[HISTORY: Adopted by the Board of Trustees
of the Village of Plandome Manor 1-11-2006 by L.L. No. 19-2005 as Ch. 103 of the 2005 Code. Amendments noted where applicable.]
The preservation, protection, enhancement, perpetuation
and use of places, sites, buildings and structures having a special
character or special historical, cultural or aesthetic interest or
value, including appropriate and reasonable control of the appearance
of private property within public view within the Village, is determined
by the Board of Trustees to foster stability within the community,
an appreciation of heritage and furtherance of education and is hereby
deemed to be in the best interests of public welfare.
The Landmarks Preservation Commission shall
consist of the members of the Design Review Board.
The Commission shall have the authority to conduct
studies and surveys; to identify sites and structures as having a
special character or special historical, cultural or aesthetic interest
or value within the Village; to retain, with the consent of the Board
of Trustees where the expenditure of funds is required, consultants,
technical experts, engineers, architects, historians and the like;
and to make recommendations to the Board of Trustees.
A.
Any person may request designation of a site or structure
by submitting an application therefor to the Village Clerk on a form
designed by the Commission for that purpose. A nonrefundable fee as
provided in the Fee Schedule,[1] payable to the Village of Plandome Manor, shall accompany
any such application. All expenses of the administration of the application
shall be borne by the applicant. However, if the application is brought
by the owner of the property, the fee will be refunded if landmark
status is granted.[2]
B.
The Commission, on its own motion, may initiate proceedings
for designation of a site or structure.
C.
Any site or structure listed on the National Register of Historic Places or any comparable state register or otherwise designated by any federal, state or local authority as an historic or landmark site or structure shall, upon the effectiveness of this chapter or the subsequent listing or designation thereof, be the subject of an application for designation hereunder. The provisions of Subsection H hereof, with respect to the holding of public hearings within 120 days, as provided, shall not apply to any such site or structure pursuant to this subsection, and public hearings hereunder shall be held annually, in the month of October, unless otherwise directed by resolution of the Board of Trustees.
D.
Upon acceptance of an application to consider designation
hereunder, the Secretary of the Commission shall notify the applicant
and the owners thereof, together with the owners of all property within
a radius of 300 feet of the boundary lines of the affected area. Such
notice shall be by certified or registered mail and shall recite the
nature of the application, the time and place of the meeting and the
name of the applicant. Such notice shall be given at least 30 days
and no more than 45 days prior to the date of the meeting at which
the Commission shall hear interested parties prior to final determination
on its recommendation to the Board. If the owner does not consent
in writing to consideration of landmark status within 20 days of receipt
of said notice, the application will become null and void.
E.
In making a recommendation on an application, the
Commission shall consider all relevant factors, including but not
limited to the character, architectural design, ambience, historical
significance, aesthetic value and uniqueness of the proposed subject
of the application or of the area in which it is situate and the building
styles within the area.
F.
The Commission shall file written findings and a decision
with the Village Clerk within 30 days after an application is reviewed.
G.
All meetings of the Commission shall be open to the
public.
H.
After the Commission shall have determined its recommendation
on an application, the same shall be filed with the Village Clerk,
and the Board of Trustees shall, within 120 days from its next regularly
scheduled meeting, hold public hearings on the application in the
same manner as for the adoption of a local law. The Board shall, by
regular mail, give individual notice of the public hearing to all
persons within the area specified and either vote to adopt or decline
to vote to adopt the specific site or structure for historic designation.
A.
No structure may be constructed, altered, repaired,
moved or demolished once it has been designated as having a special
character or special historical, cultural or aesthetic interest or
value hereunder, or if it is situate upon a site so designated or
located wholly or partially within the boundaries of the Village as
so designated, unless full compliance is had with the provisions of
this section.
B.
Review pursuant to this section shall be limited to
the exterior architectural features of the structure and shall not
apply to interior features.
C.
Criteria for review by the Commission shall include,
but not be limited to, the significance historically and architecturally
of the site or structure, including its relation to the surrounding
area; the general appropriateness of the exterior design as it relates
to the area; and such other factors deemed relevant to the special
character or special historical, cultural, architectural or aesthetic
interest, value or significance of the site or structure and the surrounding
area.
D.
The alteration, repair or addition to a structure
designated as having a special character or special historical, cultural
or aesthetic interest or value or to one situate upon a site so designated,
or located wholly or partially within the boundaries of the Village
as so designated, shall be consistent with the material and style
of the architectural period of the structure.
A.
No building permit shall be issued for demolition, alteration, improvement or other construction on any site or structure under consideration for designation hereunder after having been designated as a site or structure having a special character or special historical, cultural or aesthetic interest or value except in conformity with § 136-5D of this chapter.
B.
Applications for building permits for a structure
designated as having a special character or special historical, cultural
or aesthetic interest or value, or for one situate upon a site so
designated, or located wholly or partially within the boundaries of
the Village as so designated pursuant to this chapter, shall be made
in accordance with the general provisions of the Code, except as hereinafter
provided. Any such application shall indicate that the structure or
the site within which the structure is situate is designated property,
and the plans submitted shall show the subject structure, its relation
to adjacent structures, the proposed construction, alteration, repair,
moving or demolition and a list of property owners within a three-hundred-foot
radius of the boundaries thereof.
C.
No building permits shall be issued for constructing,
altering, repairing, moving or demolishing a structure designated
as having a special character or special historical, cultural or aesthetic
interest or value, or for one situate upon a site so designated, or
for one located wholly or partially within the boundaries of the Village
as so designated, except by order of the Board of Trustees after review
of the plans and consideration of the recommendation of the Commission.
D.
Where a variance may be required, the Commission shall,
upon the filing of an application for such variance, submit a copy
of its report to the Board of Zoning Appeals of the Village.
E.
Nothing herein contained shall limit the ordinary
maintenance and repair with like materials of similar style, quality,
color and design of any site or structure designated hereunder.
The Board of Trustees when designating a site
or structure as having a special character or special historical,
cultural or aesthetic interest or value may, at the request of any
person 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 tax purposes be frozen at present levels or reduced
prospectively and consider similar relief for Village tax purposes.
Nothing herein contained shall limit action
by the appropriate authority in the case of an unsafe building or
one that is dangerous to the life, health or property of any person.
