[Adopted 11-14-2001 by L.L. No. 12-2001 (Ch. 34 of the 1978 Code)]
A. 
It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of landmarks and historic districts is necessary to promote the economic, cultural and general welfare of the public. Inasmuch as the identity of a people is founded on its past, and inasmuch as the Village of New Paltz has many significant historic, architectural and cultural resources which constitute its heritage, this article is intended to:
(1) 
Protect and enhance the landmarks and historic districts which represent distinctive elements of the historic, architectural and cultural heritage of the Village;
(2) 
Focus attention on and foster civic pride in the historic resources of the Village;
(3) 
Protect and enhance the attractiveness of the Village to visitors and support and provide stimulus to the local economy; and
(4) 
Insure the harmonious, orderly and efficient growth and development of the Village.
B. 
The provisions of Section 30.57[1] are hereby repealed, except that the designations made and permits issued pursuant to Section 30.57 shall remain in effect, jurisdiction over which is hereby vested in the Historic Preservation Commission established pursuant to this article.
[Added 1-5-2005 by L.L. No. 1-2005]
[1]
Editor's Note: See § 212-29.
There is hereby established a commission to be known as the "Historic Preservation Commission of the Village of New Paltz," hereinafter referred to as the “Commission."
A. 
The Commission shall consist of five members to be appointed by the Mayor, subject to the approval of the Board of Trustees. Persons residing within the Village of New Paltz who shall have demonstrated significant interest in and commitment to the field of historic preservation, evidenced either by involvement in a local historic preservation group, employment or volunteer activity in the field of historic preservation, or other serious interest in the field, shall be eligible for appointments as members of the Commission. The Village Board of Trustees shall have the authority to remove any member of the Commission so appointed for cause, after a hearing if requested by the affected member.
[Amended 1-28-2009 by L.L. No. 4-2009]
(1) 
The local, regional, and national significance of historic Huguenot Street to the economy, culture, and history of New Paltz makes it desirable that the Commission's membership include an appropriately qualified employee or board member of the Huguenot Historical Society. This criterion is more important than the Village residency requirement, and thus the Village residency requirement may be waived for a member of the staff or Board of Directors of the Huguenot Historical Society who is otherwise eligible to serve on the Historic Preservation Commission. The waiver of residency for a member of the Huguenot Historical Society staff or Board of Directors who lives outside the Village shall be limited to one position on the Commission, not to include the Chair or Vice Chair.
[Added 3-7-2007 by L.L. No. 3-2007]
B. 
Commission members shall serve for a term of four years with the exception of the initial term of one of the members, which shall be one year, one which shall be two years, one which shall be three years, and two which shall be for four years.
C. 
The Chairman and Vice Chairman of the Commission shall be appointed by the Mayor from among the members of the Commission.
D. 
The Commission shall meet at least bimonthly.
E. 
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 render a decision regarding landmark status or grant or deny a certificate of appropriateness.
F. 
Alternate members.
[Added 1-28-2009 by L.L. No. 4-2009]
(1) 
The Village Mayor may appoint not more than two alternate members of the Commission, subject to the approval of the Board of Trustees, for terms of two years. Each such alternate member shall attend meetings of the Commission and participate in its deliberations but shall vote only in the event that a member of the Commission is absent or otherwise unable to act with respect to a particular matter. When acting pursuant to the Commission’s authority provided hereby, such alternate member shall have all of the rights and privileges of a member of the Commission.
(2) 
The Chair of the Commission may designate an alternate member to substitute for a member when such member is unable to participate because of a conflict of interest on an application or matter before the Commission. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Commission. Such designation shall be entered into the minutes of the initial Commission meeting at which the substitution is made.
(3) 
All provisions of the Village Code relating to Commission members and conflict of interest, compensation, eligibility, vacancy in office, removal, and service on other boards shall also apply to alternate members.
The powers and duties of the Commission shall include:
A. 
Employment of staff and professional consultants as necessary to carry out the duties of the Commission;
B. 
Promulgation of rules and regulations as necessary for the conduct of its business;
C. 
Conduct of surveys of significant historical, architectural and cultural landmarks and historic districts within the Village;
D. 
Proposal of identified properties to be designated as landmarks and recommendations to the Board of Trustees on the creation of historic districts;
[Amended 1-5-2005 by L.L. No. 1-2005; 10-22-2008 by L.L. No. 9-2008]
E. 
Acceptance on behalf of the Village of the donation of facade easements and development rights; the making of recommendations to the Board of Trustees concerning the acquisition of facade easements or other interests in real property as necessary to carry out the purposes of this article;
F. 
Increasing public awareness of the historic, cultural and architectural preservation of development and participating in public education programs;
G. 
Making recommendations to the Board of Trustees concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the Village;
[Amended 10-22-2008 by L.L. No. 9-2008]
H. 
Making recommendations to the Planning Board regarding applications for site plan review or subdivisions of real property containing landmarks or within an historic district;
I. 
Employment, where justified, of the use of special techniques or policies so as to improve the quality of the area or, where economic assistance is warranted, to provide such aids or other incentives so that privately owned properties may realize a reasonable economic return;
J. 
Recommending acquisition of a landmark structure by the Board of Trustees where its preservation is essential to the purposes of this article and where private preservation is not feasible; and
K. 
Approval or disapproval of applications for certificates of appropriateness pursuant to this article.
[Amended 1-5-2005 by L.L. No. 1-2005]
A. 
Historic District: The Commission may recommend to the Village Board of Trustees the designation of a group of properties as an historic district, if it:
(1) 
Contains properties which meet one or more of the criteria for designation of a landmark; and
(2) 
By reason of possessing such qualities, constitutes a distinct section of the Village.
B. 
Individual property: The Commission may propose an individual property for designation as a landmark if it:
(1) 
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; or
(2) 
Is identified with historic personages; or
(3) 
Embodies the distinguishing characteristics of an architectural style; or
(4) 
Is the work of a designer whose work has significantly influenced an age; or
(5) 
Because of a unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood; or
[Amended 10-22-2008 by L.L. No. 9-2008]
(6) 
Contains significant historical or cultural sites where buildings or structures have never existed or no longer exist and which may have archeological resources that are likely to yield information important to area history or prehistory.
C. 
Notice. Notice of a proposed landmark designation by the Commission shall be sent by registered mail to the owner of the property proposed for designation who appears on the most recent real property tax rolls of the Village. A copy shall be sent to the Building Inspector. Notices shall describe the property proposed and announce a public hearing by the Commission to consider the designation. The hearing shall be held not less than 20 days after the date the notice is mailed to the owner. Once the Commission has issued notice of a proposed designation, no building or demolition permits shall be issued by the Building Inspector nor shall any material change be made to the appearance of the property until the Commission has made its decision.
D. 
Public hearing: Prior to designation of any landmark, the Commission shall hold a public hearing on the date set forth in the notice. The Commission, owner and any interested parties may present testimony or documentary evidence at the hearing which will become part of a record regarding the historic, architectural or cultural importance of the proposed landmark.
[Amended 8-25-2010 by L.L. No. 9-2010]
(1) 
Notice.
[Amended 11-20-2013 by L.L. No. 2-2014]
(a) 
Public notice of such hearing shall be printed in a newspaper of general circulation in the Village at least five days prior to the public hearing.
(b) 
Mailing to adjoining property owners. Notice of the hearing shall be mailed, at least 10 days prior to the date of the public hearing, to the owners of all neighboring real property. Such neighboring property shall be defined as those lots having boundaries contiguous with the boundaries of the plot, piece or parcel of land to which the proposed designation applies and to all other owners of real property which lie within 200 feet of such boundaries.
(c) 
(Reserved)
(d) 
Property signage. The Commission may require that, at least 10 days prior to the initial public hearing, a sign giving notice of the public hearing be posted within 25 feet of each property line having frontage on a road or highway, including the road or highway providing access to the property, so that it is clearly visible to the public from such road or highway. If required, the size of the sign and text shall be approved by the Commission or such Village official as the Commission may designate. The sign shall state that the property has been proposed for landmark designation and shall identify the criteria that justify the proposed designation [§ 9-20B(1) through (6)].
(2) 
The Commission shall make a decision in writing within 62 days of closing of the public hearing and send a copy of its decision to the owner of the property and file a copy with the Village Clerk and the Building Inspector. The Commission decision shall state the reasons for granting, modifying or denying a landmark designation.
E. 
The Commission shall prepare and present to the Ulster County Clerk for recording a notice of each property designated as a landmark and describing the decision of the Commission with regard to such property.
A. 
No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction or moving of a building designated as a landmark or any property within an historic district, nor shall any person make any material change in the appearance of such a property, its light fixtures, signs, sidewalks, fences, steps, paving, major landscape feature or design or other exterior elements without first obtaining a certificate of appropriateness from the Commission.
B. 
The Village Building Inspector shall be responsible for administering and maintaining records of the applications for a certificate of appropriateness, whether or not they are accompanied by an application for a building permit. The Building Inspector shall have the same enforcement capability with respect to a certificate of appropriateness that the Inspector may exercise with respect to a building permit.
C. 
No fees shall be collected for a certificate of appropriateness application.
D. 
The Building Inspector shall refer to the Commission for its recommendations any other applications affecting the exterior of a landmark property, or of any property within an historic district, or of any structure or premises listed in the National Register of Historic Places. Such applications shall include variance, special use permit, site plan, building permit, demolition permit, sign permit, or subdivision.
[Amended 1-5-2005 by L.L. No. 1-2005]
A. 
In passing upon an application for a certificate of appropriateness, the Commission shall not consider changes to interior spaces.
B. 
The Commission's decision shall be based upon the following principles:
(1) 
Historic properties shall be retained with their historic features altered as little as possible.
(2) 
Any alternation of existing property shall be compatible with its historic character, and with the historic character of surrounding properties, if any. Changes that may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.
(3) 
New construction shall be compatible with the historic character of its surroundings.
C. 
In determining compatibility, the Commission shall consider the following factors:
(1) 
The general design, character and appropriateness to the property of the proposed alteration or new construction.
(2) 
The scale of proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood.
(3) 
Texture, materials and color and their relation to similar features of other properties in the neighborhood.
(4) 
Visual compatibility with surrounding properties, including proportion of the property's front facade, proportion and arrangement of windows and other openings within the facade, roof shape, and the rhythm of spacing of properties on the streets, including setback.
(5) 
The importance of historic, architectural or other features to the significance of the property.
A. 
Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such certificate with the Building Inspector. The application shall state, where appropriate:
(1) 
Name, address and telephone number of the applicant;
(2) 
Location and photographs of property;
(3) 
Detailed description of proposed changes;
(4) 
Perspective and elevation drawings, including relationship to adjacent properties;
(5) 
Samples of color and/or materials to be used;
(6) 
Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination and a plan showing the sign's location on the property; or
(7) 
Any other information which the Commission may deem necessary in order to visualize the proposed work.
B. 
No building permit for exterior work, demolition permit or sign permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the Commission. The certificate of appropriateness required by this article 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. The Building Inspector shall refer any application for a certificate of appropriateness on property within the Historic Zoning District or a landmarked property to the Commission within 10 working days of receipt by the Building Inspector or by such other deadline established by the Commission.
[Amended 1-5-2005 by L.L. No. 1-2005; 11-20-2013 by L.L. No. 2-2014]
C. 
The Commission shall approve, approve with modifications, or deny the certificate of appropriateness within 62 days from receipt of the completed application.
[Amended 10-22-2008 by L.L. No. 9-2008]
D. 
The Commission shall hold a public hearing on any application that requires a building permit for exterior work, a demolition permit or a sign permit. The public hearing shall provide the opportunity for proponents and opponents of the application to present their views.
[Added 10-22-2008 by L.L. No. 9-2008[1]; amended 11-20-2013 by L.L. No. 2-2014]
(1) 
Exception: Projects requiring a building permit and judged by the Commission to be sufficiently minor and to have little or no visual impact to public rights-of-way may, at the discretion of the Commission, be approved without a public hearing.
(2) 
Notice.
(a) 
Public notice of such hearing shall be printed in a newspaper of general circulation in the Village at least five days prior to the public hearing.
(b) 
Mailing to adjoining property owners. The applicant shall mail notice of the hearing, at least 10 days prior to the date of the public hearing, to the owners of all neighboring real property. Such neighboring property shall be defined as those lots having boundaries contiguous with the boundaries of the plot, piece or parcel of land to which the application applies and to all other owners of real property which lie within 200 feet of such boundaries.
(c) 
Mailing by applicant. Such notice shall be mailed by the applicant, at his or her sole cost and expense, by depositing a true copy of such notice in a post-paid, properly addressed envelope, in a post office or other official depository under the exclusive care and custody of the United States Postal Service within the State of New York. The applicant shall, at or prior to the date of the public hearing, file with the Secretary of the Commission an affidavit of mailing, as proof of compliance with the foregoing notification procedure.
(d) 
Property signage. The Commission shall require that, at least 10 days prior to the initial public hearing, the owner or applicant post a sign giving notice of the public hearing within 25 feet of each property line having frontage on a road or highway, including the road or highway providing access to the property, so that it is clearly visible to the public from such road or highway. The size of the sign and text shall be approved by the Commission or such Village official as the Commission may designate. The sign shall state that an application for certificate of appropriateness has been submitted for the property and include a description of the proposed project and such other information as the Commission may require. The applicant shall submit a photograph and affidavit, or other satisfactory evidence, at the public hearing that the required signage was duly erected and maintained in good condition until the hearing, and shall ensure that the sign is maintained until after the hearing is closed or the application is withdrawn, whichever occurs first. It shall be a violation of this article for any person, except the applicant or duly authorized Village official, to remove, deface or tamper with duly erected signage during the period it is required by this section to be maintained. The Commission may waive the requirement that signage be erected when it finds that the benefit of such notice would be disproportionate to the cost imposed on the applicant. In such case, a waiver shall be granted by a favorable vote of a majority of its members, and the Commission shall set forth the basis on which it determined the waiver appropriate.
[1]
Editor's Note: This local law also provided that former Subsection D, regarding notification of Commission decisions, be redesignated as Subsection F.
E. 
The Commission shall also, at its discretion, hold a public hearing for any application it deems to have potentially significant impact upon the historic character of any property designated as a landmark or any property within a designated historic district. The public hearing shall be noticed in accordance with Subsection D(2)(a) through (d) above, and shall provide an opportunity for proponents and opponents of the application to present their views.
[Added 10-22-2008 by L.L. No. 9-2008; amended 11-20-2013 by L.L. No. 2-2014]
F. 
All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by certified mail, return receipt requested, and a copy filed with the Village Clerk and the Village Building Inspector for public inspection. The address used for such notification shall be the address of the applicant as shown on his application for the building permit. The Commission decision shall state the reasons for granting, modifying or denying any application.
G. 
Expiration of approval of certificates of appropriateness. If a certificate of appropriateness is not acted upon within one year of its approval by the Historic Preservation Commission, such approval shall be void.
[Added 11-20-2013 by L.L. No. 2-2014]
H. 
Limitations. A certificate of appropriateness shall remain in effect for a period of two years from the original approval date. If the authorized project is not completed within that time, the applicant may petition the Historic Preservation Commission to extend the approval. The applicant's petition must include specific reason(s) for failure to complete the authorized work within two years. Extensions will be granted at the sole discretion of the Commission.
[Added 11-20-2013 by L.L. No. 2-2014]
All work performed pursuant to a certificate of appropriateness issued under this article shall conform to any requirements included therein. It shall be the duty of the Building Inspector to inspect any such work to assure compliance. In the event work is performed 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 article shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark, a property under consideration for landmark designation, or property within a historical district which does not involve a change in design, material, color or outward appearance.
B. 
Deterioration.
(1) 
No owner or occupant of 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 a landmark or an historic district as a whole or the life and character of the property itself.
(2) 
Examples of such deterioration include:
(a) 
Deterioration of exterior wall or other vertical supports;
(b) 
Deterioration of roofs or other horizontal members;
(c) 
Deterioration of exterior chimneys;
(d) 
Deterioration or crumbling of exterior stucco or mortar;
(e) 
Ineffective waterproofing of exterior walls, roofs or foundations, including broken windows or doors;
(f) 
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.
C. 
The Building Inspector shall conduct an annual survey of all buildings designated as landmarks to determine that they are not in a state of disrepair and that no changes have been made in the features described in § 9-21A of this article without the owner having first obtained a certificate of appropriateness.
A. 
Any person aggrieved by a decision of the Commission relating to landmark designation may, within 30 days of the filing of the decision in the office of the Village Clerk, make a written application to the Village Clerk for review of the decision by the Board of Trustees.
B. 
The Board of Trustees shall review the decision of the Commission at a regularly scheduled or special meeting within 30 days after the application for review is filed with the Village Clerk, at which an opportunity to comment on the appeal is afforded to all interested parties or any member of the public. A majority plus one of the membership of the Board of Trustees is required to change a decision of the Commission.
C. 
In reaching its decision, the Board of Trustees shall consider the record of the case provided to the Commission. Any new issues, additional information or considerations must first be referred to the Commission for its initial determination.
A. 
Any person whose application for a certificate of appropriateness has been denied by the Commission may apply for relief on the ground of hardship, within 30 days of the filing of the decision in the office of the Building Inspector, by making a written application to the Building Inspector for review of the decision by the Village Zoning Board of Appeals.
B. 
The Zoning Board of Appeals shall review the decision of the Commission at a regularly scheduled or special meeting within 30 days after the application for review is filed with the Building Inspector, at which an opportunity to comment on the application is afforded to all interested parties or any member of the public. The Zoning Board of Appeals shall decide the application within 62 days after the meeting, or any adjournments or extensions thereof. The concurring vote of a majority of the Zoning Board of Appeals shall be necessary to reverse or modify a decision of the Commission.
C. 
In order to prove hardship, the applicant shall demonstrate to the Zoning Board of Appeals that:
(1) 
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
(2) 
The alleged hardship relating to the property is unique and does not apply to a substantial portion of the district or neighborhood;
(3) 
The requested use, if approved, would not alter the criteria for the designation of landmarks as described in Subsection A of § 9-20 of this article; and
(4) 
The alleged hardship has not been self-created, which consideration shall be relevant to the decision of the Zoning Board of Appeals, but shall not necessarily preclude the granting of relief.
A. 
Any person aggrieved by a decision of the Board of Trustees in the review of a decision of the Commission regarding landmark designations or a decision of the Zoning Board of Appeals regarding certificates of appropriateness may apply to the Supreme Court for relief by a proceeding under Article 78 of the Civil Practice Law and Rules. The proceeding must be commenced within 30 days after the filing of the decision appealed from in the office of the Village Clerk.
B. 
Costs shall not be allowed against the Board of Trustees or the Zoning Board of Appeals unless it shall appear to the Court that it acted with gross negligence or in bad faith or with malice in making the decision appealed from.
C. 
If upon the hearing at the Supreme Court, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the Court with his or her findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made. The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review determining all questions which may be presented for determination.
A. 
Failure to comply with any of the provisions of this article shall be deemed a violation, and the violator shall be liable to a fine as set annually by resolution of the Board of Trustees.
[Amended 10-22-2014 by L.L. No. 13-2014]
B. 
Any person who constructs, alters, demolishes or permits a property designated as a landmark or one included within a Historic Zoning District to fall into a serious state of disrepair in violation of this article shall be required to restore the property and its site to its appearance prior to the violation. Any action to enforce this article shall be brought by the Village Attorney, who shall be entitled to recover, in addition to the fine, all costs and expenses incurred by the Village in seeking compliance with this article.
[Amended 10-22-2008 by L.L. No. 9-2008]
C. 
This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.
[Added 10-22-2008 by L.L. No. 9-2008]
Should any section or provision of this article be adjudicated by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the article as a whole or any part thereof, other than the part so adjudicated to be unconstitutional or invalid.