code Enforcement Officer.