For the purposes of this chapter, the following words and phrases
shall have the following meanings.
ALTERATION
Only exterior work on a building that requires a building
permit or demolition permit.
BUILDING
Any structure designed for the housing or enclosure of persons or property of any kind, including an accessory building as defined in §
306-5 of the Village Code.
DEMOLITION
The destruction of the exterior of a building, in whole or
in part, whether or not the foundation is also destroyed pursuant
to the requirements of a duly issued demolition permit.
HISTORIC BUILDING
A building which the Board of Architectural and Historic
Review has determined is subject to historic plan review pursuant
to this chapter or which meets the definition of landmark.
HISTORIC DETERMINATION
The review by the Board of Architectural and Historic Review
of applications for demolition permits or building permits for work
related to the exterior of buildings that are 100 years old or more
to determine whether such buildings meet the historic criteria and
are therefore to be considered historic buildings which are subject
to historic plan review, or the review performed at the voluntary
request of a property owner for such determination in the absence
of an application for a demolition permit or building permit.
HISTORIC PLAN REVIEW
The review of applications for demolition permits or building
permits for work related to the exterior of buildings that have been
found to be historic buildings pursuant to this chapter.
HISTORIC STYLE OF ARCHITECTURE
A style recognized by one of the following organizations
or by any other organization generally recognized as expert in historic
preservation of buildings, sites and landmarks:
A.
The National Register of Historic Places.
B.
Historic American Buildings Survey.
C.
Historic American Engineering.
D.
Division for Historic Preservation, New York State Office of
Parks and Recreation.
E.
National Trust for Historic Preservation.
F.
Society of Architectural Historians.
G.
Society for Preservation of Long Island Antiquities
LANDMARK
Any building that is listed on either the National or the
New York State Register of Historic Places or the equivalent registers,
if any, maintained by the County of Suffolk or the Town of Huntington.
LANDMARK AND HISTORIC DISTRICT MAP
A map to be prepared and maintained by the Board of Architectural
and Historic Review, the Village Historian, the Village Building Inspector
and Code Enforcement Officer(s) and such other persons as may be designated
by the Mayor, identifying the location of all landmarks, landmark
sites and historic districts, buildings and properties.
PROPERTY OWNER
A person or business entity having an ownership interest
in and to a parcel of land.
SERIOUS STATE OF DISREPAIR
Deterioration of any structural feature of a building so as to create a hazardous and unsafe condition, which may result in a claim that demolition, in whole or in part, is necessary to protect the public safety. See also existing Chapter
114, Buildings and Structures, Unsafe.
TAX EXEMPTION
The application of partial tax exemption as provided for in Real Property Tax Law § 444-a, as approved by the Tax Assessor of the Village of Northport pursuant to §
15-11 herein.
This chapter applies only to buildings that are 100 years old
or more. Therefore, no demolition or building permit may be issued
for any such building, unless an application to demolish or to make
alterations for which a building permit is required has first been
approved by the Board of Architectural and Historic Review as follows:
A. All complete applications for a building permit or demolition permit for all buildings that the Building Inspector determines to be 100 years old or more, or a letter of intent that contains such information and supporting documentation as the Building Inspector shall reasonably require, shall be referred to the Board of Architectural and Historic Review, which shall determine whether the building meets the criteria of §
15-4A. In making the determination of the age of the building, circa dates determined by reputable authority, which shall include the circa dates as recorded in the building inventory survey of the Village of Northport, shall be a sufficient basis upon which to determine the age of a building for the purposes of this chapter. A positive determination that the building is historic requires that the proposed demolition or other alteration for which a building permit is required undergo historic plan review pursuant to this chapter. If the property owner objects to such positive determination, the Board shall schedule a public hearing on the application to be held as soon as practicable but in no event later than 60 days from the time the application is complete as determined by the Board Chairman, unless the applicant requests a later date. Upon conclusion of the public hearing, the Board shall make a written determination within 30 days whether historic plan review is required applying the criteria set forth in §
15-4 of this chapter. If it makes a negative determination finding that historic plan review is not required, then it shall grant authorization to demolish and/or make the proposed alterations, subject to such code requirements that otherwise apply and shall not require historic plan review under this chapter. Nothing contained in such authorization shall be construed to waive any other code or other lawful requirements. The Board shall grant the property owner reasonable requests to adjourn and/or continue the public hearing for the purpose of submitting relevant and material evidence for the Board's consideration.
B. The positive or negative determination of the Board of Architectural and Historic Review regarding whether historic plan review under this chapter is required shall be final and binding for all present and future applications to demolish or make alterations for which a building permit is required unless newly discovered evidence is presented which the Board finds warrants a reconsideration based upon the quality and the relevance of the evidence or unless this chapter is amended, in which case the provisions of such amendment shall apply, and subject to the right of the property owner to file a hardship application as provided for in §
15-8 herein. Changes to the exterior of a building made in accordance with approvals previously granted by the Board of Architectural and Historic Review shall not be used to support any claim of newly discovered evidence.
C. A property owner may consent to historic plan review at the time they submit an application for a building or demolition permit. Such consent shall be made in a form as prescribed by the Board of Architectural and Historic Review. A property owner may also make a voluntary request for a positive determination absent any application for a building or demolition permit. In such case, the Board shall determine whether the building satisfies the criteria set forth in §
15-4 herein. If such determination is made, the property shall thereafter be subject to historic plan review under this chapter.
D. In making the determination whether historic plan review is required,
the Board of Architectural and Historic Review shall receive such
evidence as any interested party may wish to submit. In the event
the Board determines that it requires independent expert review, it
may authorize same. The fee of such expert shall be paid by the Village.
E. In the event the Board of Architectural and Historic Review finds that historic plan review pursuant to this chapter is required, it shall thereafter apply the standards set forth in §
15-6 to determine whether to grant, deny, or conditionally grant an application for a permit to demolish or make alterations to the building(s) and property which was the subject of such determination by the Board.
F. The Board of Architectural and Historic Review has discretion to
combine any public hearings it may hold pursuant to a single building
or demolition permit application, including hearings on the following:
(2) Historic plan review under the procedures and criteria set forth in §
15-6;
(3) Architectural design review under the procedures and criteria set forth in Chapter
13 of the Village Code;
(4) Whether a hardship is present that warrants a waiver of historic
and/or architectural review requirements.
G. The Village shall take such measures as appropriate to ensure that
a permanent record is maintained of historic buildings. These measures
may include, but shall not be limited to, maintaining an official
list of such properties and buildings, along with a copy of the Board's
determination and a description of the buildings to which this restriction
applies, and updating assessment records, building cards, and related
records.
No person shall carry on any exterior alteration, demolition, or new construction or moving of a building that is 100 years old or more, and that meets the definition of historic building, for which a building and/or demolition permit is required, without first obtaining a permit from the Board of Architectural and Historic Review, unless historic plan review has been waived pursuant to §
15-4E:
A. No work shall be commenced and no Village official shall grant, issue
or release a demolition permit or a building permit to alter the exterior
of any building that is 100 years old or more, and that meets the
definition of historic building, unless a permit has been granted
by the Board of Architectural and Historic Review. The permit required
in this chapter shall be in addition to and not in lieu of any building
or demolition permit or other approval required by applicable local,
state and federal laws, rules, regulations and ordinances.
B. Nothing contained in this section is intended to prohibit the construction,
reconstruction, maintenance, repair, alteration, improvement or rehabilitation
of public highways, streets, roads, walkways, sidewalks, bridges,
culverts, sewer and drainage facilities, water facilities and other
public property by Village, town, county, state and/or federal agencies
or utility companies. In addition, nothing contained herein shall
be construed to limit the property owner's ability to make any
changes or improvements that do not require a building or demolition
permit and any interior changes or improvements whether or not such
work requires a building and/or demolition permit.
C. Nothing contained in this section is intended to prevent changes
to the interior of a building or is intended to prevent ordinary maintenance
and such repairs as do not change an exterior architectural feature,
the exterior design, material, or outward appearance of an improvement
to a building which has been determined to be required to submit to
historic plan review under this chapter, except as otherwise required
by this Code.
D. This section is not intended to prevent the construction, reconstruction, restoration, rehabilitation, repair, alteration or demolition of any part of an existing exterior feature, or facade which, in the opinion of the Building Inspector and/or the Fire Marshal, presents an immediate safety hazard and requires an immediate emergency repair to preserve the structure or to safeguard the health and safety of its occupants or other persons (see also existing Chapter
114, Buildings and Structures, Unsafe). The term "emergency repair" shall not include major replacements/repairs, and is limited to the work necessary to stabilize the building or to protect the safety of occupants or the public. No additional work is to be performed until a required permit has been requested by the applicant and granted by the Board of Architectural and Historic Review and all other required approvals and permits are obtained.
E. Nothing in this chapter is intended to relieve a property owner from
obtaining a building or demolition permit or other approvals required
by local, state and/or federal law, rules, regulations and ordinances.
The work performed shall be in compliance with all applicable requirements.
F. The Chairman of the Board of Architectural and Historic Review, or
the Vice Chairman in the event of the unavailability of the Chairman,
is empowered to waive historic determination or historic plan review,
if the building was previously judged historic or is in an historic
district, where he finds that the proposed work is minor and will
have no impact on the historic appearance of the building and constitutes
an in-kind replacement. Such waiver shall be in writing and signed.
G. Nothing in this chapter is intended to prevent the installation of
any externally mounted device that is meant to capture or make use
of solar photovoltaic power, solar thermal energy, or other form of
solar power, even when a building permit is required, if the device:
(1) Requires piercing the building's shell only to the extent necessary
to securely mount the device upon the building and to allow for the
conduction of electricity, water, or other energy-carrying medium
to the building's interior; and
(2) Remains outside the building's shell except for the minimal piercing described in Subsection
G(1), and does not itself replace any portion of the roof. Further, the Chairman of the Board of Architectural and Historic Review, or the Vice Chairman in the event of the unavailability of the Chairman, shall waive historic plan review (or historic plan review, if the building was previously judged historic or is in an historic district) concerning the solar power device where he finds that the proposed installation meets these two criteria. Such waiver shall be in writing and signed.
Following the procedures set forth below in §
15-9, the Board shall make written findings granting, denying or granting with conditions the application for a permit to demolish and/or make alterations which require a building permit to buildings that are subject to historic plan review under this chapter. Such determination shall be based upon a consideration of the following factors as they relate to the historic significance of the building:
A. The impact of the proposed changes on the special character or historic,
architectural, engineering, cultural or aesthetic interest or value
of the structure or site and/or the surrounding properties and/or
structures, including other properties and structures within the zoning
district in which the subject structure/property is located;
B. The general design, character and appropriateness to the property
of the proposed action;
C. The scale of the proposed construction or alteration in relation
to the property itself, surrounding properties and the neighborhood;
D. Whether the proposed construction or alteration is visually compatible
with the textures and materials of the facade and roof of the historic
portion of the building or structure, and with its historic architectural
style, proportion, scale and configuration;
E. The legally permitted use of the property and of the buildings therein;
F. In the event of an application to raze or demolish, in whole or in
part, a building subject to this chapter, the Board shall, in addition
to the foregoing, consider the structural condition and the economic
feasibility of alternatives to the proposal; and the importance to
the Village and the extent to which its special character or architectural,
engineering, cultural, historic or aesthetic interest or value is
such that its removal would be detrimental to the public interest
or its retention would benefit the community;
G. The applicant shall use such materials in the construction or alteration
of a building as the Board determines are reasonable under all of
the circumstances. However, the Board must allow all applicants to
use modern materials of similar design and texture in lieu of original,
authentic-style materials if the historic appearance and character
of the building can be maintained. Applicants may elect to use original,
authentic-style materials in all cases.
H. Historic features and historic facades should be altered as little
as possible.
I. All alterations must be consistent in style, texture, scale and proportion
with the historical features of the building.
J. No approved or unapproved alterations made subsequent to the adoption
of this chapter can be used in the future as a reason to support a
finding that an historic structure is no longer historic.
K. The Board shall consider the impact of the proposed construction,
alteration or demolition upon nearby properties that are subject to
historic plan review pursuant to this chapter.
L. Any building found to be subject to historic plan review may be referred
to as a landmark by the property owner at his or her discretion.
M. Repairs to any portion of a building shall be permitted with original
or like materials and original methods of construction, to the extent
permitted by Chapter 10, Historic Buildings, and Chapter 2, Definitions,
of the 2007 existing Building Code of New York State or its successor
code.
Any property owner, including properties containing buildings that are 100 years old or more, may defer historic determination pursuant to §
15-4 by voluntarily submitting plans for the exterior alteration of a premises for which a building permit is required to the Board of Architectural and Historic Review pursuant to §
15-6. A property owner who is not satisfied with the results of historic plan review may appeal to the Board of Trustees following the procedure set forth in §
15-9C. If a property owner is not satisfied with the results of this process, then he/she may at any time object to historic determination under the criteria set forth in §
15-4 and pursuant to the procedures set forth in §
15-9. The buildings of a property owner who opts for voluntary plan review will not be recorded in Village records as historic buildings unless consented to by the property owner. Alterations to buildings which undergo historic plan review shall be eligible for partial real property tax exemption pursuant to §
15-11 if determined to qualify for the exemption by the Board of Architectural and historic plan review.
In the event that there is the need for immediate repairs and/or
renovations to a building subject to historic determination or historic
plan review, by reason of imminent threat to life and safety or for
other significant reasons as determined by the Chair of the Board
of Architectural and Historic Review or, in his or her absence, the
Vice Chair, then an emergency meeting of the Board shall be called,
and those Board members in attendance shall be authorized to grant
permission for those alterations, renovations and/or other improvements
that are necessary to meet the immediate threat or need, whether or
not a quorum is present for such meeting. In the event the threat
is so imminent that there is insufficient time to call a meeting,
then the Chair or Vice Chair can authorize permission for those alterations,
renovations and/or other improvements that are necessary to meet the
immediate threat or need and can waive any of the requirements of
this chapter.
The owner of the building and any person who demolishes, alters,
constructs, or permits a building subject to this chapter to fall
into a serious state of disrepair in violation of this chapter shall
be required to restore the property and its site to its appearance
prior to the violation, if directed to do so by the Board of Trustees,
which shall make such determination at a public hearing where substantial
evidence establishes that a violation as described herein occurred.
Ten days' notice of the public hearing shall be made by written
notice to the property owner and occupant and by publication in the
official newspaper of the Village. Any action to enforce this section
shall be brought by the Village Attorney. The Village shall be entitled
to recover the costs of such civil action, including reasonable attorney's
fees, if it prevails in such action by settlement or court determination.
This civil remedy shall be in addition to and not in lieu of any criminal
prosecution and penalty.
There shall be no fee for applications pursuant to this chapter.
The provisions of this chapter shall supersede any inconsistent
Code provisions with respect to the subject matter hereof.