[HISTORY: Adopted by the Town Board of the Town of Pleasant Valley 6-12-2002 by L.L. No. 4-2002. Amendments noted where applicable.]
There exist within the Town structures which, by reason of their antiquity or uniqueness of architectural construction or design, are of particular historic significance to the heritage of the Town. The regulations set forth in this chapter are intended to effect and accomplish the protection, enhancement and perpetuation of the external features of these structures.
The Town Board shall compile a list of properties which contain one or more historic structures, which list may be amended from time to time at the discretion of the Town Board. Such structures are eligible for inclusion on an official Historic Register of the Town upon election by the owner. Any structure included on this Historic Register shall be entitled to a waiver of fees as per § 56-10 of this chapter and shall be subject to the restrictions imposed by this chapter.
The Town Board shall consider the following criteria when determining whether to include a structure on the list of structures eligible for inclusion on the Historic Register:
Following adoption of such a list, the Town Board shall give written notice, to the owner of each structure included on the list, that the structure is eligible for inclusion on the Historic Register. Such notice shall be given by regular mail sent to the address of the property on which the structure is located.
If the owner of any such structure elects to include this structure on the Historic Register, the owner shall sign and file with the Town Clerk an election form which shall be provided by the Town with the notice described above. All owners of record shall sign the election form in order for it to be effective. The owner of the property may request that other historic structures or landmarks on the site be included on the list, and, if the Town Board concurs, it may amend the list of properties set forth in § 56-2 above.
In addition to the above, an owner of a structure included on said list may at any time obtain an election form from the Town and then sign and file it with the Town Clerk for inclusion of the structure on the Historic Register.
Once an owner has elected to include his/her structure on the Historic Register, this election is permanent and cannot be revoked without approval of the Town Board.
The Town Board may, from time to time, update and amend the list of structures eligible for inclusion on the Historic Register.
After an owner has elected to include his/her structure on the Historic Register, the Town Board shall provide to the owner a Historic Register plaque to be placed on each historic structure on such property.
Unless specifically defined below, words or phrases in this chapter shall have their common meaning so as to give this chapter its most reasonable application.
- Any act or process that changes one or more of the exterior architectural, structural or cosmetic features of a structure.
- CERTIFICATE OF APPROPRIATENESS
- A certificate issued by the Planning Board indicating its approval of plans for alteration, construction (as defined herein) or demolition of a structure listed on the Town's Historic Register.
- CERTIFICATE OF ECONOMIC HARDSHIP
- A certificate, issued by the Zoning Board of Appeals, authorizing an alteration, construction or demolition, even though a certificate of appropriateness has been previously denied.
- The act of making an addition to an existing structure listed on the Town's Historic Register.
- Any act or process that destroys in part or in whole a structure listed on the Town's Historic Register.
- Any change that is not construction or alteration.
No person shall carry out any exterior alteration of a structure or any construction (as defined herein) or demolition of a structure listed on the Town's Historic Register without first obtaining a certificate of appropriateness from the Planning Board or a certificate of economic hardship from the Zoning Board of Appeals. Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a structure listed on the Town's Historic Register. Painting and staining are to be considered ordinary maintenance.
An owner shall submit an application to the Planning Board on a form provided by the Board. The Board may hold a public hearing on the application. It is the intent of the Town that such applications shall be classified as Type II actions under the State Environmental Quality Review Act. After the Planning Board has accepted the application as complete, the Planning Board shall approve or deny the application, or approve it with modifications, within 45 days.
In reviewing this application, the Planning Board shall give consideration to:
The general design, character and appropriateness of the proposed alteration, construction or demolition.
The historic or architectural value or significance of the structure to the rest of the structure.
The relationship of the exterior architectural features of such structure to the rest of the structure.
The general compatibility of exterior design, arrangement, texture and materials proposed, in relation to the existing structure and the surrounding area.
The scale of the proposed alteration or construction in relation to the structure itself, surrounding properties and the neighborhood.
The restoration of the structure more closely to its original design by considering allowing the removal of additions made over the years which have no architectural or historical significance and conflict with the original structure.
All decisions of the Planning Board shall be in writing. A copy shall be sent to the applicant, and a copy shall be filed with the Town Clerk. The Planning Board's decision shall state the reasons for denying or modifying any application. If the Planning Board approves the application, the Board shall issue a certificate of appropriateness.
An applicant whose application for a certificate of appropriateness has been denied may apply for relief to the Zoning Board of Appeals on the grounds of economic hardship. In order to prove the existence of economic hardship the applicant must establish that the cost of the alternative acceptable to the Planning Board is prohibitive as compared to the cost of the alternative proposed by the applicant. Economic hardship shall not be determined on the basis of the personal finances of the applicant.
All decisions of the Zoning Board of Appeals shall be in writing. A copy shall be sent to the applicant, and a copy shall be filed with the Town Clerk. The Board's decision shall state the reasons for approving or denying the application. If the Zoning Board of Appeals approves the application, the Board shall issue a certificate of economic hardship.
The certificate of appropriateness or certificate of economic hardship required by this chapter shall be in addition to, and not in lieu of, any building permit and/or any other permits and approvals required by any local, state and federal agencies.
See Chapter 98, Zoning, for penalties.
The Town shall not charge any fees to the applicant for the submission and review of an application for a certificate of appropriateness and/or a certificate of economic hardship. The Town shall waive all fees for any building permit and/or demolition permit required for the alteration, construction or demolition which is the subject of a certificate of appropriateness or a certificate of economic hardship.