[Added 2-28-2002 by L.L. No. 1-2002]
It is hereby declared as a matter of public
policy that the protection, enhancement and perpetuation of landmarks
and historic districts are 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 Town of New Paltz has
many significant historic, architectural and cultural resources which
constitute its heritage, this article is intended to:
A.
Protect and enhance the landmarks and historic districts
which present distinctive elements of the historic, architectural
and cultural heritage of the Town;
B.
Focus attention on and foster civic pride in the historic
resources of the Town;
C.
Protect and enhance the attractiveness of the Town
to visitors and support and provide stimulus to the local economy;
and
D.
Ensure the harmonious, orderly and efficient growth
and development of the Town.
There is hereby established a commission to
be known as the "Historic Preservation Commission of the Town of New
Paltz," hereinafter referred to as the "Commission."
A.
The Commission shall consist of five members who shall
be appointed by the Town Board. Persons residing within the Town of
New Paltz who shall have demonstrated significant interest in and
commitment to the field of historic preservation evidenced 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 appointment as members of the Commission.
The Town Historian shall be an ex officio member of the Commission.
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 Town Board shall designate a member of the Commission
to act as Chairman thereof. The Commission shall elect from among
its members a Vice Chairman who shall serve as Recording Secretary.
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.
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 Town;
D.
Proposal of identified structures or resources to
be designated as landmarks and recommendations to the Town Board on
the creation of historic districts;
E.
Acceptance on behalf of the Town of the donation of
facade easements and development rights; the making of recommendations
to the Town Board 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 Town Board concerning the
utilization of state, federal or private funds to promote the preservation
of landmarks and historic districts with the Town;
H.
Making recommendations to the Planning Board regarding
applications for site plan review or subdivisions of real property
containing landmarks or within a 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 Town Board where its preservation is essential to the purposes
of this article and where private preservation is not feasible;
K.
Approval or disapproval of applications for certificates
of appropriateness pursuant to this article; and
L.
Making recommendations to the Town Board for the creation
and establishment of historic districts.
A.
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;
(2)
Is identified with historic personages;
(3)
Embodies the distinguishing characteristics of an
architectural style;
(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.
B.
Notice of a proposed designation shall be sent by
registered mail to the owner of the property proposed for designation
appearing on the most recent real property tax rolls of the Town,
describing the property proposed and announcing a public hearing by
the Commission to consider the designation to be held not less than
20 days after the date the notice is mailed to the owner. Simultaneously
with the mailing of such notice, the Commission shall cause a copy
of the same to be delivered to the Building Inspector and to the Assessor
for their respective review and comment. 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.
C.
The Commission shall hold a public hearing on the
date set forth in the notice prior to designation of any landmark.
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 or historic district. 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 Town Clerk, with the Building Inspector and
with the Town Assessor. The Commission decision shall state the reasons
for granting, modifying or denying a landmark designation.
D.
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 a 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 which affect the appearance and cohesiveness of a historic
district, without first obtaining a certificate or appropriateness
from the Commission.
B.
The Town 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.
Any application for a variance, special use permit,
site plan, building permit, demolition permit, sign permit or subdivision
affecting a landmarked property or any property within a historic
zoning district under this chapter or a structure or premises listed
in the National Register of Historic Places shall be referred to the
Commission for its recommendations in order to facilitate the review
process and for a certificate of appropriateness, if necessary.
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 alteration 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; and
(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, demolition permit or sign permit
shall be issued for such proposed work until a certificate or 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 Town. The Building Inspector shall refer any application for
a certificate of appropriateness on property within a historic zoning
district or a landmark property to the Commission within 10 working
days of receipt by the Building Inspector or by such other deadline
established by the Commission.
C.
The Commission shall approve, approve with modifications,
or deny the certificate of appropriateness within 62 days from receipt
of the completed application. The Commission shall hold a public hearing
on the application at which an opportunity will be provided for proponents
and opponents of the application to present their views.
D.
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 Town Clerk and the Town 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.
The Historic Preservation Commission shall comply
with the provisions of the State Environmental Quality Review Act
under Article 8 of the Environmental Conservation Law and its implementing
regulations.
All work performed pursuant to a certificate
or 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 a property within a historical district which does
not involve a change in design, material, color or outward appearance.
B.
No owner or occupant of real property designated as
a landmark or included within a 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 a historic district as a whole or the
life and character of the property itself. Examples of such deterioration
include:
(1)
Deterioration of exterior wall 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.
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 alterations have been made in the features described in § 140-123 of this article without the owner having first obtained a certification of appropriateness.
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 Town Zoning
Board of Appeals.
B.
The Zoning Board of Appeals shall review the decision of the Commission at a public hearing noticed in accordance with Article XVI, Public Hearings, of this chapter, such public hearing to be held within 30 days after the application for review is filed with the Building Inspector, at which time an opportunity to comment on the application shall be afforded to all interested parties and to any member of the public. The Zoning Board of Appeals shall decide the application within 62 days after the public hearing, 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.
[Amended 5-24-2007 by L.L. No. 2-2007]
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 § 140-122A 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 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 Town Clerk.
B.
Costs shall not be allowed against the Town Board
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
for a fine of not less than $50 nor more than $250.
B.
Any person who constructs, alters, demolishes or permits
a property designated as a landmark 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 Town Attorney,
who shall be entitled to recover, in addition to the fine, all costs
and expenses incurred by the Town in pursuing compliance with this
article.
C.
This civil remedy shall be in addition to and not
in lieu of any criminal prosecution and penalty.
