Village of Sands Point, NY
Nassau County
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Table of Contents
Table of Contents
[HISTO RY: Adopted by the Board of Trustees of the Village of Sands Point 8-19-1985 by L.L. No. 4-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Fees and deposits — See Ch. 82.
Flood damage prevention — See Ch. 94.
Zoning — See Ch. 176.

§ 100-1 Findings; purpose.

[Amended 4-23-1997 by L.L. No. 6-1997]
A. 
The Village Board finds that the preservation of historic sites and districts within the village fosters a greater stability in our neighborhoods, creates an appreciation of our historic heritage and furthers the education of our future generations. Therefore, preservation of historic sites and districts will further the general health, safety and welfare of our residents.
B. 
It is the purpose of chapter to set forth procedures and criteria to preserve certain sites deemed to be significant in the history of our village and to remedy circumstances which would permit the needless alteration or destruction of these sites.

§ 100-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ALTERATION
Any act or process which changes one or more of the exterior architectural features of a structure designated as an historic site or located within an historic district.
BUILDING INSPECTOR
The Building Inspector of the Village of Sands Point.
COMMISSION
The Historic Landmarks Preservation Commission created by this chapter.
EXTERIOR ARCHITECTURAL FEATURES
The architectural style, design, general arrangement and components of all the outer surfaces of any 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 the structure.
HISTORIC DISTRICT
Any area that contains places, sites, structures or buildings that have a special character and ambience of historic, architectural or aesthetic interest and that represent one or more periods or styles of architecture of an era of history and that cause such area to constitute a distinct and identifiable district.
HISTORIC SITE
Any premises or structure 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 nation.
HISTORIC SITE MAP
A map to be prepared and maintained by the Commission identifying the location of all designated historic sites and districts in the village.
PERSON
An individual, partnership, unincorporated association, corporation or any other organization.
STRUCTURE
Any assembly of materials forming a construction framed of component materials intended for occupancy or use, whether or not it is being actually used or occupied.
STYLES OF ARCHITECTURE
A style recognized by any one of the following organizations:
A. 
The National Register of Historic Places.
B. 
The Historic American Buildings Survey.
C. 
The Historic American Engineering Records, United States Department of the Interior, National Park Service.
D. 
The Division of Historic Preservation, New York State Office of Parks and Recreation.
E. 
The Nassau County Museum.
F. 
The National Trust for Historic Preservation.
G. 
The Society of Architectural Historians.
VILLAGE
The Incorporated Village of Sands Point.
VILLAGE BOARD
The Board of Trustees of the Village of Sands Point.

§ 100-3 Historic Landmarks Preservation Commission established; membership; terms; compensation.

A. 
There is established an Historic Landmarks Preservation Commission consisting of five members.
B. 
The members shall be appointed by the Village Board of Trustees for a term of three years, or proportionately less, to expire July 1. All five members must reside within the corporate boundaries of the Village of Sands Point.
[Amended 6-21-1988 by L.L. No. 1-1988]
C. 
Of those five appointed members first taking office, one shall be appointed for one year, two shall be appointed for two years and two shall be appointed for three years.
[Amended 6-21-1988 by L.L. No. 1-1988]
D. 
Whenever a vacancy on the Commission occurs, the Village Board may appoint a person with the required qualifications to fill the unexpired term.
E. 
The members of the Commission shall serve without compensation.
F. 
The Mayor shall designate one of the five appointed members to serve as Chairman, a second of the five appointed members to serve as Vice Chairman and a third to serve as Secretary.
[Amended 6-21-1988 by L.L. No. 1-1988]

§ 100-4 Conduct of Commission meetings.

A. 
Three members of the Commission, of which one shall be the Chairman or Vice Chairman, shall constitute a quorum for the transaction of business. The concurring vote of three members shall be required for the adoption of any recommendations, motions or other actions.
B. 
No meeting of the Commission convened to transact business may be held unless all members of the Commission receive actual written notice of such meeting specifying the meeting time and place at least 10 days in advance. This requirement is waived if all members attend the meeting.
C. 
A member who misses two consecutive business meetings without an excuse may be removed from office by the Village Board.

§ 100-5 Powers and duties of Commission.

[Amended 4-23-1997 by L.L. No. 6-1997]
A. 
The Commission shall have the powers and duties granted to it by this chapter.
B. 
The Commission may conduct studies and surveys and prepare reports for the purpose of identifying sites for designation as provided in this chapter and to develop information to assist the Commission in the exercise of its powers and duties.
C. 
In addition, the Commission shall have the power to retain consultants, including but not limited to technical experts, engineers, architects and historians, to advise in the preparation of any plans or projects or to render assistance and advice in connection with any projects in order to fulfill the mandate of the Commission. Any contract to retain these consultants involving expenditures of any funds shall be subject to Village Board approval.
D. 
The Commission may, at its discretion, accept grants, private donations and other funds and spend such funds for projects contemplated by the foregoing Subsections A, B and C.

§ 100-6 Procedure for designation of historic sites and districts.

[Amended 6-21-1988 by L.L. No. 1-1988; 4-23-1997 by L.L. No. 6-1997]
A. 
Any person who owns real property located within the Village of Sands Point may request the Commission to designate his property as an historic site and any person or persons who own more than 50% of the real property in a proposed historic district in the Village of Sands Point may request the Commission to designate such property or properties as an historic district by submitting an application for such designation to the Secretary of the Board of Trustees or the Commission on a form designed by the Commission for such purpose. In addition, the Commission, on its own motion, may initiate a proceeding for the designation of an historic site or district. Any site or structure listed on the National Register of Historic Places or a comparable state, county or town register shall automatically, upon effectiveness of this chapter or upon such listing, be the subject of an application for designation of an historic site or district.
[Amended 9-25-2007 by L.L. No. 3-2007]
B. 
Whenever the Commission considers an application for designation of an historic site or district, the Secretary of the Commission shall notify the applicant. The Secretary shall notify the owners of the affected property and of all other property within a nine-hundred-foot radius of the boundary lines of the affected parcel by registered or certified mail. The notice shall recite the nature of the application, the place and date of the Commission meeting which will consider the application and the name of the applicant. The notice shall be gives at least 10 days prior to the date of the meeting. All interested parties shall have the right to be heard prior to final action on the application by the Commission.
C. 
In reaching a decision, the Commission shall consider all factors relevant to the purpose of this chapter, including but not limited to the special character, ambience, historic significance, aesthetic value and uniqueness of the architectural design of the proposed historic site or district. All meetings of the Commission in which an application is being considered shall be open to the public. The Commission shall furnish a written report of its findings and decision on each application and shall include in such report such matters as may provide guidance in the review of plans pursuant to § 100-10 of this chapter.
D. 
The Commission shall either recommend approval of or deny an application for historic site or district designation within 30 days after the meeting of the Commission which considered the application.
E. 
Upon a Commission decision to deny an application for historic site or district designation, the proceeding shall terminate. Thereafter, the Commission may not consider any new application for designation of the same site until one year after filing of the denial decision. The Secretary shall file the decision to deny designation with the Village Clerk, who shall mail a copy of such decision to the applicant, the owner of the subject property, the Building Inspector and the Village Board.
F. 
Upon a Commission recommendation that the application be approved, the Secretary shall notify the Village Clerk, the applicant, the owner of the subject property, the Building Inspector and the Village Board of Trustees. The Board of Trustees shall affirm or deny the Commission's recommendation for historic designation for such site within 90 days after receipt of the recommendation of the Commission unless a public hearing is held pursuant to Subsection G.
G. 
The Board of Trustees, in its discretion, may call a public hearing on any application recommended for approval by the Commission within 150 days of the Commission's approval. A notice of such hearing shall be advertised in the official newspaper of the village at least 10 days prior to the date of the public hearing and notice thereof shall be served by certified mail, return receipt requested, postmarked at least 10 days prior to the date of the public hearing, upon those entitled to a notice pursuant to Subsection B. The Board of Trustees shall affirm or deny the historic designation within 45 days after the date of the public hearing.
H. 
Upon the Village Board's approval or disapproval of the application, the Village Clerk shall notify by mail all persons to receive notice by Subsection B, the Commission and the Building Department. If the Village Board affirms the designation, the Village Clerk shall also notify the Nassau County Board of Assessors.
I. 
Whenever a historic site or district has been designated, the Village Clerk shall cause it to be identified on the Historic Site Map.

§ 100-7 Building permits for actions within proposed historic sites or districts.

[Amended 6-21-1988 by L.L. No. 1-1988; 4-23-1997 by L.L. No. 6-1997]
The Building Inspector shall not issue any permits for the demolition, alteration or improvement of a site being considered for historic site or district designation by the Commission for 210 days after the date of application unless, prior to the expiration of such period, the Commission denies the application. If the property is designated as a historic site or district, no permit may be issued except in conformity with § 100-10 of this chapter.

§ 100-8 Fees and deposits.

[Amended 6-21-1988 by L.L. No. 1-1988; 4-23-1997 by L.L. No. 6-1997]
An application for designation of a historic site or district pursuant to § 100-6 of this chapter shall be submitted to the Secretary and accompanied by an application fee, as provided in § 82-4, and a deposit, as provided in § 82-5, to defray expenses incurred by the village in the processing of the application. Any application made by the Board of Trustees or the Commission, on its own motion, shall require no fee or deposit.

§ 100-9 Assessment relief.

[Amended 4-23-1997 by L.L. No. 6-1997]
The Village Board, when designating an historic site or district or deciding an application pursuant to § 100-10 of this chapter, may, at the request of the property owner or the Commission or on its own motion, recommend in an advisory capacity to the Nassau County Board of Assessors that the assessment of the affected property for general town or highway tax purposes, or both, be frozen at present levels or reduced prospectively, and may consider similar relief for village tax purposes.

§ 100-10 Regulations applicable to historic sites and districts.

[Amended 12-17-1991 by L.L. No. 9-1991; 4-23-1997 by L.L. No. 6-1997]
A. 
Construction, alteration, removal or demolition.
(1) 
No structure may be constructed, altered, repaired, moved or demolished on, to or from a site designated as an historic site or district within the Village of Sands Point unless there is compliance with the provisions of this section.
(2) 
The Commission shall review all plans for construction, alteration, repairing, moving or demolition of structures located upon an historic site or district within the Village of Sands Point prior to the performance of such work.
(3) 
The Commission's jurisdiction to review plans shall be limited to those portions of a proposal relating to the exterior architectural features of a structure visible from a public way and shall not include interior features.
(4) 
In reviewing the plans, the Commission shall consider the following:
(a) 
The historic and architectural value and significance of the site and its relationship to the surrounding area.
(b) 
The general appropriateness of the proposed exterior design.
(c) 
Any other factors which the Commission deems pertinent to the benefit of the village and to the historic significance of the site and surrounding area.
(5) 
Alterations, repairs and additions to structures which are designated as historic sites or districts shall be consistent with the materials and style of the architectural period of which the structure is characteristic.
(6) 
The Commission may permit a structure designated as an historic site or district to be moved as an alternative to demolition.
B. 
Review of plans; variances.
(1) 
Application for a building permit to construct, alter, repair, move or demolish any place designated as an historic site or district shall be made to the Building Inspector in accordance with established procedure, except as provided hereafter. The application shall indicate the site to be a designated historic site or district. The plans submitted shall show the structure in question, its relation to adjacent structures and the proposed construction, alteration, repair, moving or demolition. The applicant is to submit a nine-hundred-foot-radius map and list of property owners.
(2) 
The Building Inspector shall submit the applications and plans to the Commission for review prior to the issuance of any permit.
(3) 
The Commission shall review the plans pursuant to this section, and in doing so, may confer with the applicant, his authorized representative or any other interested party concerning the application.
(4) 
Notwithstanding any other provisions of this chapter, the Commission must grant a notice to proceed if the applicant establishes to the satisfaction of the Commission that there is unnecessary hardship in the strict application of the provisions of section. To demonstrate unnecessary hardship the applicant must establish that:
(a) 
The land or improvement in question cannot yield a reasonable return if the proposed action is not permitted; or
(b) 
The hardship of the applicant is due to unique circumstances relating to the property or its use; and
(c) 
The proposed action will not alter the essential character of the area; and
(d) 
The hardship is the result of the application of this chapter and not the result of any action or omission by the applicant.
(5) 
Any relief granted shall conform to the purposes of this chapter.
(6) 
The Commission shall approve, modify or disapprove the application within 60 days after receiving the application and transmit a record of its proceedings and findings to the Building Inspector and the applicant. If the Commission fails to act within 60 days of receipt of the application, the application shall be deemed approved.
(7) 
The Building Inspector shall not grant a permit until:
(a) 
The Commission has approved the application; or
(b) 
Sixty days have elapsed from the date the application was received by the Commission.
C. 
Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any historic structure with materials of a quality and color similar to the original.
D. 
Appeals from decisions and orders of the Commission.
(1) 
Any owner of property designated as an historic site or district who is aggrieved by any decision or order of the Commission issued pursuant to this section in connection with an application for a building permit to construct, alter, repair, remove or demolish any place designated as an historic site or district may appeal such decision or order to the Board of Trustees.
(2) 
A concurring vote of a majority of the entire Board of Trustees shall be necessary to reverse or modify any decision or order of the Commission issued pursuant to this section.
(3) 
Any appeals must be taken within 30 days after the filing of a decision or order of the Commission by filing with the Commission and with the Board of Trustees a notice of appeal, specifying the grounds thereof and the relief sought. Upon its receipt of a notice of appeal, the Commission shall transmit to the Board of Trustees all the papers constituting the record upon which the decision or order appealed from was taken.
(4) 
The Board of Trustees shall affix a reasonable time for the hearing of the appeal and give public notice of such hearing by publication in the official newspaper of the village at least five days prior to the date thereof. The cost of sending or publishing any notices relating to such appeal, or a reasonable fee relating thereto, shall be born by the appealing party and shall be paid to the Village Clerk prior to the hearing of such appeal. Upon the hearing, any party may appear in person or by agent or attorney.
(5) 
The Board of Trustees shall decide the appeal within 62 days after the conduct of said hearing. The time within which the Board of Trustees must render its decision may be extended by mutual consent of the applicant and the Board.
(6) 
The decision of the Board of Trustees shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered and a copy thereof mailed to the applicant and the Commission.
(7) 
The Board of Trustees may reverse or modify any decision or order of the Commission issued pursuant to this § 100-10, upon a finding that the appellant has demonstrated, by a preponderance of the evidence, that the decision or order, or any part thereof, was incorrect pursuant to the criteria set forth in § 100-10(B)(4), or other appropriate provisions of this chapter.
(8) 
The Board of Trustees, in reversing or modifying a decision or order of the Commission, shall have the authority to impose such reasonable conditions and restrictions as are directly related to or incidental to the proposed use of the property. Such condition shall be consistent with the spirit and intent of this chapter and Chapter 176, Zoning, and shall be imposed for the purpose of minimizing any adverse impact such reversal or modification may have on the neighborhood or community.

§ 100-11 Exempted actions.

[Amended 4-23-1997 by L.L. No. 6-1997]
This chapter shall not apply to actions undertaken by any persons pursuant to an order issued pursuant to other ordinances or laws for the purpose of remedying conditions determined to be unsafe or dangerous to the health or property of any person.

§ 100-12 Penalties for offenses.

[Amended 4-23-1997 by L.L. No. 6-1997]
A. 
An offense against any provisions of this chapter shall be a violation punishable by a fine not to exceed $500 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. Each day's offense against this chapter shall constitute a separate and violation.
B. 
In addition to the penalties set forth in this section, the Village Attorney may institute appropriate proceedings in the Supreme Court to prevent, restrain, correct or abate a violation of this chapter.