[HISTORY: Adopted by the Board of Trustees of the Village of Piermont
9-1-1981 by L.L. No. 5-1981. Amendments noted where applicable.]
A.
The Board of Trustees of the Village of Piermont hereby
finds that:
(1)
There exist in the Village of Piermont places, sites,
structures and buildings of special historic significance or places, sites,
structures and buildings which, by reason of famous events, their antiquity
or uniqueness of architectural construction and design, are of particular
significance to the heritage of our Village, town, county, state and country.
(2)
The conservation, protection and preservation of such
places, sites, structures and buildings is a public necessity in harmony with
the Village plan and will promote the public health, safety and general welfare.
B.
Now, therefore, the Board of Trustees of the Village
of Piermont hereby declares that the purpose of this chapter is to accomplish
the conservation, protection and preservation of such places, sites, 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 ambiance 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 or building of historical value or aesthetic
interest by reason of its antiquity or uniqueness of architectural design
or as part of the development, heritage or cultural characteristics of the
Village, town, county, state or country.
A 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 component
structural parts for occupancy or use, including buildings.
Style recognized by one of the following organizations:
The National Register of Historic Places.
The Historic American Buildings Survey.
The Historic American Engineering Record, United States Department of
the Interior, National Park Service.
The Division for Historic Preservation, New York State Office of Parks
and Recreation.
The Rockland County Historical Society.
The National Trust for Historic Preservation.
The Society of Architectural Historians.
A.
Any owner of property may request the designation of
such property as a landmark site or historic district by submitting to the
Village Board of Trustees a written request for such designation. In addition,
the Village Board of Trustees may, on its own motion, initiate proceedings
for the designation of publicly owned property as a landmark, landmark site
or historic district.
B.
In the event that the Village Board of Trustees decides
to entertain an application for designation, notice shall be given by the
Village Board of Trustees to the Building Inspector and to the owners of all
property located within 200 feet of the exterior boundary lines of the subject
parcel or parcels, and notice shall also be published in the official newspaper
of the Village.
C.
The Village Board of Trustees shall either approve or disapprove an application within 90 days after compliance with Subsection B of this section. The approval may limit itself to the proposed historic district or landmark site as described in the application or may include modifications thereof.
D.
If the Village Board of Trustees disapproves the application,
the proceedings with regard to the proposed historic district, landmark or
landmark site shall terminate. In the event that no decision is rendered within
90 days, the application shall be deemed disapproved. No application shall
be renewed for a period of six months from the date of the initial filing.
Notice of approval or disapproval shall be filed by the Village Board of Trustees
with the Village Clerk and the Village Clerk shall mail such notice of approval
or disapproval to the owners of the subject property and to the Building Inspector.
Upon receipt of notice that the Village Board of Trustees is considering
a place, site, structure or building for designation as a landmark or landmark
site or as part of an historic district, the Building Inspector shall not
issue any permit for the demolition, alteration or improvement of said place,
site, structure or building for a period of 120 days, unless prior to the
expiration of said period there is a final determination by the Board of Trustees
that said place, site, structure or building has not qualified as a landmark
or landmark site or as part of an historic district. If, within said period,
the Board of Trustees designates the property in question as a landmark site
or as part of an historic district, no building permit shall be issued except
pursuant to the next section of this chapter.
A.
No structure, site, place 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, altered, repaired, moved or demolished, except in compliance
with the requirements set forth in this section.
B.
The Village Board of Trustees shall review all plans
for the moving, exterior construction, alteration or repair, landscaping or
demolition of places, sites, structures or buildings designated as landmarks
or landmark sites and all places, sites, structures or buildings wholly or
partly within the boundaries of the historic district.
(1)
It shall be the duty of the Board of Trustees to review
such plans before a building permit for the proposed activity is granted by
the Building Inspector.
(2)
The Village Board of Trustees shall only review plans
relating to the exterior features of a structure or building as are visible
from the public way and shall have no jurisdiction to consider interior walls,
arrangements or structures.
(3)
In reviewing the plans, the Village Board of Trustees
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 proposed exterior design,
colors, arrangement, texture and materials.
(c)
Any other factors relating to aesthetic considerations
which the Village Board of Trustees deems pertinent to the benefit of the
Village of Piermont and to the historic significance of the structure or building
and surrounding area.
C.
Alterations, repairs and additions to buildings or structures
located wholly or partly within the boundaries of the historic district or
which are designated as landmarks shall be made consistent with the materials
and styles of the particular architectural period of which said building or
structure is characteristic.
D.
New construction shall be consistent with the architectural
styles of historic value in the historic district. However, the Village Board
of Trustees may approve the construction of buildings or structures which
have a dissimilar architectural style to that of the historic district if
said Village Board deems it proper that the new construction will be in the
best interests of the historic district.
E.
Moving of buildings or structures designated as landmarks
or located wholly or partly within the boundaries of the historic district
may be allowed as an alternative to demolition.
F.
Procedure for the review of plans.
(1)
Applications for a building permit to construct, alter,
repair, move or demolish any place, site, structure or building designated
as a landmark or any place, site, structure or building within or on the boundaries
of the historic district shall be made to the Building Inspector pursuant
to the laws and regulations of the Village of Piermont, except as provided
hereafter. The application shall state that the property is a landmark and/or
is located within or on the boundaries of the historic district. Plans shall
be submitted showing the structure or building in question and also giving
its relation to adjacent structures or buildings and the construction, alteration,
repair, moving or demolition sought to be accomplished.
(2)
The Building Inspector shall transmit the application
and the plans to the Village Board of Trustees.
(3)
The Village Board of Trustees shall then review the plans
according to the provisions of this chapter. In reviewing the plans, the Village
Board of Trustees may confer with the applicant or the authorized representative
of the applicant concerning the building permit.
(4)
Grant of relief.
(a)
Notwithstanding any other provisions of this chapter,
if the applicant establishes to the satisfaction of the Village Board that
there is unnecessary hardship in the strict application of the provisions
of this chapter, a notice to proceed will be granted if the applicant provides
proof that the following facts and conditions exist:
[1]
That the land or improvement in question cannot yield
a reasonable return if the proposed construction, removal, alteration or demolition
is not permitted; and
[2]
That the hardship of the applicant is due to unique circumstances;
the proposed alteration, construction, removal or demolition will not alter
the essential character of the area; and the hardship is the result of the
application of the chapter and is not the result of any act or omission by
the applicant.
(b)
Any relief granted shall be in conformance with the objectives
of this chapter.
(5)
The Village Board of Trustees shall approve, modify and
approve or disapprove such plans within 60 days after receiving the application
and said plans and shall transmit a copy of its findings and determination
to the Building Inspector and the applicant. If the Village Board of Trustees
fails to act within 60 days of receipt of the application, the application
shall be deemed to have been approved.
(6)
The Building Inspector shall not grant a building permit
until such time as an application has been approved by the Village Board of
Trustees or 60 days have elapsed from the date the application is received
by the Village Board of Trustees.
(7)
Nothing in this chapter shall be construed to prevent
ordinary maintenance or repair, with like materials of similar quality and
color, of any place, site, structure or building designated as a landmark
or landmark site or any property located wholly or partly within the boundaries
of an historic district.
G.
This section shall not apply in any case where the Building
Inspector or any authorized Village enforcement agency orders or directs the
construction, removal, alteration or demolition of any improvement on a landmark
site or in an historic district for the purpose of remedying conditions determined
to be unsafe or dangerous to the life, health or property of any person.
The Building Inspector shall be responsible for appropriate public identification of areas designated as landmarks, landmark sites and historic districts, and a current inventory of sites, structures and buildings designated by the Village Board of Trustees shall be maintained by the Village Clerk, and such inventory shall be deemed a part of this chapter. The Village Board of Trustees must approve the size, style, color, typography, material of construction and working of all privately owned signs identifying landmarks, landmark sites and properties within historic districts prior to installation, consistent with the provisions of § 126-5.
