[HISTORY: Adopted by the Board of Trustees
of the Village of Ellenville 4-27-2015 by L.L. No. 4-2015.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 70.
Unsafe buildings — See Ch. 71.
Zoning — See Ch. 227.
Zoning design standards — See Ch. 228.
[1]
Editor’s Note: This local law also repealed former Ch.
127, Historic Preservation, adopted 6-14-2004 by L.L. No. 1-2004,
as amended.
A.
Pursuant to the provisions of § 96-a and Article 5-K of
the New York State General Municipal Law, the Village Board of Trustees
of the Village of Ellenville hereby finds that:
(1)
There exist in the Village of Ellenville places, sites, areas, objects,
structures and buildings of special historic significance or which,
by reason of famous events or the antiquity or uniqueness of architectural
construction and design, are of particular significance to the heritage
of the Village.
(2)
The conservation, protection and preservation of such places, sites,
areas, objects, structures and buildings is a public necessity in
harmony with the Village's Comprehensive Master Plan and will
promote the public health, safety and general welfare.
B.
Now, therefore, the Village Board of Trustees hereby declares that
the purpose of this chapter is to accomplish the conservation, protection
and preservation of such places, sites, areas, objects, structures
and buildings.
As used in this chapter, the following terms shall have the
meanings indicated:
Any act or process which changes one or more of the exterior
architectural features of a structure designated as a landmark or
any structure or building in an historic district.
A structure wholly or partially enclosed within exterior
walls or within exterior or party walls and a roof, affording shelter
to persons, animals or property.
The architectural style, design, general arrangement and
components of all of the outer surfaces of any building or structure,
including but not limited to the kind, color and texture of the building
material and the type and style of all windows, doors, lights, signs
and other fixtures appurtenant to said building or structure.
Any area which contains places, sites, structures or buildings
which have a special character and ambience or historical value or
aesthetic interest and which represent one or more periods or styles
of architecture of an era of history and which cause such area to
constitute a distinct section of the Village.
Any place, structure, building, area or object which:
Possesses special character or historic or aesthetic interest
or value as part of the cultural, political, economic or social history
of the locality, region, state, or nation;
Is identified with historic personages;
Embodies the distinguishing characteristics of an architectural
style;
Is the work of a designer whose work has significantly influenced
an age; or
Because of a unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood.
A map to be prepared and maintained by the Village Planner
identifying the location of all landmarks, landmark sites and historic
districts.
Any parcel or part thereof on which is situated a landmark,
and any abutting parcel or part thereof constituting part of the premises
on which the landmark is situated.
Any assembly of materials forming a construction framed of
components, structural parts for occupancy or use, including buildings.
A style recognized by one of the following organizations:
The National Register of Historic Places.
The Historic American Building Survey.
The Historic American Engineering Record, United States Department
of the Interior, National Park Service.
The Division for Historic Preservation, the New York State Office
of Parks and Recreation.
The National Trust for Historic Preservation.
The Society of Architectural Historians.
A.
There is hereby created a commission to be known as the "Joint Historic
Preservation Commission of the Town of Wawarsing and the Village of
Ellenville," hereinafter referred to as "the Commission."
B.
The Commission shall consist of five members to be jointly appointed
by the Mayor of the Village of Ellenville and the Supervisor of the
Town of Wawarsing with the concurrence of the Village Board of Trustees
and the Town Board. Members shall have a known interest in historic
preservation and architectural development within the Village of Ellenville
and the Town of Wawarsing. To the extent of availability in the community,
consideration should be given to balancing representation on the Commission
so as to include such expertise as an architect and an architectural
historian, an attorney, a person familiar with local history, a licensed
real estate broker and a local merchant/businessperson. All members
must demonstrate a significant interest, competence or knowledge in
and commitment to the field of historic preservation.
C.
Commission members shall serve for overlapping terms of three years,
except that the initial term of one of the members shall be for one
year; and the initial terms of two of the members shall be for two
years.
D.
In the event of a resignation or vacancy on the Commission, the Mayor
of the Village of Ellenville and the Supervisor of the Town of Wawarsing,
with the concurrence of the Village Board of Trustees and the Town
Board, shall jointly appoint a replacement member to the Commission
to complete the unexpired term.
E.
The Chairperson of the Commission shall be jointly appointed by the
Mayor of Ellenville and the Supervisor of the Town of Wawarsing with
the concurrence of the Village Board of Trustees and the Town Board.
F.
The powers of the Commission shall include:
(1)
Appointment of professional consultants as necessary to carry out
the duties of the Commission, compensation of whom shall be only as
approved by the Village Board of Trustees or the Town Board, as the
case may be.
(2)
Promulgation of rules and regulations as necessary for the conduct
of its business.
(3)
Adoption of criteria for the identification of significant historic,
architectural and cultural landmarks and for the delineation of historic
districts.
(4)
Providing for surveys of significant historic, architectural and
cultural landmarks and historic districts within the Town or Village.
(5)
Nominating identified places, sites, areas, objects, structures or
buildings as landmarks or historic districts.
(6)
Increasing public awareness of the value of historic, cultural and
architectural preservation by developing and participating in public
education programs.
(7)
Making recommendations to the Village Board of Trustees and/or the
Town Board concerning the utilization of state, federal or private
funds to promote preservation of landmarks and historic districts
within the Village and/or Town.
(8)
Approving or disapproving applications for certificates of appropriateness
pursuant to this chapter.
(9)
Advising owners of property or structures on the physical and financial
aspects of preservation, renovation, rehabilitation and reuse.
(10)
Taking any other action or activity necessary or appropriate
to the implementation of its powers and duties or to the advancement
of the purposes set forth in this chapter.
G.
The Commission shall meet at least monthly, but meetings may be held
at any time on the written request of any three of the Commission
members or on the call of the Chairperson or the Mayor. The Commission
shall provide the Village and Town Clerks with a schedule of its regular
monthly meetings.
H.
A quorum for the transaction of business shall consist of three of
the Commission's members, but not less than a majority of the
full authorized membership may grant or deny a certificate of appropriateness.
A.
Any resident of the Town of Wawarsing (including the Village of Ellenville)
may request the designation of a landmark or historic district by
submitting an application for such designation to the Commission on
a form furnished by the Commission, and the Commission's receipt
of such an application shall initiate a nominating proceeding with
respect to that request. The Commission, in addition, may, on its
own motion, initiate a nomination proceeding.
B.
Upon commencement of a nomination proceeding, the Commission shall
notify the owner or owners of the parcel(s) on which the proposed
landmark sits or which are within the proposed historic district that
a nomination proceeding has begun. Such notice shall be given by certified
mail, return receipt requested, mailed to the address as shown on
the tax rolls of the Village. Any notified owner shall have the right
to confer with the Commission prior to a nomination being made.
C.
The Commission shall submit any nomination it determines appropriate
for designation within the Village of Ellenville to the Village Board
of Trustees within 90 days of the initiation of a nomination proceeding.
The nomination may be limited to the place, site, area, object, structure
building or historic district, as described in the application or
may include modifications or amplifications thereof.
D.
Within 90 days of the receipt of the nomination, the Village Board
of Trustees shall call a public hearing on the nomination. The hearing
shall be advertised in a newspaper of general circulation in the Village
at least 14 days prior to such hearing, and notice thereof shall be
served by certified mail, return receipt requested, postmarked at
least 14 days prior to the date of the public hearing, upon the owner
or owners of the proposed landmark or landmark site or the owners
of property within the proposed historic districts mailed to the address
as shown on the tax rolls of the Village. No place, structure, building,
area, or object within the Village of Ellenville shall be designated
as a landmark or landmark site and no area shall be designated as
an historic district unless authorized by the Village Board of Trustees
pursuant to a public hearing duly advertised as herein provided.
E.
The Village Board of Trustees shall decide whether to designate a
landmark or an historic district. The decision of the Village shall
be filed with the Village Clerk, and notice of the decision shall
be mailed by the Village Clerk to the owner(s) of the subject property
by certified mail, return receipt requested. The Village Clerk shall
also give notice of the decision to the Building Department.
F.
When the Village Board of Trustees has designated a landmark or historic
district, the Village Clerk shall forward notice of each property
designated and the boundaries of any designated historic district
to the Ulster County Clerk for recordation.
G.
No application for designation of a landmark or historic district,
if denied, may be renewed for a period of one year from the date of
the initial filing before the Commission.
H.
Upon notification that the Village Board of Trustees has designated
a landmark or historic district, the Building Department shall immediately
cause all property so designated to be identified as such in the records
of the Building Department and shall cause such property to be indicated
on the Landmark and Historic District Map, if same exists.
A.
Upon the initiation of a nomination proceeding before the Commission,
the Commission shall give notice to the Building Department that the
Village is considering the place, site, area, object, structure or
building for designation as a landmark or as part of an historic district.
Upon receipt of that notice, the Building Department shall not issue
any permit for the demolition, alteration or improvement of said place,
site, area, object, structure or building in the limited instance(s)
where such activity affects any exterior portion thereof until there
is a final determination by the Village Board of Trustees on the landmark
designation.
B.
Upon designation of a landmark, landmark site or an historic district,
the Commission shall document the condition of the exterior of the
landmark, site or structures within an historic district with photographs
and any other documentation deemed appropriate, which shall become
a permanent part of the Building Department record with respect to
that property or properties. At least once a year thereafter, the
Commission shall again document the condition of the exterior of the
landmark with photographs, which shall be added to the permanent record
of the Building Department, shall compare the photos with those from
earlier periods to determine if any changes have been made to the
landmark, site or historic district, and shall submit to the Village
Board of Trustees a brief annual report on the condition of each landmark,
site or historic district.
A.
No structure, site, place, area, object or building designated as
a landmark or landmark site nor any place, site, structure, building
or property located wholly or partly within the boundaries of the
historic district shall be constructed, repaired, moved, demolished,
or in any way incur alterations to its exterior without first obtaining
a certificate of appropriateness from the Commission.
B.
Procedure for obtaining a certificate of appropriateness.
(1)
Prior to the commencement of any work requiring a certificate of
appropriateness, the owner shall file an application for such certificate
with the Commission on the form provided by the Commission. The application
shall show the structure in question and also give its relation to
adjacent structures and shall describe the exterior construction,
alteration, repair, moving or demolition sought to be accomplished.
(2)
No building permit may be issued for the proposed changes until the
Commission has acted on the application for a certificate of appropriateness.
(3)
The Commission shall review only plans relating to the exterior features
of a landmark or structure within an historic district as are visible
from a public way and shall have no jurisdiction to consider interior
walls, arrangements or structures.
(4)
In reviewing the plans, the Commission shall give consideration to:
(a)
The historical and architectural value and significance of the
building or structure and its relationship to the historic and architectural
value of the surrounding area.
(b)
The general appropriateness of the proposed exterior design,
colors, arrangement, texture and materials. Samples of materials may
be required.
(c)
Any other factors relating to the aesthetic considerations which
the Commission deems pertinent to the benefit of the Village and to
the historic significance of the structure or building and surrounding
area.
(d)
The variation in cost between alternate materials or methods
of construction that could reasonably be utilized to complete the
construction, renovation or repair.
(5)
The Commission shall approve the issuance of a certificate of appropriateness
unless it determines that the proposed work will have a substantial
adverse effect on the aesthetic, historical, or architectural significance
and value of the individual landmark or the historic district.
C.
Exterior alterations, repairs and additions to the structures located
wholly or partly within the boundaries of the historic district or
which are designated as landmarks shall be made consistent with the
building materials and styles of the particular architectural period
of which said building or structure is characteristic. Reasonable
substitutes of exterior building materials which substantially conform
with original materials shall be permitted under this section upon
prior review of the Commission.
D.
In an historic district, new construction shall be consistent with
the architectural styles and historic value in the historic district.
However, the Commission may approve the construction of buildings
or structures which have a dissimilar architectural style to that
of the historic district if said Commission deems it proper that the
new construction will be in the best interest of the historic district.
E.
Moving of structures designated as landmarks or located wholly or
partly within the boundaries of an historic district may be allowed
as an alternative to demolition.
F.
This chapter shall not apply in any case where the Building Department
or any authorized Village enforcement agency orders or directs the
removal, exterior alteration or demolition of any landmark or structure
within an historic district for the purpose of remedying conditions
determined to be unsafe or dangerous to the health or property of
any person.
G.
The Commission shall issue its decision in writing within 60 days
of the filing of the application for a certificate of appropriateness,
and the decision shall state the reasons on which it is based.
H.
The certificate of appropriateness required by this section of this
chapter shall be in addition to and not in lieu of any permits that
may be required by any other laws or regulations of the Village.
A.
Any person whose application for a certificate of appropriateness
has been denied by the Commission may apply to the Commission for
relief on the ground of hardship within 30 days of being served with
the decision.
B.
The Commission shall review the decision at a meeting within 30 days
after the application for review is filed. The Commission shall decide
the application within 60 days after the meeting, or any adjournments
or extensions thereof. The concurring vote of a majority of the Commission
shall be necessary to reverse or modify the prior determination.
C.
In the case of the denial of an application to demolish the landmark
or structure, the owner must demonstrate to the Commission that:
(1)
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible;
(2)
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
(3)
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
D.
In the case of the denial of a request to make alterations, the owner
must demonstrate to the Commission that the property is incapable
of earning a reasonable return without the alteration being made,
regardless of whether that return represents the most profitable return
possible.
E.
The Commission may hold a hearing on the hardship application at
which an opportunity will be provided for proponents and opponents
of the application to present their views.
F.
The owner 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.
G.
All decisions of the Commission shall be in writing. A copy shall
be sent to the owner by registered mail and a copy filed in the Village
Clerk's Office for public inspection. The Commission's decision
shall state the reasons for granting or denying the hardship application.
If the application is granted, the Commission shall approve only such
work as is necessary to alleviate the hardship.
H.
If the owner applies for hardship determination after being denied
a certificate of appropriateness, the time to file an appeal with
the Village Board of Trustees shall be stayed until the hardship application
is heard and determined. Then such owner may file an appeal as to
any and all determinations of the Commission within 30 days of the
filing of the last decision.
A.
Any person aggrieved by a decision of the Commission relating to
a certificate of appropriateness or relating to a hardship may, within
30 days of the filing of the decision in the Village Clerk's
office, file a written notice of appeal with the Village Clerk for
review of the decision by the Village Board of Trustees.
B.
The Village Board of Trustees shall review the decision of the Commission
at a regularly scheduled or special meeting within 30 days after the
filing of the notice of appeal with the Village Clerk, at which time
an opportunity to comment on the appeal shall be afforded to any interested
party or member of the public. A majority plus one of the full membership
of the Village Board of Trustees is required to overrule or modify
a decision of the Commission.
C.
In reaching its decision, the Village Board of Trustees shall consider
the record before the Commission and use the same criteria. The decision
of the Board shall be in writing and shall state the reasons for granting
or denying the appeal.
All work performed pursuant to a certificate of appropriateness
issued under this chapter shall conform to any requirements included
therein. It shall be the duty of the Building Inspector to inspect
periodically any such work to assure compliance. In the event that
work is found that is not being performed in accordance with the certificate
of appropriateness, or upon notification of such fact by the Commission,
the Building Inspector shall issue a stop-work order and all work
shall immediately cease. No further work shall be undertaken on the
project as long as a stop-work order is in effect.
A.
Nothing in this chapter shall be construed to prevent the ordinary
maintenance, repainting and repair of any exterior architectural feature
of a landmark or property within an historic district which does not
involve a change in outward appearance.
B.
No owner or person with an interest in real property designated as
a 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 exterior architectural feature which would,
in the judgment of the Commission, produce a detrimental effect upon
the character of the historic district as a whole or the life and
character of the property itself.
C.
Examples of such deterioration include:
(1)
Deterioration of exterior walls or other vertical supports.
(2)
Deterioration of roofs or other horizontal members.
(3)
Deterioration of exterior chimneys.
(4)
Deterioration or crumbling of exterior stucco or mortar.
(5)
Ineffective waterproofing of exterior walls, roofs or foundations,
including broken windows or doors.
(6)
Deterioration of any feature so as to create a hazardous condition
which could lead to the claim that demolition is necessary for the
public safety.
A.
Failure to comply with any of the provisions of this chapter shall
result in the termination of any permits issued or any proceedings
commenced under the provisions of this chapter, and penalties for
offenses thereof shall be under the enforcement procedures laws of
the Village. Penalties shall be consistent with the Village Zoning
Ordinance and the Village Building Construction and Fire Prevention
Ordinance[1] for violations, as an offense.
B.
Any person who demolishes, causes exterior alterations or permits
a designated property to fall into a serious state of disrepair, in
violation of this chapter, shall be required to restore the property
and its site to the appearance prior to the violation. Expressly excluded
from penalty under this section is a natural disaster such as a hurricane
or flood or fire damage or fire destruction to a structure not intentionally
caused by the action(s) or omission(s) of the owner or person(s) in
possession of the property. Any action to enforce this subsection
shall be brought by the Village Attorney. This civil remedy shall
be in addition to and not in lieu of any criminal prosecution and
penalty.
The Village Planner of the Village of Ellenville shall be responsible
for appropriate public identification of areas designated as landmarks
or landmark sites on the Landmark and Historic District Map or other
zoning map. The Commission may approve the size, style, color, typography,
material of construction and wording of all privately owned signs
identifying landmarks, landmark sites and properties within historic
districts prior to installation, consistent with the provisions of
this chapter.
