[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The provisions of Section 30.57[1] are hereby repealed, except that the designations made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]
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:
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.
(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.
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;
(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.
