This chapter shall be known and may be cited as the "Historic
Districts Law of the Town of Smithtown."
As used in this chapter, the following terms shall have the
meanings indicated:
ALTERATION
Any material change in the exterior architectural features
of any structure less than the demolition or removal of the structure.
"Exterior architectural features" specifically means the architectural
style, general design and general arrangement of the exterior of a
building or other structure subject to the provisions of the Historic
Districts Law. The term includes the color, the kind and texture of
building material and the type and style of the doors, light fixtures,
signs and other appurtenant fixtures. In the case of outdoor advertising
signs, "exterior architectural features" means the style, material,
size and location of all signs. Any renovation of the interior of
a structure in an historic district which has no appreciable effect
upon the exterior architectural features of such a structure shall
not be deemed an "alteration."
ENVIRONMENTAL CHANGE
Construction, reconstruction, moving, alteration or demolition,
in whole or in part, which will affect the exterior design or appearance
of any structure, building or appurtenant open spaces within or adjacent
to the historic district.
HISTORIC LAND USE DISTRICT
A designation which:
A.
Specifically identifies archaeological sites, pieces of property,
buildings or landmarks of special historical, cultural or architectural
interest, which together form a distinct geographical area within
the Township of Smithtown.
B.
Specifies the purpose for creating such an area and the restrictive
land uses within the area and identifies the historical period, cultural
features or archaeological heritage sought to be restored or preserved
within the district.
HISTORIC PERFORMANCE STANDARD DISTRICT
A designation which:
A.
Specifically identifies individual archaeological sites, pieces of property, buildings or landmarks of special historical, cultural or architectural interest to the Town of Smithtown as outlined in §
185-2 of this chapter.
B.
Designates the archaeological site, piece of property, building
or landmark as belonging to a district and thereby extends the provisions
of this chapter to the designated structure and appurtenant open spaces
and to adjacent structures which materially affect the architectural
or aesthetic features of any structure designated as part of the district.
STRUCTURE
Any building or fixture, including but not limited to the
following: houses, stores, warehouses, churches, schools, barns and
other like buildings; fences, outhouses, pumps, gravestones, light
fixtures and other like fixtures; markers, display boards, display
panels, outdoor signs and other like outdoor advertising fixtures.
In order to carry out the purposes of this chapter, the Town
Planning Director, acting on the advice of the Smithtown Historic
Advisory Board, shall supervise the review of the proposed historic
districts with the specific powers and duties outlined in this chapter.
A. Upon receiving the recommendation for the creation of an historic
district from the Smithtown Historical Advisory Board, the Planning
Department shall:
(1) Make the necessary studies, research investigations and consultations;
prepare the necessary maps, reports and other material; and undertake
such other assignments as it deems appropriate and as may be requested
by the Town Board, all directed toward the establishment and preservation
of the recommended historic districts.
(2) Submit to the Town Board a written recommendation as to how to handle
the particular historic site or sites and whether or not to include
them in an historic standard performance district or an historic land
use district. This recommendation shall include:
(a)
A general description of the special features and characteristics
of such districts, the purposes for their being established and a
map showing clearly the properties to be affected.
(b)
The written approval of a majority of the owners of the properties
involved, stating that they wish to have their properties protected
by the covenants of Smithtown's Historic Districts Local Law.
B. Once an historic district has been created, the Planning Department
shall review all applications for certificates of appropriateness
that must be granted before an environmental change can be made in
an historic district. In its review of all applications for building
permits, moving permits, demolition permits, special use permits,
sign permits and variances concerning the exterior of buildings and
the use of land in historic districts, the Town Planning Department
will consider:
(1) The recommendations of the Smithtown Historic Preservation Commission.
(2) The effect that granting the application would have upon the special
character of the district to be preserved.
C. The Planning Department shall also review all municipal proposals
relative to uses or structures within an historic district.
[Amended 5-8-2007 by L.L. No. 5-2007]
No person owning, renting or occupying property within an historic
district shall make any environmental change unless a certificate
of appropriateness has been issued by the Building Director stating
that the proposed environmental change is appropriate and authorizing
the applicant to undertake such an environmental change.
Any applicant requesting an environmental change in a designated
historic district shall follow this procedure in obtaining a certificate
of appropriateness:
A. Applications for building permits, moving permits, demolition permits,
special use permits, sign permits and variances within historic districts
shall be referred to the Town Planning Department by the Building
Director or the Board of Appeals.
[Amended 5-8-2007 by L.L. No. 5-2007]
B. The Planning Department shall then review the application and plans
in accordance with the provisions of this chapter. In making its review,
the Planning Department may confer with the applicant or its authorized
representative and shall, in making its determination, consider the
following:
(1) The compatibility of the proposed building, structure, alteration
thereof or use of the property with neighboring properties and the
historic district as a whole.
(2) The visual and locational relationship between the property in question
and the historic district's existing buildings, structures, special
character and general appearance in regard to style, material, scale,
proportion, composition, mass, line, color, detail, setback, landscaping
and related items.
(3) Any other factors relating to aesthetic considerations which are
deemed pertinent to the benefit of the historic district.
C. By specific request in a particular case, the Planning Department
may require the submission of such plans, reports, maps, exhibits,
photographs or drawings as are necessary for its determinations. These
submissions shall include but not be limited to site plans; architectural
plans; landscaping plans; proposed signs; proposed exterior lighting;
proposed construction materials; proposed door, window and facade
design details and colors; and photographs or drawings indicating
visual relationships to adjoining buildings and spaces in the historic
district.
D. After its review and examination of the items submitted, and subsequent
to such further deliberations as it deems necessary, but within 45
days of the receipt of the application and accompanying items for
review, unless the time period is extended as mutually agreed upon
by the Planning Department and the applicant, the Planning Department
shall issue a favorable recommendation to the Building Director or
Chairman of the Board of Appeals only if it finds that the proposal
or modification thereof is, in fact, appropriate to the character,
appearance and efficient functioning of the historic district. When
the recommendation is for denial, the Planning Department shall state
the reasons given for such recommendation.
[Amended 5-8-2007 by L.L. No. 5-2007]
E. In an historic district, no permit shall be issued to erect or alter
a building, structure or sign or to move or demolish a building, structure
or sign in such manner as to change the outside dimensions or exterior
appearance unless and until a recommendation has been received by
the Planning Department. Likewise, no special use permit or variance
shall be granted by the Board of Appeals until a recommendation by
the Planning Department has been received.
F. Demolition permits.
(1) No permit shall be issued for demolishing all or part of a building
or structure within an historic district until the Planning Department
has reviewed such demolition permit application and its potential
effect upon said historic district.
(a)
If the Planning Department finds that preservation is physically
or economically unfeasible, it shall recommend in favor of issuing
such demolition permit.
(b)
If preservation is found to be physically or economically feasible,
the Planning Department shall take or encourage the taking of whatever
steps appear most likely to lead to such preservation, either on the
site on which the building or structure is located or on another site
to which it might appropriately be removed.
(2) Within six months from the date of referral of application for a
demolition permit, unless the owner of the property agrees to an extension
of the time period or unless means acceptable to the owner have been
found to preserve the building or structure, the Planning Department
shall give its recommendation to the Building Director, who shall
thereupon be authorized to act upon such application.
[Amended 5-8-2007 by L.L. No. 5-2007]
G. In such instances where the Planning Department shall recommend more
or less restrictive regulations than those authorized in this chapter,
in the Town Subdivision Regulations and in other Town ordinances, in order to accomplish the
purpose of this chapter, the Town Board, Planning Board, Building
Director and the Board of Appeals shall be empowered to adopt and
enforce such more or less restrictive regulations.
[Amended 5-8-2007 by L.L. No. 5-2007]
H. Any person aggrieved by any decision of the Planning Department or
Building Director under this chapter may appeal such decision to the
Board of Appeals in the same manner as is provided for zoning appeals;
and the Board of Appeals, after proceeding in the same manner as is
provided for zoning appeals and with the same power and authority
vested in said Board of Appeals, when passing upon appeals before
it, under the provisions of Town Law, may reverse, modify or affirm
the decision of the Planning Department or Building Director.
[Amended 5-8-2007 by L.L. No. 5-2007]
[Amended 5-8-2007 by L.L. No. 5-2007]
Nothing in this chapter shall be construed to prevent the ordinary
maintenance or repair of any exterior architectural feature of any
structure included within an historic district which does not involve
a change in design, material, color or outer appearance thereof nor
to prevent any environmental change which the Building Director or
Inspectors shall certify is required by public safety because of an
unsafe or dangerous condition.
Whenever a site designated as or within an historic district
is destroyed or its exterior is altered to such an extent that it
ceases to have historic significance, the Town Board may direct, by
resolution, that it be removed from the Town Zoning Map as an historic
district. Prior to taking such action, however, the owner shall be
given written notice of such proposed action and an opportunity to
be heard thereon before the Town Board.
This chapter shall not apply to any environmental change which
shall occur prior to the date on which the structure involved is effectively
included within an historic district.