Hillburn City Zoning Code
ARTICLE XIII
Historic and Architectural Review
§ 250-64 Architectural review.
A.
Findings and purpose. The Village Board hereby finds that excessive uniformity, dissimilarity, or inappropriate or poor quality of design in the exterior appearance of buildings or other structures erected or altered can adversely affect the desirability of the immediate and neighboring areas and, by doing so, impair the benefits of occupancy of existing property in such areas, impair the stability in value of both improved and unimproved properties in such areas, and prevent the most appropriate development and use of such areas. It is the purpose of this article to prevent these and other potentially harmful effects resulting from unattractive exterior appearance of buildings and other structures erected or altered and thus to promote the public health, safety and welfare, to conserve the value of buildings, to encourage the most appropriate use of land and to protect and improve the physical and visual appearance of the Village of Hillburn. It is further the purpose of this article to preserve the Village and historic yet rural character of Hillburn and to allow a variety of architectural styles and character while discouraging excessive dissimilarity, inappropriateness or poor quality of design in the exterior appearance of buildings erected or altered.
B.
Planning Board review.
(1)
In order to eliminate inappropriate and poor quality design in the exterior appearance of structures erected, reconstructed or altered in any zoning district in the Village, the Planning Board shall have the powers of architectural review for any site plan, special use permit, or subdivision application subject to Planning Board review and approval. In any site plan or special use permit, the Planning Board shall review all buildings, structures, landscaping, lighting, solid waste areas, and materials and design associated with same. In any subdivision, the Planning Board shall review all common building or structural elements of a plan, including common landscaping, signage, lighting, fences, and structures, including but not limited to stormwater management facilities.
(2)
Any modification, renovation or restoration of the facade, including the lighting of any existing or proposed building other than a one-family detached residence, shall hereby be subject to architectural review by the Planning Board if it is or was the subject of a site plan, special use permit, or subdivision review. Minor revisions of existing facades may be waived by the Planning Board.
(3)
An applicant seeking architectural approval for a new construction project, or a rehabilitation project of an existing building, shall include all proposed wall-mounted and freestanding signs with the application. No application for architectural approval shall be deemed complete, and no approval shall be granted, where said application does not include all exterior signage.
C.
Advisory consultants; responsibilities. The Planning Board is hereby authorized and empowered to retain an architect, landscape architect, or other such expert as it deems desirable or necessary to advise on specific applications. The Board shall restrict its considerations to a reasonable and professional review of the proposal and plans, leaving full responsibility for the design and development to the applicant. The Board shall not design or assist in the design of any buildings or structures submitted for recommendations.
D.
Procedure for review of plan.
(1)
Submission. Upon the filing of a site plan, special use permit or subdivision application, the applicant shall also submit the information set forth herein, and such information that the Planning Board deems necessary to render a decision on the architectural review of the building or structure:
(a)
Any plan submitted to the Planning Board in connection with the application;
(b)
Building permits, renderings, elevations or other information applicable to existing on-site or adjacent buildings, if applicable;
(c)
Architectural data, including plans and elevations, full narrative description of materials, samples, color swatches of all exterior materials, including roofing, trim, siding, windows, doors, lighting fixtures, sidewalk and paving materials to be used; gross building area; height, width and depth;
(d)
Three-dimensional sketch or rendering illustrating significant aspects of construction and exterior design, when deemed necessary and requested by the Planning Board, at a scale deemed appropriate for review by same;
(e)
Any other pertinent details that the Planning Board determines are relevant to the review of the application.
E.
Application completeness. An application shall be deemed incomplete until such time as the applicant has submitted all data required by the Planning Board to render a decision. The Planning Board, at the request of the applicant, may waive any of the required submissions, where said submission is deemed unnecessary in order for the Planning Board to render a decision.
F.
Site visit. The Planning Board is granted authority to visit the site which is the subject of the application.
G.
Submission of preliminary design plans. In connection with the submission of an application, an applicant is encouraged to first submit preliminary designs to the Planning Board for review and comment prior to final design preparation, in order to preclude the burden of submitting multiple revisions of drawings or other materials that are submitted for review.
H.
SEQRA. Actions subject to Planning Board review and decisionmaking shall comply with the regulations implementing the New York State Environmental Quality Review Act.
I.
Time frame and decision. All time frames for a decision shall run concurrent with the decision time frames for any site plan, subdivision or special use permit. The Planning Board may approve; conditionally approve subject to specific modifications; or disapprove any application, where the Board finds that the building for which the permit is applied would, if erected, be so detrimental to the desirability, property values or development of the surrounding area or region as to provoke one or more of the harmful effects set forth in Subsection A above.
J.
Standards. In reviewing the plan, the Board shall give consideration to:
(1)
The architectural value and significance of the structure and its relationship to the surrounding area.
(2)
The general appropriateness of the exterior design, arrangement, texture and materials proposed to be used.
(3)
Where new construction, alterations, repairs or additions are undertaken, they shall be consistent with the architectural style of existing buildings or the architectural style of the surrounding area, if deemed appropriate by the Planning Board. The Planning Board shall specifically consider whether on-site or adjacent buildings are historic, and whether the above shall be consistent with same.
(4)
Excessive dissimilarity or inappropriateness in relation to any other structure, existing or for which a permit has been issued, in respect to one or more of the following features: cubical content, gross floor area, building area or height of roof or other significant design features, such as materials or style of architectural design.
(5)
Excessive similarity to any other structure existing, or for which a permit has been issued, in respect to one or more of the following features of exterior design and appearance: apparently identical front, side or other elevations visible from the street, substantially identical size and arrangement of either doors, windows, porticoes or other openings or breaks in the elevation facing the street, including reverse arrangement; or other significant identical features of design, such as, but not limited to, material, roofline, height or other design elements.
(6)
New structures should be constructed to a height visually compatible with the buildings and environment to which they are visually related.
(7)
The gross volume of any new structure should be visually compatible with the buildings and environment to which it is visually related.
(8)
In the elevations of a building, the proportion between the width and height in the facades should be visually compatible with the buildings and environment to which they are visually related.
(9)
The proportions and relationships between doors and windows in the facades should be visually compatible with the buildings and environment to which they are visually related.
(10)
The rhythm of solids to voids, created by window, door and other openings in the facade, should be visually compatible with the buildings and environment to which it is visually related.
(11)
The existing rhythm created by existing building masses and spaces between them should be preserved, insofar as practicable.
(12)
The materials used in the facades should be visually compatible with the buildings and environment to which they are visually related.
(13)
The texture inherent in the facades should be visually compatible with the buildings and environment to which they are visually related.
(14)
Colors and patterns used on the facades should be visually compatible with the buildings and environment to which they are visually related.
(15)
The design of the roof should be visually compatible with the buildings and environment to which it is visually related.
(16)
The landscape plan should be sensitive to the individual building and to its occupants and their needs. Further, the landscape treatment should be visually compatible with the buildings and environment to which it is visually related.
(17)
All facades should blend with other buildings via directional expression. When adjacent buildings have a dominant horizontal or vertical expression, this expression should be carried over and reflected.
(18)
Architectural details should be incorporated as necessary to relate the new with the old and to preserve and enhance the inherent characteristics of the area.
(19)
The setback of the buildings from the street or property line and the other yard setbacks should be visually compatible with the buildings and environment to which they are visually related.
(20)
Signs should be of a size, scale, style, materials and illumination that are visually compatible with the building to which they relate and should further be visually compatible with the buildings and environment to which they are visually related.
(21)
Any of the factors, including aesthetics, which it deems pertinent.
K.
Design guidelines. The Planning Board, in furtherance of the requirements of the purposes of this section, shall be empowered to enact and adopt by resolution and amend, modify or supplement written rules and regulations constituting specific criteria for consideration under its architectural review powers herein granted.
L.
Substantial change of approved plans. Any substantial change in siting or in the exterior appearance of any approved project may be subject to review and reconsideration by the Planning Board at the discretion of the appropriate referring agency or the Planning Board.
§ 250-65 Historic review.
A.
Purpose. It is hereby declared that the preservation of historic sites, areas, buildings and landmarks located in the Village of Hillburn is essential to the general welfare of the community, and the purpose of this section is to:
(1)
Safeguard the heritage of the Village of Hillburn by preserving sites and districts in the Village which reflect its agricultural, cultural, social, economic, political and architectural history.
(2)
Protect buildings, structures, and areas in the Village which are recognized as architecturally historic sites and landmarks.
(3)
Ensure that new development considers any potential impact on adjoining historic buildings or structures.
(4)
Stabilize and improve property values.
(5)
Foster civic beauty.
(6)
Strengthen the local economy.
B.
Applicability. This section shall apply to any building, structure or property within the Village of Hillburn that is: listed on the National or State Register of Historic Places; eligible for listing on the National or State Register of Historic Places; any building or structure identified in the Village of Hillburn Comprehensive Plan Update in the historic resources section; any building, structure, or property identified by the Village of Hillburn Historian as an historic property; or identified on the Historic Sites and Structures Inventory (1997). Listing or eligibility for listing of a property on the National Register of Historic Places or the State Register of Historic Places shall create a presumption of the historic significance of a property. However, other properties not so listed or documented as eligible for listing may still be considered historic under the provisions of this section. The Code Enforcement Officer shall not issue a building permit or demolition permit until a certificate of approval of the plans has been issued by the Planning Board. No property, building, or structure shall be constructed, altered, repaired, moved or demolished unless such action complies with the requirements hereinafter set forth.
C.
Procedure. Prior to the issuance of a building permit, all plans for the construction, alteration, repair, or demolition of a property, building, or structure regulated by this section shall first be submitted to the Planning Board, which shall have the power to pass upon such plans before a permit shall be granted; provided, however, that the Planning Board shall pass only on such exterior features and shall not consider interior arrangements. In reviewing the plans, the Board shall give consideration to:
(1)
The historic or architectural value and significance of the property, building or structure and its relationship to the historic value of the surrounding area.
(2)
General appropriateness of the exterior design arrangement, texture and materials proposed to be used.
(3)
The scale of proposed alteration or new construction in relation to the property itself, and surrounding properties.
(4)
Texture and materials and their relation to similar features of other historic properties which may adjoin the property or structure under review.
(5)
Visual compatibility with surrounding properties, including proportion of the property's front facade, proportion and arrangement of windows and other openings within the front facade, roof shape, and the rhythm of spacing of properties on streets, including setback.
(6)
The importance of historic, architectural or other features to the significance of the property.
(7)
Any other factor, including aesthetics, which it deems pertinent.
(8)
Alterations, repairs and additions to existing buildings shall be made consistent with the spirit of their architectural style.
(9)
New construction shall be consistent with the architectural style of the historic property.
(10)
Demolition shall be prohibited if the Planning Board shall determine it to be of a particular architectural or historical significance.
(11)
The moving of structures of historic and architectural value may be permitted by the Planning Board as an alternative to demolition.
D.
Procedure for review of plan.
(1)
Application for a building permit to construct, alter, repair, move or demolish any property, building, or structure regulated herein shall be made to the Code Enforcement Officer.
(2)
Upon the filing of such application, the Code Enforcement Officer shall immediately notify the Planning Board and shall transmit to such Board the application and any supporting plans or documents. The Planning Board shall consider such application and shall approve, approve with modifications, or disapprove the plans and, if it shall approve such plans, shall issue a certificate of approval and transmit the same to the Code Enforcement Officer.
(3)
If the Planning Board shall disapprove the plans, it shall so notify the Code Enforcement Officer, who shall thereupon deny the application for a permit.
(4)
Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any property, building or structure.
E.
Advisory review. The Planning Board of the Village of Hillburn is hereby authorized and empowered to retain, as an Historical Advisory Board, the Village Historian, architects and other such experts as it deems desirable or necessary, to advise on specific applications. The Planning Board may also refer any application under this section to the Ramapo Historical Society, the Rockland County Historical Society, and/or the New York State Historic Preservation Office for an opinion as to the historic significance of the structure and recommendations on appropriate restrictions on construction or alteration.
F.
Certificate of appropriateness.
(1)
No person shall carry out any alteration, demolition, or new construction of a regulated building or structure until the Planning Board has issued a certificate of appropriateness or a resolution deeming such certificate is not required and, when required, a building or demolition permit from the Code Enforcement Officer. The certificate of appropriateness required by this section shall be in addition to, and not in lieu of, any building permit or other approval required by the Village of Hillburn Code.
(2)
The Code Enforcement Officer shall not issue a building or demolition permit for any activity regulated by this section, other than in the case of an emergency demolition as provided above, until the Planning Board has issued a certificate of appropriateness or a resolution deeming such certificate is not required or, subsequently, upon request for review of the disapproval of such certificate of appropriateness, a certificate of hardship.
G.
Application requirements for certificate of appropriateness.
(1)
Sketch phase. The sketch application shall include the name, address, and telephone number of the owner and applicant, if different, the property location and tax map number(s), photograph(s), and a sketch or description of the proposed alteration, demolition or new construction. Every sketch phase application for a certificate of appropriateness shall be forwarded by the Code Enforcement Officer to the Planning Board. The applicant shall provide the Code Enforcement Officer with the name, address, and telephone number of the owner and applicant, if different, the property location and tax map number(s), photograph(s), and a sketch or description of the proposed alteration, demolition or new construction.
(2)
Complete application. The following information is required unless waived by the Planning Board in its discretion:
(a)
Photographs and a brief description of any structure proposed to be altered or demolished, including approximate date of construction, name of architect if known, historic and/or architectural significance, and a description of the setting, including related grounds, accessory buildings and structures and property boundaries.
(b)
Past 10 years' chronology of the use, occupancy and ownership of the property.
(c)
A complete description of the proposed work adequate to provide a full understanding of the work to be done.
(d)
Construction drawings and materials lists.
(e)
Any other information specific to the proposed alteration, demolition, or new construction required by the Planning Board to make a determination on the application for a certificate of appropriateness, including data to demonstrate compliance with the criteria for approval set forth below.
(f)
For a proposed demolition, plans for the redevelopment of the property, including at least one of the following:
[1]
A redevelopment plan for the property that provides for a replacement or rebuilt structure for the regulated structure being demolished or relocated, indicating in sufficient detail the nature, appearance and location of all replacement or rebuilt structures; or
[2]
For property to remain vacant, a restoration plan for the property following demolition, including a description of the materials, grading, landscaping, and maintenance procedures to be utilized to ensure that the restoration conforms to the approved plan and that landscaping survives in a healthy condition; and/or
[3]
A treatment plan for any walls of adjacent buildings exposed as a result of the demolition.
(g)
An environmental assessment form (EAF), when applicable. If demolition is proposed in conjunction with the alteration or new construction of a regulated structure, the EAF shall consider both actions.
H.
Criteria for approval of a certificate of appropriateness.
(1)
Alteration. In reviewing an application for a certificate of appropriateness for the alteration of a regulated building or structure, the Planning Board shall determine whether the proposed alteration is appropriate, based on the following standards:
(a)
Insofar as possible, the proposed alteration shall retain exterior architectural features of the regulated structure which contribute to its historic character.
(b)
Alteration of the regulated structure shall be compatible with its historic character. The Planning Board shall be guided, where appropriate, by the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.
(c)
In applying the principle of compatibility, the Planning Board shall consider the following factors:
[1]
The general design, character and appropriateness of the proposed alteration to the regulated structure;
[2]
The scale of proposed alteration in relation to the regulated structure and the applicable district;
[3]
Texture and materials, and their relation to similar features of the regulated structure and similar structures of the same historic period and style;
[4]
Visual compatibility, including proportion of the property's front facade, proportion and arrangement of windows and other openings within the facade, roof shape and the rhythm or spacing of properties along the street or roadway, including consideration of setback and the treatment of yard areas;
[5]
The importance of the regulated structure and its architectural or other features to the historic significance of the Village or other regulated structures on the lot;
[6]
The history, use, occupancy and ownership of the property;
[7]
Information and/or testimony as to the appropriateness or inappropriateness of the proposed alteration.
(2)
Demolition. In reviewing an application for a certificate of appropriateness for the demolition of all or a portion of a regulated structure, the Planning Board shall consider whether:
(a)
The structure is of such architectural or historic significance that its demolition would be to the detriment of the public interest;
(b)
Retention of the structure in its current form and/or at its present location is important to the Village's history or character;
(c)
The structure is of such old and unusual or uncommon design, texture and material that it could be reproduced only with great difficulty, or not at all;
(d)
Retention of the structure would help preserve and protect an historic place or area of historic interest in the Village;
(e)
Retention of the structure would promote the general welfare by maintaining real estate values and encouraging interest in American history and architecture;
(f)
Whether throughout the review process the applicant has consulted cooperatively with the Planning Board, local preservation groups and other identified interested parties in a diligent effort to seek an alternative that would result in preservation of the regulated structure;
(g)
In order to approve an application for a certificate of appropriateness for demolition, the Planning Board shall find that the demolition will not result in a significant avoidable diminution of the historic character of the neighborhood and that one or more of the following additional criteria have been met:
[1]
The structure or portion of the structure to be demolished is in such condition that its preservation or restoration would not be feasible.
[2]
In the case of removal or demolition of a portion of a structure, the historic characteristics of the remaining portion of the structure will remain intact.
[3]
After considering the interests of the public and the owner, the benefits of demolition outweigh any reasonable interest in preserving the building.
(3)
New construction. Criteria for approval of a certificate of appropriateness for new construction of a regulated property, building or structure.
(a)
New construction shall not detract from the historic significance of the property, district or adjacent regulated structures or from the community character. Review of new construction shall be limited to visual compatibility and minimizing impacts to any adjacent regulated structures. In applying the principle of compatibility, the Planning Board shall consider the following factors:
[1]
The scale of proposed new construction in relation to adjacent regulated structures and the neighborhood.
[2]
The proposed texture and materials, and their relation to similar features of adjacent regulated structures.
[3]
The visibility of the property from regulated structures.
[4]
Information and/or testimony as to the appropriateness or inappropriateness of the proposed structure in connection with the purpose and intent of this section.
(b)
Nothing herein shall prohibit the Planning Board from granting a certificate of appropriateness for a structure of exceptional architectural merit if the Planning Board finds, in writing, that the exceptional architectural merit of the new structure outweighs any visual impacts on nearby regulated structures.
I.
Planning Board review procedure.
(1)
Upon receipt of a complete application, the Planning Board shall refer the submission to the Rockland County Department of Planning pursuant to § 239-m of the General Municipal Law, when required.
(2)
The Planning Board shall hold a public hearing within 62 calendar days after receipt of a complete application.
(3)
The Planning Board shall render its written decision and findings within 62 calendar days after the conclusion of the public hearing.
(4)
Conditions. The Planning Board, in granting any approval, shall have the authority to impose such reasonable conditions and restrictions as necessary.
(5)
The Board's decision shall be filed with the Village Clerk and Code Enforcement Officer and mailed to the owner and applicant within five business days. If the Planning Board denies approval of the application for a certificate of appropriateness, the applicant may apply for relief, in accordance with the procedures set forth in Subsection K below, on the grounds that the determination results in an economic hardship.
J.
Waivers. The Planning Board may waive the requirement for a public hearing, in its discretion, upon a finding that the alteration, demolition or new construction will not result in a significant avoidable diminution of the historic character of the regulated structure or property, and that the alteration, demolition or new construction would be appropriate in relation to any other regulated structure existing or proposed within 300 feet after applying the standards set forth in this section.
K.
Certificate of hardship. An applicant whose certificate of appropriateness has been denied by the Planning Board may apply to the Zoning Board of Appeals for relief on the grounds of hardship.
(1)
No person who has been denied a certificate of appropriateness shall carry out any alteration, demolition or new construction of a regulated structure without obtaining both a certificate of hardship from the Zoning Board of Appeals and a building or demolition permit from the Code Enforcement Officer.
(2)
Procedure.
(a)
A public hearing shall be held on the hardship application within 62 days of receipt of a complete application by the Zoning Board of Appeals.
(b)
The Zoning Board of Appeals shall make a decision within 62 days of the close of the public hearing.
(c)
The decision of the Zoning Board of Appeals shall be in writing and shall state the reasons for granting or denying the hardship application. If the application is granted, the Zoning Board of Appeals shall approve only such work as is necessary to alleviate the hardship. In granting any approval, the Zoning Board of Appeals shall have the authority to impose such reasonable conditions and restrictions as necessary.
(3)
In order to prove the existence of hardship, the Zoning Board of Appeals must find that:
(4)
The applicant shall consult in good faith with the Zoning Board of Appeals, the New York State Historic Preservation Office, preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property.
(5)
The Zoning Board of Appeals shall take into consideration the economic feasibility of alternatives to alteration, demolition, or new construction and balance the interest of the public in preserving the regulated structure or portion thereof and the interest of the owner in alteration, demolition or new construction.
(6)
The Zoning Board of Appeals may require that the applicant make submissions concerning any or all of the following information before it makes a determination of hardship:
(a)
Estimate of the cost of the proposed alteration, demolition or new construction, and an estimate of any additional cost that would be incurred to comply with the recommendation of the Planning Board for changes necessary for the issuance of a certificate of appropriateness;
(b)
A report from a licensed engineer or architect, with demonstrated qualifications and experience in rehabilitation, regarding the structural condition of any structures on the property and their suitability for rehabilitation;
(c)
Estimated market value by a licensed appraiser of the property in its current condition; after completion of the proposed alteration, demolition, or new construction; after any changes recommended by the Planning Board; and, in the case of a proposed demolition, after renovation of the existing property for continued use;
(d)
In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser, or other real estate professional experienced in rehabilitation, regarding the economic feasibility of rehabilitation or renovation for reuse of a structure proposed for demolition;
(e)
Amount paid for the property, deed, the date of purchase, and the party from whom purchased, and a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer;
(f)
If the property is income-producing, the annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years; and depreciation and annual cash flow before and after debt service, if any, during the same period;
(g)
Remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years;
(h)
All appraisals obtained within the previous two years by the owner or applicant in connection with purchase, financing, or ownership of the property;
(i)
Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two years;
(j)
Assessed value of the property according to the two most recent assessments;
(k)
Real estate taxes for the previous two years;
(l)
Form of ownership or operation of the property, whether sole proprietorship, for profit or not-for-profit corporation, limited partnership, joint venture, or other; and
(m)
Any other information deemed necessary by the Zoning Board of Appeals to make a determination of economic hardship.
(7)
Upon a finding by the Zoning Board of Appeals that without the issuance of a certificate of appropriateness all reasonable use of, or return from, the property will be denied a property owner, then the Zoning Board of Appeals shall issue a certificate of hardship approving the proposed work.
L.
Expiration.
(1)
Certificates of appropriateness and of hardship for demolition shall expire one year from the date of approval. Certificates of appropriateness and hardship for alteration and new construction shall expire if any of the following circumstances occur: work authorized under the certificate is not commenced and diligently pursued through the completion of substantial construction within 30 months of the date of approval by the Planning Board or Zoning Board of Appeals, or within 30 months of the stamping and signing of a related site plan, whichever is later.
(2)
Upon prior written request to the Planning Board or Zoning Board of Appeals, whichever board is responsible for issuing the certificate, at least 21 days before expiration, including a statement of justification for the requested time extension, the time in which to exercise the permit may be extended by the applicable board for a maximum period of six calendar months and one calendar year, respectively.
M.
Emergency demolition. Nothing in this section shall prevent the emergency demolition of a regulated structure authorized by the Code Enforcement Officer.
N.
Consultant. The Planning Board and Zoning Board of Appeals are authorized to retain an architectural historian or other professional knowledgeable in historic preservation to review a proposed application. The cost of any such review shall be born by the applicant.