(1) The Village Board of the Village of Nyack finds that there exist within the Village places, sites and structures that have a special character or special historical or aesthetic interest or value in American, New York State and local history, architecture and culture; that it is feasible to preserve and continue the use of such places, sites and structures; and that such places, sites and structures face the danger of being uprooted and destroyed without adequate consideration of the irreplaceable loss to the people of the Village of the aesthetic, cultural and historical values represented by such improvements. It is the sense of the Village Board that the standing of the Village as a viable community steeped in the history and culture of the mid-Hudson region requires the maintenance and enhancement of the historical, aesthetic, cultural and architectural heritage of the Village.

(2) It is hereby declared as a matter of public policy that the protection, enhancement, perpetuation, preservation and use of improvements of historical, aesthetic, cultural and architectural value are a public necessity and are required in the interest of the health, prosperity, safety and welfare of the people. The purpose of this section is to effect and accomplish the protection, enhancement, perpetuation and preservation of such places, sites and structures located within the Village; safeguard the Village's historic, aesthetic, cultural and architectural heritage as embodied and reflected in such improvements within Historic Districts; stabilize and improve property values in such Historic Districts; foster civic pride in the beauty and accomplishments of the past; protect and enhance the Village's attractions to residents, visitors and business interests; strengthen the economy of the Village and promote the use of the Historic Districts and landmarks sites for the education, pleasure and welfare of the people of the Village and area.
 

B. Procedure.

(1) Step one: Application submittal. Applicable, with the following modification: Proceedings for the designation of a landmark, landmark site or historic district may be initiated either by the ARB on its own motion or by the request of any person on an application form furnished by the Village. In the case of a request for historic district designation initiated by other than the ARB, the application must be signed by at least 33% of the property owners within the proposed district.
See Historic Landmark Designation Application for more information.

(2) Step two: Determination of application completeness. Applicable.

(3) Step three: Application referral, review and staff report. Applicable, with the following modification:

(a) The ARB shall refer all applications for designation to the Planning Board, which shall report its commendation prior to the public hearing before the ARB. Failure to submit a recommendation by that date shall be considered as a recommendation for approval.
(b) The ARB shall recommend either approval, approval with modifications or disapproval of an application within 62 days of the date of the first ARB meeting following the receipt of the complete application. In the event that no decision is rendered within 62 days, the application shall be deemed to have been recommended for approval.
(c) The ARB's recommendation shall be forwarded to the Village Board for a public hearing.
 

(4) Step four: Public notice as set forth in § 360-5.4E, Table 5-2. Applicable, with the following modification: Mailed notice to the owner or owners of the proposed landmark or properties within the proposed historic district shall be sent by via U.S. Postal Service first class mail at least 10 days prior to the date of the public hearing before the ARB.

(5) Step five: Public hearing. Applicable, with the following modifications:

(a) The Board of Trustees shall hold a public hearing within 45 days of receipt of the recommendation from the ARB to determine whether to designate the site or district as a landmark or historic district.
(b) A request for landmark designation must be approved by the owner of the subject property. If at least 1/3 of the property owners in a proposed historic district or the owner of a proposed landmark submit a petition to the Board of Trustees opposing such designation, it may only be enacted by a vote of at least 4/5 of the Board.
 

(6) Step six: Decision and findings. Applicable, with the following modifications: If the Village Board disapproves the application, the application may not be refiled for a period of one year from the date of initial filing.

C. Criteria. The following criteria shall be used by the ARB and the Planning Board as a basis for their recommendations:

(1) That designation is consistent with the purposes of this subsection and the Comprehensive Plan.

(2) That particular districts, structures or sites:

(a) Are associated with events that have made a significant contribution to the broad patterns of our history;
(b) Are associated with the lives of persons significant in our past;
(c) Embody the distinctive characteristics of a type, period or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or
(d) Have yielded or may be likely to yield information important in prehistory or history.
 

(3) Certain types of sites that ordinarily shall not be considered eligible for historic designation, including cemeteries, birthplaces or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature and properties that have achieved significance within the past 50 years, will qualify for designation if they are integral parts of districts that do meet the criteria, or if they fall within the following categories.

(a) A religious property deriving primary significance from architectural or artistic or historical importance.
(b) A building or structure removed from its original location but which is significant primarily for architectural value, or which is the surviving structure most importantly associated with an historic person or event.
(c) A birthplace or grave of an historical figure of outstanding importance, if there is no appropriate site or building associated with his productive life.

(d) A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived.
(e) A property primarily commemorative in intent if design, age, tradition or symbolic value has invested it with its own historical significance.
(f) A property achieving significance within the past 50 years if it is of exceptional importance.

D. Building permits for proposed landmarks and historic districts.

(1) No permit shall be issued to construct, alter, remove or demolish any structure or other feature on a proposed landmark site or in a proposed historic district after a complete application for designation has been filed. No such permit application filed after such date shall be approved by the Building Inspector while proceedings are pending on such designation unless the applicant obtains a certificate of appropriateness pursuant to § 360-5.11: Certificate of appropriateness.

(2) Nothing in this subsection shall be deemed to apply to the construction or alteration of a structure or other feature on a proposed landmark site or in an historic district if a permit for such work was issued before the application for designation was filed.

E. Identification of landmarks and historic districts. The Building Inspector shall be responsible for appropriate public identification of areas designated as landmarks and historic districts on the Landmark and Historic District Map. The ARB shall approve the size, color, typography, material of construction and wording of all public and private signs identifying landmarks and properties within historic districts.