[HISTORY: Adopted by the Board of Trustees of the Village of Flower Hill 4-7-1993 by L.L. No. 2-1993. Amendments noted where applicable.]
The preservation, protection, enhancement, perpetuation and use of places, districts, 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 the public welfare.
The Landmarks Preservation Commission shall consist of five members, each of whom shall be a resident of the village.
Members of the Commission shall be appointed by the Board of Trustees to serve without compensation. The Board of Trustees, in its sole discretion, may require a member of the Commission to be reasonably versed in landmarks preservation and another to be a licensed architect. The first persons to serve shall be appointed such that the term of one shall expire at the annual meeting of the village in each of the the next succeeding five years. After the expiration of the first member, one member shall be appointed for a term of five years, and annually thereafter one member shall be appointed for a term of five years. Vacancies shall be filled by the Board to serve for the balance of the unexpired term. The Mayor shall designate a Chair, a Vice Chair and a Secretary.
The Commission shall have the authority to conduct studies and surveys; to identify sites, districts 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 recommendation to the Board of Trustees.
Three members of the Commission, of which one shall be either the Chair or Vice Chair, shall constitute a quorum; the concurring vote of three members shall be required for action by the Commission.
Any person may request designation of a site, district or structure by submitting an application therefor to the Village Clerk or Village Clerk-Treasurer on a form designed by the Commission for that purpose. A nonrefundable fee in a sum as set forth in Chapter A243, Fees, Charges and Deposits, payable to the Village of Flower Hill, shall accompany any such application. All expenses of the administration of the application shall be borne by the applicant.
[Amended 11-10-1999 by L.L. No. 3-1999]
The Commission, on its own motion, may initiate proceedings for the designation of a site, district or structure.
Any site, district 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, district 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, district or structure pursuant to this Subsection C, and public hearings hereunder shall be held annually, in the month of October, unless otherwise directed by resolution of the Board of Trustees.
[Amended 7-5-1994 by L.L. No. 2-1994]
Upon acceptance of an application to consider designation hereunder, the Secretary of the Commission shall notify the applicant and, if the application is for a site or structure, the owners thereof, and if the application is for a district, all owners within the same, 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 10 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.
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.
The Commission shall file written findings and a decision with the Village Clerk or Village Clerk-Treasurer within 30 days after an application is reviewed.
All meetings of the Commission shall be open to the public.
After the Commission shall have determined its recommendation on an application, the same shall be filed with the Village Clerk or Village Clerk-Treasurer, 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 under Subsection D hereof.
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 a district so designated, unless full compliance is had with the provisions of this section.
Review pursuant to this section shall be limited to the exterior architectural features of the structure and shall not apply to interior features.
Criteria for review by the Commission shall include, but not be limited to, the significance historically and architecturally of the site, district or structure, including its relation to the surrounding area; the general appropriateness of the exterior design as it relates to the area; such other factors deemed relevant to the special character or special historical, cultural, architectural or aesthetic interest, value or significance of the site, district or structure and the surrounding area.
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 a district so designated, shall be consistent with the materials and style of the architectural period of the structure.
No building permit shall issue for demolition, alteration, improvement or other construction on any site or structure under consideration for designation hereunder; after having been designated as a site, district or structure having a special character or special historical, cultural or aesthetic interest or value, no such building permit may issue except in conformity with §§ 143-7 and 143-8 of this chapter.
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 a district so designated pursuant to this chapter, shall be made in accordance with the general provisions of this Code, except as hereinafter provided. Any such application shall indicate that the structure or the site or district within which the structure is situate is a 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.
No building permits shall issue 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 a district so designated, except by order of the Board of Trustees after review of the plans and consideration of the recommendation of the Commission.
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 Zoning Board of Appeals of the village.
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.
Additional requirements for demolition permits. In addition to all other requirements pertaining to the issuance of permits, any application for a demolition permit shall include a site development plan. Approval of the site development plan by the Board of Trustees is a prerequisite to the issuance of a demolition permit.
[Added 10-5-2009 by L.L. No. 18-2009]
The Board of Trustees, when designating a site, district 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.